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18-Dec-2003

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The Andaman and Nicobar Islands Marine Fishing Regulation, 2003

https://www.indiacode.nic.in/bitstream/123456789/18993/1/andaman_and_nicobar_islands_marine_fishing_regulation_2003.pdf

Andaman and Nicobar Islands

## J # I ### , Andaman And Nicobar Gazette ~ ##### EXTRAORDINARY #### ~ " 'RTftRf ##### Published by Authority ###### 1t~. 100, 'q)i~, lPPH, 14 'Jl(, 2004 °No.100, Port Blair, Frlda'l, Mal 14, 2004 ###### ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATION Port Blair, dated the 14th May, 2004 No.93/2004.1F.No.5-1 _(276)/2002-Dev.l.- The Andarnan and Nicober Islands Marine Fishing_ Regulation, 2003 (No.1 of 2003)- Part" - Section I (No. 63 dated 18th December, 2003) is hereby republished for the information of general public. By order and In the name of the Lieutenant Governor, Sd/- (Theresa Sandanam) Assistant Secretary (Fisheries) . MINISTRY OF LAW AND JUSTiCe ###### (Leglslatlv. D.pattment), _New DeIhl, the_ 1£1" _December, 2003lAwshayana_ 27, 1925 _(Saka)_ ###### THE.ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, :!O03 No.1 of 200) Promulgated by the President in the Flfty-folrth Year of the 'Republic of· India. ###### A Regulation to provide for the regulation of sea fishing of fishing vessels in the waters surrounding the Unicn Territory of the Andarnan and Nlcobar Islands and for matters connected Ulerewith. In exercise of the powers conferred by article 240 of the Constitution, the President· Is pleased - o promulgate the following Regulation made by him:- ###### CHAPTER I PRELlMINAllY 1. (1) This regulation may be called ~he Andaman and Nicobar Islands Short title, Marine Fishing Regulation. 2003. extent and commence- (2) It extends. to the whole of the Union Territory of the Andaman ment. ~nd Nlcobar Islands. (3) It shall come Into force on such dats as the Administrator may, by notificatIon In the OffiCial Ga.zette, appoint; and different dates may be appoinfed for different provisions of ----- ,. ... , 2 THE ANDAMAN AND NICOBAR, EXTRAORDINARY GAZETTE, MAY 14,2004. this Regulation and any reference in any such provlsl~n to tho commencement ofthis' , . Regulation shall be consnued as a reference to the coming into force of that provision. Definitions. 2. In this Regulation, unless the (·ontext 9tberwise requlrea,- p) II adjudicating officer" meanS anY officer of tbe Fisheries Department not below the rank of an Assistant Dlroctor'.~fFishtrie. authorised under-section 3 to exercise the powers conferred on, and to disebuge the duties Imposed upon, such an officer by this Regulation fQr such areu as may be speclfled by notlflcatlon in the Official Gazette. '~,' . ,,,' , -, -::;' ~ '_ _(b) "Adminlstratlon",;melUls_ the Administration Mthe UnIon territory of the Andaman and Nicobar Islands; " I _(c) "Administrator"_ means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; ", . ' (d) " Appellate Board" mean, the Appellate Board constituted under section 18; _(e)_ _•• authorised_ officer" r'leans an officer not below the rank of an Assistant Director of Fisheries. authorised by the Administrator by notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties imposed upon such officer by this Regulation; , (j) U flsh" means any vertebrate and invert~brate animal in the sea, and Includes , fish, crustacean, shellfish,lC:. 'oucumber (heche-de-mer), sea graascs and coraIa (dead or liv~g), excluding tho animal. covered under tho WUd Life (Protection) Act. 1972; 53 of 1972, _(g) •• Fisheries Department "_ means ~ Fisheries Department of the AdmiDistra- tion; _(h) "fishery_ office," m~ans an officer of the rank of Assistant Fisheries Guard but not above the rank of Auisttnt FishcriCi Development Officer io tho Depanmcnt of Fisheries or any other officer of tho Adminlsl!lti~)Q or tho Central Oovcnuncnt, as may be appointed by the Administrator by noiificitlon in the Offici.1 OazeltCj _(I) • I fi,lling "' mean,_ exploitation, CIltchmg or coliecdun of vertebrate and inverte- brate animals in the lea excluding animals covered under the Wild Ufe (ProtQCtion) Act, 1972, and includes fish, crustacean, Shellfish, sea cucumber (beebe-de-mer), sea S) III' 1912- grasses and corals (dead or living) by applying or operating any fimi", gears or culture of fish and its harvest In tho waten .surrounding tIi;;, Unitm territory of the Andaman and Nlcober Islands; (J) "fishing gears" in rcla.Uon'lo fish.ing, includes Implements, nets, hooks and ###### lines" cages" traps harpoon. but does not Include the cxplolivcs, polsons and chemicals or any other device ofmw destruction: lk) - 'lishin~ vessels" melUl. a ship or boat, whether or not filled with mecha- nised means of propulsion, whll}h is cnaaged in lea fil~lnl for profit .and .ipcl~des a catamaran, country craft, canoe and dinghy engaged in lea fishing; _(I)_ "port" means tho space within such limits as may, from time to time, be defined by the Administrator, by notificat1on in the Officl.1 Gazette, for the purposes of this Regulation; _(m) • 'prescribed"_ means prescribed by rule. made under this Regulalion; _(II)_ _••_ r cgi~tcrcd fishing ve,sellfmcnn, -,. ###### (I) a fishing vessel registered under sectlon 11 of the Marine Pl'Qducls S)ofl9n. Export Development Authority Act, 1972; _(Ii)_ _• velsel tealstlred_ u • fishln. v •••• l under - elton 91 ----- THEANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 3 _(0)_ "specified area" means such area or amas in the waters surrounding the Union territory of the Andaman and Nicobar Islands, but not beyond tb, lerritoQal ###### .~ as may be specified by lhe Administrator, by notificatiOn in the Official Gazette. J. The Administrator may, by notiflcation in the OOidal Gazette, authorise any officer Alllhori~nlllln of the Administration or of Central Government to exercise the powers conferred on, and to of officers discharge the duties imposed upon, an authorised officer under this Regulation in such area OJ' areas as may be specified in the notification. ``` CHAPTERn ``` R£GI.1LATION 01' FISIlING <t. (1) The Administrator, may, having regard to the provisions of sub-section (2), by Power to regulate, order notified in the Official Gazette, regulate, restrict or prohibit- restrict or _(a) the fishing in any specified area by such_ class or classes of fishing vessels as prohibit certain may be prescribed; or matters withiu _(b) the number of fishing vessels_ which may be used for fishing in any specified spcciflcd Ile:l. area; or _(c) the catching_ in any specified area.of'sucl species offlsh and for such period as may be specified inthe notification; or (d) the use of such fishing gear in any specified area 8S may be prescribed; or _(e) jishing_ in any specified area during such period of day or night as may be prescribed. . (2) In making an order under sub- section (I), the _J \dministrator shall have due regard_ to the following matters. namely:- _(a) tho_ need to.protect the interest of different sections of persons engaged in fishing, particularly those engaged in fishing by aslng traditional fishing crafts such as catamaran, country craft, canoe or dinghy; , _(b)_ the need to conserve fish and to regulate fishing on 8 scientific basis; _(c) the need to maintain_ law and order in the sea; _(d) the need_ to lease-any specified area surrounding the islands to conserve the fish or shellfish or to culture the fish or shellfish; _(e) the need to lease out right to fish in the ierritorla! waters for fish culture and_ harvest; and . (/) any other matter ~ may be prescribed. ~. No owner or master ofp fishing vessel shall usc, or cause to allow such vessel to be Prohihitinn ('" usc of lishillf. used, for fishing in any manner whlch contravenes an order made under section 4: vessels in con- Iravention of Provided that nothing in such order shall be construed as preventing the passage of any order any fish ing vessel from, or to. the shore, through any area whether specified area or other- mode under sec- wise: lion 4. l'ruvlded Iurthcr that the passing of such flshh' g vessel through any specified area shall not. in any manner, eause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified area tty IIsing any traditional fishing croft .~\I~h BS catamurnn, country craft, canoe or dinghy In n :cordancc with the provisions of III is Regllial iOJ!. J ;ice"~ing of 6. (I) 'Ole owner ofa fishing vessel may make all application to the authorised officer fishin(!. \·c~~tll. I'lli' Ihe urant of a licence for using such fishing vessel for fishing in any specified area. ----- 4 THE ANDAMAN AND NICOBAR EXT~ORDINARY GAZETTE. MAY 14,2004, , , (2) Every npplicntion under sub-section (/) ahnl! be ill such form, contaill such particulars. and be nccom~anitd by such fl.es, as may be prescribed. (3) The authorised officer may, after making such inquiry as 'he may deem fit and having regard to the matters referred to in rub-section (4), either grant or refuse to grant, to the owner of the fishing vessel a licence for us log such fishing vessel for fishing In the specified area or specified areas as may be mentioned in such licence. (4) In granting or refusing 10 grant a licence .under 'sub-section (3), the authorised officer shall have regard to the f?lIowing IT atters, namely:- _(a) whether_ the fishing vessel is registered or not; (/» the condition of the Iish.ng vessel including ihe accessories and fi5hillg bear with which it is fiued; _(c) whether_ any order has bern made under section 4; and (d) any uthcr matter as may bll prescribed, (5) A lincence granted under this section shall be in such form and valid for such period and subject 10 such conditions, inc luding conditions as to payment of such fees and furnishing such security for the due performance of the conditions; as may be prescribed: Provided that different fees lind different amounts by way of security may be prescribed if! respect of licences for different classes of fishing ves~els. (6) A licence granted WIder this socnon may be renewed _by the_ authorised ofOcor subject to the rules made under sub-section (5). I'fllhilJilhlll of 7. No person shall, after the commencement oflll!s Regulation, carry on fishing in any tislting hl'lISill!: specified area using a fishing vessel, which is not llccnced under section 6:· lishinf~ vC$sds Provided that nothing In this section shall apply 10 a fishing vessel, which was being used for fishing ill such area Immediatel), before the commencement ofthla Regulation, for such period as may be specified by the A.lministratol', by notification in tho Official Gazette. l'alll:dl;lIiulI. 8. (1) If the Authorised Offlcer is satisfied, either on a reference made to him in this ~ltsJlcn~i,,1t IIIHI .bchnlf or otherwise, Ihat- :II"l,,,.rnICIiI 111" li'TIIC':S. _(a) a licence_ granted under section 6 has been obtained by misrepresentation as 10 un essential Iact; or _(b) the holder_ ofa licence hilS, without reasonable cause, failed to comply with the conditions subject to which tho licence has been granted or has contravened any of the provisions of this Regulation or any order or rule made thereunder. then, without prejudice to any other pennlty to which the holder of the licence may be liable under this Regulation, the authorlsed officer may, after giving the holder oflhe licence a reasonable opportunity of showing cause and being beard, cancel or suspend the licence or forfeit Ute whole or any part of 8ecuri~'1 if any, furnished for lh9 due performance of the conditions subject to which lhe licence h~ been granted. (2) Subject to any rules that may be made in this behalf, the authorised officer may, for reasons to be recorded in writing, also vary or amend a licence granted under section 6. Hc~iSlr:llh'll of 9. _(I) No owner_ of a vessel other (han, a fishing vessel registered under section 11 of -" fishing \"\;~.cl" the Marine Products Export Development Authority Act, 1972, shall use or cause to be used 13 ufl97Z for the purposes ,of fishing in the speclf-ed area, unless such vessel Is registered as a fishing vessel under this Regulation. (2) Every application for registration of a vessel as a fishing vessel shall be made by the owner thereof to the authorised officer in such form and in such. manner and shall be accompanied by such fees, as may be prescribed,- ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 5 _(0) before the expiry of one month from the date on which he became_ the owner of such vessels; or _(h) before the expiry of three months from the commencement_ of this Rcgu lation, whichever is later: , Provided that the authorised officer may, for reasons to be recorded in writing, extend thc lime limit for registration by such period or periods not exceeding six months at a time, as he may think fit. . _(J)_ The nuthorised officer shall assign 8 registration number to the vessel and issue to the owner of the vessel registered by him a certificate o;'registration in the prescribed from and shall entpr the particulars of the certificate in the register to be kept by him in such form DS may be prescribed: . I'lIIvid~d that the authorised officer rna)" for reasons to be recorded in writing, refuse to register the vessel. (4) The registration once made shall continue to hi: in force until it is cancelled by the authorised officer. _(S)_ Evcry vessel registered under this section shall carry the registration mark assigned to it by the authorised officer and such mark shall l-e displayed on the vessel in the prescribed manner: _«(j)_ No vessel, other than a registered fishing vessel, shall be entitled to apply for a licence under section 6. I n. Where 3 registered fishing vessel moves from the IIrCR (If one port to the nrca of 'of\.rl1l:l1 inn III ilIlIJ:hcl' pori, for fjshjn~ in that area, the owner of such fi! hing vessel shall give information be given 10 'he au(horbed of· to thai effect, in the prescribed manner, to the authorlsed officer by whom such fishing ficer I\holll vessel was registered and also to the port officer havingjurisdiction over the area 10 wliich movcmcut o( such fi!;hill~ vessel moves. li~hiliA vessels, II. _(I)_ J':VCI y owner ufn registered fishing vessel sh 111 furnish to the authorised officer Itclllrm to he Iuru lshcd h) ;11 slII:h interval and ill such inanncr such return as may be prescribed. owner of regis' (2) The authorised offlcer may enter upon and inspect any registered fishing vc~scl at iercd fishing vessels, any time to verify the correctness of any return furnished by the owner under sub- section (1). 12. (1) Any person aggrieved by an order made under section 6 or section 8 or Appeal sgnlnst orders made section 9m3)" within thirty days from the date on which the order is communicated to him, under section prefer all appeal before the adjudicating officer in the prescribed manner: 6, section 8 or section 9. l'rovided thai the adjudicating officer may entertain the appeal after the expiry or IJlC said period ot'thlrty days, but not beyond sixty days, lf'he is sutisflcd that the appellant was 1'1 l'\'l·flll'I.I by sufficient cause from filing. the appeal in tlms. (2) On receipt of an appeal Under sub-section (I), the adjudicating officer shall, after giving the parties a reasonable opportunity of being heard, pass sucb orders thereon as he deems lit as expeditiously as possible, and in any case before the expiry of three months from fill' dall' or til ill)'. Ilf nppcnl. IJ. I-very fishery olliccr shall assist the authorised officer in the discharge of his rowcr~ nnd duties of d\ltit'~ and umy .. fishery offlccrs. (<II interpose for the purpose of'preventlng, and shall [0 the best of his ability I're\'I'111. till' cnmrnisslon of an offence punlsheble under this Regulation; (hI enter into any \'c!\~el or premises, for inspecting fishing implements or fish Ih~Il'fll .uu] cheek the r(l~~c~!lion of the fishing lleen-:c and registration of the vessel; ----- 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, MAY 14, 2004. _(c) conductfield verficatlon of the fishing Implements_ and crafts available with the pnrtios who have applied for fithLlg licence: and _(d) on knowirtg the design of on y person to commit an offence punishable under_ this Regulation, bring the same to the notice of the authorised officer. I','".:r III enter 14. If the authorised officer has. eithl:r on receipt of a report of the fishery officer or all" scurch lish- otherwise. reason to believe that any fishin ~ vessel Is being or has been used in contraven- IIIIo! \ l"~l'h, tion of any provision of his Regulation or of any order or rule made thereunder or of any of Ihc couclil ions of the licence. he may enter and search such vessel and impound the vessel and seize the fish found in it. ' ( 1i.,,,,,1\ nl"lsh, 15. _(J)_ The authorised officer shall k eep the fishing vessel impounded under section IIq~ \'l'.'I~1' I:. all,1 I _ii,_ in such place and in such manner as may be prescribed, dtspp"ul of \\,1/,'<1 li'.h (}) In the absence of suitable facilitieu for the storage of'the fish seized, the authorised officer may, i file is of'the opinion that the disposal of such fish is necessary, dispose of such fish and deposit the proceeds thereof In the prescribed manner in the office of the "dilldicalill~ officer. CHl..PTER III AOJIIOICA noN l\d.illdi~;"I\\iI, 16. (1) Where any authorised officer hu reason to believe that any fishing vessel is being, or has been, used in contravention (If any of the provisions of this Regulation, or of ###### any rule or order made thereunder or of~n~( of the conditions of the licence, he shall make a report thereof to the adjudicating officer. (2) The adjudicating officer shall, hold an inquiry into the matter mentioned ill the , report in the prescribed manner after @ivlng all the partles concerned a reasonable opportunity of being heard. l'cuatty. 17. (1) The adjudicating officer shall, after the inquiry under sub-section (2) of section ###### l6, decide whether any persons has used, or caused or allowed to 'be used, any fishing vessel ill contravention of any of the provisions of this Regulation or of any rule or order Illude thereunder or uny of the condition! of the licence, and any such person, on being found guilty by the adjudicating officer, st 1111 be liable to such penalty not cxceeding.- _(a) in case the vesselInvolved_ is fifty feet or above in length,- (I) five thousand rupees, if the value of'the fish involved is one thousand rupees or less; . (iI) five times the value cffhe fish. if the value of the fish involved is more than one thousand rupees; or _(iiI)_ five thousand. rupees, in any other case, being a case not involving fish, as may be adjudged by the Ilclj~dicating officer; _(b) in case the vessel_ Involved I~ below fifty feel In lcngth.- _(I) one thousand rupees._ if the value of the fish Involved is not more than one hundred rupees; or _(il)_ five times the value c.fthe fish. if the value of the fish involved is more than one hundred rupees but not more than one thousand rupees; or _(iii) one thousand_ rupee s, In any other case. being a case not involving fish, as may be adjudged by tho adjudicating officer. t.:') In addition to any penally that may be Imposed under sub-section (I). the iI~iudicalillg officer may direct,~hat- ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 7 _(a)_ the registration certificate of the fishing vessel which has been used, or caused or allowed 10 be used, in contravention of any provision of this Regulation or of any order or rule made thereunder or of any condition of the licence shall be·- (I) cancelled; or (;,) suspended for such period as the adjudicating officer deems fit; or _(n)_ the fishing vessel which has been impounded and the fish. which has been , ~a:i7t'd under section 14 shall be forfeited to the Administration: Provided that no fishing vessel shall be forfelied under clause (b), if the adjudicating officer, after hearing the owner of the vessel or any person claim ing any right thereto, is satisfied that the owner or such person had exercised due care and caution ~or the prevention of the comnlission of sue h offence. Ut.( _I)_ The Administrator may, by notification in the Official Gazelle, constitute an Cunstirutton of Appellate "ppl.'! lal~·l3onrd. Buard and (2) '1'11(, Appellate Board shall consist ofthree members one of whom shall be a person IIp[,cni to who is or has been a District Judge and such person shall be appointed as the Chairperson .. ~PpCJlutc oflhe Appellate Board and the other members shall be persons having expertise in fisheries oato. or law and such other qualifications as may be prescribed. (3) The fees and allowances payable to the Chairperso 1 and other members of the Appellate Board shall be such 8S may be prescribed. (4) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is communicated, prefer an appeal to the Appellate Ilo:lnl: Provided that the Appellate Board may entertain nny appeal after the expiry of the said period of thirty days. but not after the expiry of sixty days from the date aforesaid, if il is satisfied tlmt the appellant was prevented by sufficient cause from filing the appeal in lime. (5) No appeal under this section shall be entertained by the Appellate Board unless the appellant has, at the time of filing the appeal, deposited he If of the amount of penalty· payable under the order appealed against: Provided that, on an application made by the appellant in this behalf, the Appellate Board may, jf it is satisfied that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense willI such deposit either unconditionally or subject to such conditions as it may deem fl. to impose. . (6) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such inquiry as it deems fit, and after giving the parnes concerned a reasonable opportunity ofbeing heard, con finn, modify or set aside Ute on: er appealed against and the decision of the Appellate Board shall be final. . (7) Where the amount deposited by the appellant by way of penalty under sub- section (5) exceeds the amount directed to be paid by the Appellate Board, the excess amount so deposited, or where the Appellate Board sets aside the order imposing penally, the whole amount so deposited by way of penalty, shall be refunded to the appellant. , . J 9. '1110 Appellate Board may call for and examine the rcco 'ds of'any order made under Revision n.1' Appellate section 17 and against the order where no appeal has been preferred under section 18, for the Board. pUrp\lSC of satisfylug Itself as to the legality or propriety of such order or II!! to the regularity M the procedure and p:\!JS such order with respect thereto as it r lay think fit: i'ruvided that no such order shall be made without giving II reasonable opportunity of' bcmg heard to the parties . - •.. ----- ## - 8 THE ANDAMAN AND WCOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. I'lI\H'rs Ill" Ih,' _20._ _(I)_ The adjudicating c fticer and the Appellate Board shall have all the powers of a adllHiicallll1! civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the ,'II - (lin', ,11111 ihc tollowing matters, namely:- 11 •• ,11 II _(a)_ summouing 811 j enforcing the attendance of witnesses; _(h)_ requiring the discovery and production of any document; _(c)_ requisitioning any public record or copy thereof from any court or office, _(d) receiving cvid_ encc on affidavits; and _(e) issuing_ comm.ssions for the examination of witnesses or documents; (j) lilly other matt ~r as may be prescribed. (2) The adjudicating officer and the Appellate Board, white exercising any power under this Regulation, shall be deemed to be civil courts for the purposes of sections 345 and J.1() ofthe Cude ofCriminnl P ncedurc, 1973. (3) The Appellate Boai 4 shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908. but 91,811 be guided by theprinciples of natural justice and subject to 5, the other provisions of thh Regulation and the rules made by the Administrator, the Appellate Iloard shall regulate its own procedure, COllllaV~IIIIOI1 21. (I) Where a person committing contravention of any of the provisions of this hI ((llIlfliinics. Regulation or any rule or order made thereunder or any of the conditions ofa licence granted under it is II company, eye!') person who, at the time the contravention was committed, was ill charge or. IIl1d was resp .msible to UIC company for the, conduct of the business or the (,'OJllpany, ns well as the company, shall be deemed to be guilty of'the contravention and slndl he liable to be proceeded against and punished accordingly: Prov ideo that nothh.g contained ill Ihis sub-section shall render any such person liable to any punishment.ii]' he proves that the contravention was commiucd without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. (2) Notwithstunding anything contained ,in sub-section (1), where n contravention under this Regulation or imy rule or order made thereunder or any of the conditions of a licence granted under it has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, maneger, secretary or other officer of the coanpnny, such director, manager, secretary or other officer shall be deemed to be Sllilt~ of that contravention and shall be liable to be proceeded against and punished accordingly. ###### bp/Wl(Jfion.-ror Ihe purposes of this section,- _(tI)_ _•• company"_ means any body corporate ami includes a firm or other association 01 individuals; and _(b)_ "director", in relation to a firm, means Ii partner in the fum. CUAPTERIV ' MISCELLANEOUS 22. (/) Nothing c.nunlncd in this Regulation shall apply to survey vessels belonging , to _(a) the_ Celli rut GOYCOUllcnt; _(b) a State_ (Jovcrnment; _(c) it public_ undertaking. _E\planalioll.-_ For the purposes of this sub-section, "public undertaking" means any company or corpc ration owned or controlled by the Central Government including a Uuiou territory Administrntion or by a Stale Govcmment. ----- THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 9 (2) If the Administrator is of the opinion that, having regard to the purposes of this Regulation, It would 110t be In the public interest to apply all or any of the provisions of this Reguilltion to any class or classes of fishing vessels used for fishing In any specified area or areas, he may, by notification in the Official Gazette, axornpt, subject to such conditions as he may think fit to impose upon such cia 3S or classes of fishing vessel used for fishing in such specified area or areas, as he may specify in the notification, from the operation of all or any of the provisions of this Regulation: Provided that no notification under this sub-section shall remain in force for more than six months al a time. 23. (1) No suit, prosecution or other legal proceeding shall lie against the Administrator or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Regulation or any order or rule made thereunder. (2) No suit or other legal proceeding shall lie against the Administrator or any officer or authority for any damage caused or likely to be caused by anything which is In good faith done or intended to be done In pursuance of this Regulation or any order or rule made thereunder. 24 (1) The Administrator mEIY, by notification in the Official Gazette, make rules for carrying out the purpores of this Regulation. (2) In particular and without prejudice to the generality of the . foregoing power, such rules may provide for all or any of the following I matters, namely:- I (a) to regulate, restrict 01· prohibit the matters under clauses (8), (d) and (e) of sub-section (1) of section 4 and the matters to be considered by the Administra or under clause _(f) of sub-section (2)_ thereof, _(b) the form of the_ application for grant of licence under sub- section (1), the particulars which it shall contain and the fees which shall accompany it under SUb-section (2) of section 6; _(c) the matters to be considered by the authorized officer in_ granting or refusing to grant a licence under clause (d) of sub-section (4) of section 6; _(d) the form of licence,_ the fees payable, the conditions therein, and the security for the due performance of the conditions of the licence under sub-section (5) c,f section 6; _(e) the procedure to_ btl followed in varying or modifying a licence under sub-section (2) c f section 8; _(f) the form of appllcatior I_ for registration of a vessel as a fishing vessel and the fees which shall accompany such application under sub- section (2) of Section 9; _(g) the form of certificate of registration of a_ vessel as a fishing vessel, the form of the register referred to in sub-section (3) of section 9 and the manner in which thE· registration mark of the fishing vessel shall be displayed under sub-section (5) of that section; _(h) the manner_ in which the information relating to movement of a fishing vessel from the area (of one port to another port shall be given under section 10; _(i) the time and manner_ in which returns by the owner of a registered fishing vessel shall be furnished under sub-section (1) of section 11; _U)_ the manner In whlch appeal shall be preferred before the adjudicating officer under sub· section (1) of section 12; _(k) the place and the manner in_ which an impounded fishing vessel shall be kept under sub-section (1) of section 15 .and the manner in which the proceeds of the seized fish disposed off shall be deposited with the adjudicatir·g officer under sub-section (2) of that section; ----- 10 THE ANDAMAN AND NICOBAR EXTRAORDIN)\RY GAZETTE, MAY 14,2004. (/) the procedure of the inquiry by the adjudicating officer under sub- section (2) of section 16; _(m) the qualifications_ of th'j members of the Appellate Board other than the Chairperson under sub-sectlon (2) of section 18; _(n) the feas and allowance_ s payable to the Chairperson and other members of the Appellate Board under sub-section (3) of section 18; (0) the matter to be prescrlbed under clause _(f)_ of SUb-section (1) of section 20; _(p) the procedure_ of Appellate Board under sub-section (3) of section 20; _(q) any other_ matter in respect of which provision is to be, or may be, made by rules under this regulat on. (3) Every rule made under this regulation shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised In one session or In two or more successive sessions, and if, before the .expiry of the session immediately. following the session or the successlve sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rules shall thereafte r have effect only In such modified' form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done' under that rule. 25. (1) if any difficulty arises in giving effect to the provisions of this Power to regulation, the Administrator may, t y order published in the Official Gazette, remove make such provisions not inconslste tt with the provisions of this Regulation as difficulties. may appear to him to be necessary for removing the difficulty: Provided that no order shall bu made under this section after the expiry of three years from the commencement of this Regulation. (2) Every order made under t~ 15 section shall be laid, as soon as may be after it is made, before each House cf Parliament. Repeal and 26. (1) The Andaman and Nicobar Islands Fisheries Regulation, 1938 is saving. hereby repealed. 1 of 1938. (2) The repeal of the said Reg'Jlatlon shall not affeot- _(a)_ The previous operations of the sald Regulation or anything done or _suffered_ thereunder; or _(b)_ any right, privilege, obligation or "ability acquired, accrued. or incurred under the said Regulation; or _(c)_ any penalty, forfeiture or punishment imposed In respect of any offence committed against the said Regulation; or _(d)_ any Investigation, IElgal proceedings or remedy' In respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal.proceeding or remedy may be Instituted, continued or enforced and any such penalty, forfeiture or punishment may be Imposed as If the said regulation had not been repealed. A.P.J. ABDUL KAlAM, President. T.K. **VISWANATHAN,** Secy. to the Govt. of India. - MGPPB-100/GAZETTE/2004-40 Copies -----

30-Jan-1956

5

The andaman and nicobar islands live-stock improvement regulation 1955

https://www.indiacode.nic.in/bitstream/123456789/18990/1/andaman_and_nicobar_islands_live-stock_improvement_regulation_1955_5_of_1955.pdf

Andaman and Nicobar Islands

###### (Wftr ~ntlalnan and ~~t(nhnr (j5al£ttc EXTRAORDINARY. PUBLISHED BY AUTHORITY No.1, PORT BLAIR, TUESDAY, JANUARY 31, 1956, OFvrCB 0]" rrrn omur co~'[}\nS8TO:\Tn., .• ol..\" D.\::II.\.\" A.:\1) XrCOHAJ:. IsL.-\ :\1)8 - . ~()TI FfC.\.TfON. ###### , _Port_ _Blair,_ _the_ _30th_ _January_ _7956._ ###### i\ o. 13/;;G,-~rhe following Regulatiou )1l'ol1:mlgate(l l.y the President under clause (3) of article 243 of the ###### Constitution and published in the Gazette of India, Extraordinary, I>art II-Section 1, ilated the 30th Decem- her l!1t).i, is herehv repuhlishcd fOI' g'('ncr!l.l information:- THE _\,.\1}..:D{.\_'\" "\'~l) X[COTL\.l1 TRL.\'XDS ###### IXfE"TOCK L:HPn,OYEl\TBi\T nECrIJ.\.TIOX, 10.');) X o. ,j of 1.0.).) l">l'omnlg1\te(l h.v the President in the ,'ixth YC<l1' of the Il.epuulic of' Ludia, ###### A -I~egnb tion to provide Ior the improvement or live-stock in th('/·\ pr]'1l')'111 '1'1/1 ';('0\)'1]' 1 dnnrl-.;, '- **.•, .** e Tn exercise of the powers conf'cn-cd hy (~1i\,11<;e (:2) ###### or articlo 2J.3 01' the Constitution, the I'resirlent is pleased to promulgnte the following Hcglliation made l1Y IJ im:- _1._ _(I)_ This Regulation may be called the Andarnan and Nicobar Short Islands Live-stock Improvement Re~l1!:Jt;()I;. 19:;S title, e x t e nt and c om mence- I **mcnt.** (2) It extends _to the-_ whole _of_ the Andaman and Nicob:tr Islands. - -_---- -_--- _--_- -- -_ - - ~ -_ -_ -~ ----- - - - - ----------------- ----- ... ###### -_._----.. --- -- ~. (3) It shall come into force at once in the Andaman Islands; and the Chief Commissioner may, by notification in the Official Gazette, apply all or any of its provisions to any other area in the Andaman and Nicobar Islands from such date as may be specified in the notification. niti ons. 2. In this Regulation, unless the context otherwise requires,- f _(a)_ "bull" includes a buffalo-bull ; _(b)_ "Chief Commissioner'" means the Chief Commis- ###### sioner. of the Andaman and Nicobar Islands; • .. (c) "cow" includes a buffalo-cow and a heifer; J_" , . _(d)_ "licence" m~ans a licence granted under section 4 ; _(e)_ "Live-stock Officer" means. the' person on whom the ###### powers or duties of the Live-stock Officer under this Regulation are conferred or imposed under section 3 ; (f) "prescribed" means prescribed by rules made under this Regulation; . ###### !£~ (y) ~.iJ~~_..:::2 _(h)_ a person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody; and (i) a bull is said to be "castrated" if it is rendered incap- able of propagating. its.species. . point- _3. The_ Chief Commissioner may, by general or special order, nt confer or impose on any person all or any of the powers or duties Live- of the Live-stock Officer under this Regulation. ' ``` ck ``` leer. **_,_** **_'_** **_1C /)~ vv:-.~ ~_** lis which 4. (1) No person shall keep a b_ull which .has attained the ~- () f+ed ag. except under and in accordance with the terms, conditions and restrictions of a Iicence granted under this section, unless it is certified by the Live-stock Officer that the boll has been effectively castrated by a method and In a manner approved by him. _Explanaiion.:_ Where a_ person keeps ,more than one bull, he ###### " shall obtain a • separate licenoe in respect of c each bull. (2) Every licence under this section. shall be granted by the Live-stock Officer and it shall be in such form, for such period, and subject t<1 such terms, conditions and restrictions as may be prescribed. . (3) No fee shall be charge 1 for the grant of the licence. e luso l and' 5. (1) Subject to such rules as may be made in this behalf, the -v ocati on of Live-stock Officer may refuse to grant or may revoke a licence in ce nees. respect of any bull, if in his opinion the bull appears to be- _(a)_ of defective or inferior conformation and consequently likely to beget defective or inferior progeny, or _(b)_ suffering from an incurable contagious or infectious disease or from any other disease rendering the bull unsuitable for breeding purposes, or _(c)_ of a breed which it is undesirable to propagate. , (2) The Live-stock Officer may also revoke a licence granted in respect of any bull, if in his opini n- ###### • _(u)_ the licence was granted under circumstances of which he was not aware at the time of granting the licence, or _._ _(b)_ there has been a breach of any of the terms, condi- tions or restrictions of the licence. (3) Before a licence is revoked under this section, the Live-stock ###### Officer shall give notice thereof to the person keeping til bull or to the per on tared in the licence to be the owner of the bull, and such notice shall set out the ground for the revocation. Surrender of 6. A licence granted in respect of a hull skill be surrendered lic- nc e . without delay to the Live-st ck Officer, if- _(0)_ the period specified in the licence expires, or _(b)_ the licence is revoked under this Regulation, or 1 ~J)_: - •• , ----- 7.. The Live-stock Officer may by order require any person r ns pecti on of keeping a bull to submit it for inspection by himself or by any bulls. officer or. person deputed by him for the purpose, at any reasonable ###### time, either at the place where the bull is kept for the time being or at any other reasonable place specified in the order, and thereupon it shall be the duty of the -person keeping the bull to submit it for inspection accordingly, and render all t reasonable assistance in connection with such inspection to the Live-stock Officer or the officer or person so deputed, as the case may be. , 8. (/) The Live-stock.Officer may, by order, require any person Power 10 - ! keeping a'bull which in his opinion has attained theeped£iae a~e order cas- ') tration of and ~ respect of which no licence is for the time, oemg in force bulls. under this Regulation to have it castrated within' one month from the date of the service of the order, by a method and in a manner approved by the Live-stock Officer and specified in the order. (2) Such castration shall be performed or caused to be perform- ed by the I Live-stock Officer free of charge, unless the owner or ###### other person keeping the bull desires to make his own arrangements for complying with the order. , ###### 9. If any notice or order is served under section 5, section 7 or Duty to inform , section 8 on any person keeping a bull who is not the owner of the **owner** bull, it shall be the duty of that person forthwith to take all reason- of contents ###### }' oable rder, steps to inform the and if he fails oto wner of the do so, he shacontentll be lias bole f sto uch idemnify notice or the ordof enr otice of casor - i tration. owner against any loss which the owner may sustain by reason of such failure. ###### f, 10. It shall be the duty of any person who for the time being Production keeps a bull in respect of which a lieence has been obtained and is of licence. in force, to produce such licence,- ###### <, (d wit in a rea, o a Ie ime, t an 1:1 e where the bull is icu L,le tune bing. { d rnand made by II e Live-stock Oflicer o :--',' r;ffi-;:"'r of the A.~;,::ulture De artr - 11 t below 'the tank ###### of 'f,ri~ul.u •. d Assistan, 'Or an officer c, tl , Revenue Depart- me, ~ .ret vel w the rat - of I shsildar V~ - h other offi':er as ' .. may l,;: auth, rised in I,is behalf by the Chief. Commissioner by ###### general or special order, or _:_ _(b)_ before cow is s=rved by the bull, on demand made by the person in charge uf the cow. 11. Vlkever- Penalties. ###### '. •• (" I'.t" ps at, •. p .. cr-nu avention of t'I'S ~ egulation 0 of a., ..- \.,: order rr t~l:![euoder, or of any of file terms, C I ". L:-"s or r st ;C~:U_l:; 'f a hcence, or . ,(., neglects or I~ :., -.0 cubr it a bull f,)l inspection when ###### required to do so unde , sect ion 7, or {c) neglec or fa:is 1.0 com ply", ith an order 5 rv d under secuo« 8, or f) (u) neglects or fail" to produce a licence -hen re uired l do so under section 10, ###### shall be punishable with fine which may extend to fifty ru e s, and in the case of a second or any s bsequent offence with fine which n y extend tu or-e t··.ildred ru ees. to ) I' 12 ~:) l( a person wh-: "«~'s a bull neg'_cts or f ils t submit Pow r of ###### , ! iit t casfor t ated, in:'r'';!clic,. hn, en wr] equired en t"~l. '0 ,.:l do to so udo ndso uer ndesectr i '''n 8~t;, on the 7, Lir vet-stoo I avck e LOivll-;ae-sr t ocl Officel.. r direct th it til' 1]1 shall be castrated by a method and 1t 0 r at C3'e - hul] - ###### • in a roam er ap roved by Lun all marked With a res ri ed mark in the prescrl ed m nncr, f:ee of chnrge. (2) If It is not known ill "ho.:e ownership. rsses ion or custod y a bull is for the time being .j the fact en not e ascertained after ###### an, inqu'ry in the prescribed manner, th Live-: to l.: Ot1i -cr may seize the bull or cau it to be seized and, ." he 'I of opini n that the bull uas ~ tained the .,' _;er~_ nd s unsuitable or breedinn purposes en any of the C'\!l',h C' - in section (1) of " {'tinn <;, I", mav direct t"~ the lull shall be tastra.cd l v a method ----- 'j' (3) Every bull seized under sub-section (2) shall, after it has been castrated and marked as aforesaid tvhere necessary, be sold by ~ public auction or sent to a _pinjrapoie or infirmary recognised_ by the , Chief Commissioner in this behalf. I (4) If the owner of any bull seized under sub-section (2) appears before the Live-stock Officer within, such time as may be prescribed for the purpose and proves to the satisfaction of the Live-stock Officer that the bull is owned by him- (i) in case the bull has been sold by public auction, the proceeds of such sale shall be paid to the owner after deducting therefrom the costs, charges and expenses incurred for the main- tenance and sale of the bull; and ~ (ii) in any other case, the bull shall be delivered to the owner on payment of the costs, charges and expenses incurred for its maintenance, (5) The amount of such costs, charges and expense hall be determined in accordance with the prescribed scale. . Power 13. For the purposes of this Regulation, the Live-stock Officer: or 01 Live- any officer or person authorised by him in this behalf shall have stock Officer to inspect or power at all reasonable times- mark _(a)_ to inspect any bull ; bulls and to enter _(b)_ to mark any bull with a prescribed mark in the pres- premises. cribed manner; and ' _j_ (c) subject to such conditions and restrictions, if any, as may be prescribed, to enter any premises or other place where he has reason to believe that a bull is kept. 14. It shall be the dutx._ of all ~illage officers and servants and of Duty 01 officers all officers of the Veteriiitrrv, Agriculture and Revenue Depart- to re.port ments- offences, etc. _(a)_ to give immediate information to the Live- tock Officer of the commission of any off.ence or of the intention or preparation to commit any offence punishable under this Regula- ###### tion, which may corne to their knowledge; . _(b)_ to take all reasonable measures in their power to . prevent the commission of any such offence which they may ###### know or have reason to believe is about or likely to be commit- ted; and ' (c) to assist the Live-stock Officer in carrying out the ###### provisions of this Regulation. Cognizance 15. No magistrate of the third class shall try any offence punish- of offences. able under this Regulation, unless he is specially empowered by the Chief Commissioner in this behalf. . Officers to 16. The _Live-stock_ Officer, all persons and officers authorised by he public him under this Regulation and all village officers and servants while servants. discharging their functions under this Regulation, shall be deemed ###### to be public servants within the meaning of section 21 of the Indian XLV of Penal Code.j . , 1860. 11., r of _17._ _(I)_ No suit, prosecution or other proceeding skill lie against certai n pro- any officer or ser ant of the Government for any act done or ceedings. purporting to be done under this Regulation, without the previous sanction of the Chief Commissioner. . (2) No officer or servant of the Government shall he liable in respect of any such act in any civil or criminal proceeding, jf the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Regulation. Lirn it a ti on 18. Notwithstanding anything contained in any other 1n\V for the r or ce r tn i n time being in force, no suit shall be institute I again t the Govern- suits and **pr ose c IIti** **ons.** ment ancl no suit, 'prosecution or other proceeding hall be institut- ed azalnst any officer or servant of the Government in respect of any act done' or purporting to be done under this Regulation, unle: s the suit, pro ecution or orh r proceeding is instituted within i x months from the date of the act rnplained 0(. ----- ~E ANDAMAN & NICOBAR GAZE'rTE, EXTltAORDI~AB Y, JAN., 31, 1%6. 5 himself as to the legality or propriety of such order or as to the regularity of such proceedings, and may pass such order in reference thereto as he thinks fit. (2) Nothing contained in this section shall apply to the orders or proceedings of any Court or 11agistrate. ###### 20. (1) The Chief Commissioner may, subject to the condition Power to . of previous publication, by notification in the Official Gazette, make make rules. rules to carry out the purposes of this Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- _(a)_ all matters expressly required or allowed by this Regulation to be prescribed ;' _(b)_ the circumstances in which duplicates of licences may be granted, the fees which may be charged for the grant of such duplicates, and the conditions, restrictions and limitations subject to which they may be granted; (c) the powers to be exercised and the duties to be performed by officers appointed under this Regulation and the procedure to be followed by such officers; and _(d)_ the service of notices and orders issued under this Regulation. (3) In making a rule under sub-section (1) or sub-section (2), the Chief Commissioner may provide that a person guilty of a breach ###### thereof shall be punishable with fine which may extend to fifty rupees. **21.** The Chief Commissioner may, ~order in writing, exempt Exemption. ###### from the provisions of this Regulation any bull. dedicated to a religious purpose in accordance with any religious usage or custom, if- _(a)_ immediat Iy before such dedication notice has been given in the prescribed manner to the Live-stock Officer, or _(b)'_ where no such notice his been given, 'the Chief Com- ###### missioner is satisfied that such dedication ,has been made in good faith. ###### , - Sd/- HAl\[ SAHAi\ DAS. _Assistant_ _Secreiaru_ _(Judicial)_ _to the_ _Chief_ _Commissioner,_ _Andaman_ _and_ _Nicobar_ _Islands._ ----- ###### • 1!' ~itDbar' cJaztttt ## ~, ~ttdaman and ###### ~OBDINA.BY PUBLISHED BY AUTHIRITY • No. zs. PORT BLAIR. TBlJRSDAY, DEC. 8, 1911/AGRABAYANA 17, 1~- . ANnAMAN . AND NICOBAR .ADMINISTRATION~ , ClUBI' 001l)(188IONEB.~8 8BCRETA.RI~T. ###### NOTIFICATION. Prwt Bl4i,., tM Btl Decf;1f4h~ 1960/17111 .&grtlhay{Jfl(j 1882. No. 281/13-'19/60-J.-The foIl ow in g. Regulation promnlgated by the President is reproduced for general information. ~ -,. :By order, ###### (B. B. BRIV AS'J\A V A) AMI. Sec7"ttary to the Chief C017l7ni8riMser. . ### ------. ###### THE ANDAMA.N AND NIOOBAR IS:(;ANDS LIVE .. STOCK IMPROVEMENT (AMENDMENT) REGULATION, 1900 No. 4 o:r 1900 . Promulgated by the l'resident in the Eleventh Year of ###### theB.e=~~. . A . ~ to amend the And&1J1An and Nioohar Islands Live •. atook Improvement Regulation, 1955. :ftl e~ of tM powers oonferred by article 240 ###### of the Constitution. the President is pleased to promulgate the fono~ .Regulation made by him :- L (1) ""-:- ~~ ~ion may be \noUCU~11_~ , the Andaman and c_tDOSallft title llcementud . Nieo~ Islands ive-stock Improvement (Amendment) Regulation. 1960. •• . ' -. (2) It shall eome into force at once. Amend !Ileat of ###### S. In the ADd~n a.nd Nioobar IslAl\dw Dive-stock R~ulatioo 5 01 Improvement Regulation. 19:i5.-- " 1955. <i> elsuee (0) of section ~ shall be omitted; and • . ../ . (") f.or the words "speci1ied age tt wherever, they ###### occur the \fords, "prescribed age U shall be substituted. • R.A.JE1\"1)RA PRASAD; P1'erident. R. C. 8. SARKAR, Sec!!. PRIeN: $EYENTY-IIVE ~'.4 YB P .ass -----

30-Jan-1951

1

The andaman and nicobar islands public gambling regulation 1951

https://www.indiacode.nic.in/bitstream/123456789/18994/1/ani_public_gambling_regulation_1951.pdf

Andaman and Nicobar Islands

###### T- \'U' ANDS [PUBLIC] GAI',bL rNG ###### , TIfft ANDTU"IAN [Al,rll l\iIc ][Ctslh ][ISL] . REGULATI'ON, 1951. IrTo. I o 1 A Begutratlon [to ][nrd1ld?: ]I?" [the ][punlshment' ][of] ###### pub11c [gambllng ][and ][;h; ] [egnfng [of ]Yo'lTot [garrring-hous ] [qs ][1n] the Arrdaman [and ][Nic ][oUi" ][ls:L"nat'' ][and ][' ][f ][or ][matters ][c ][onnected] therewlth'. In excepcise [o,f'the ][powerF ][conferrgd ] [b{ ] [claD'ge] (r ) of articl, z+J'-Lr' [trru_ ][rionstrtr-,trol, the President ][ls ][p1e--] asectlpr;;;ie*tii;"'fJri;;i;;3;au1.a}.i,onmadebyh1rr;-:l : 1 . Shprt,tltle, [extel\t ] -+.nd [conrencement ] ['--(t0] ###### Thls publlc Regulatron oarrroii"g [,may ]h""gu'iiti6;- [i;. g.tt;a tn" ]fi|l ' l [Ahd*run ] [.a.nd ]' , [Nicoba' ]\ [rslands] ' ###### Z. It ,. extends [.to the ][whOle ] [of. ][the ] [Andarnan ][artd. ]['] liic obar' [IslahtlS ]' (: ) It s hal-1 [c ][ome ]['1nt o, f orc ][e at ] [onc ][3 ]['] { l. ###### fn thls Rebulatlbnv [unless] ?.' [D*f ][inltlons ]'- 1;kre ccPtext [othgfwlse' req-uire'] ###### t (* ) , [ttbetting ] of ff cerr [means ][aFI] plac e , whethgf g . or ['b ]etlj.t B :,,,.rb1- [i.c ][qi. ][private ][, ] [l.lf ][i"fr ][-it ] Ys " [d ][f'or ][wagerin] or wagerlng [oI'] ###### ii;;i; ,"ri-fbr [recelvin*.monevs as ][dn'agencv ]I[t] xe'rc1se, [or for] 1,si-;t1.g,pI'n'- [;;)'-tqt-Fight, ][game'- ][sport ] ' the s et tl enlent 1;kie sdttlttmEntr,*f FYCh [*-ageTs-or ][bels ][or ][for]Lt of s uch [wage-] t.t h}re [ageni^-ilitfi ][[i'- ] [prtil"1,plas ] [on, ][the ][re,s ][u] ###### { t r'S [f-)r ][betS ] [;] de [n ][means .the] qs" of Crimina{ ###### Q) 'rthe [co] Pr [oc'e ][rJure] 189E' [(apt ]v [of] fie9), (:l ) [rtc ]ommon gaTing-houserr fl€afis abY Pl [ar: ][e ], [whe-] h t; i't,ll [uub] ][i.c or ] [pf ][ivate ] [.1n whlc] (a ) arrY instruments [of ] [g,] aming are ';ePt [L)r ][us ][ed] ###### owld[ , [oc ][c ][uP{lng ] , [r]s ][ing] i'o r the [p ][roflt ] [or ][eu.'in:ii ] . !l: Pu-ti.:: I f charge [for thr; ] [Lrse] ###### o.r' keiepirig [s ][uci: ][pllce- ][Whelher ][by ][way ][o] or o f tHe Pl [erP ][e or ] [Qw!] o 1' Lrn [irrs ][t' ][tuur*"t's ] [' ][of ] [gamlng ][as ][s ][ugh ]' s, ,or ###### "irrut*i,se [howsogver ] [for ] [garnllgr ][FurPose] or Chlna (U ) the ,8*te 'of [the- ][well- ][known ][tn ] [Blrrrna] ld carrl- ###### gJ". ;; [pF[tI,na"a'eame ][o'f: ][a like ] [naLutr,er] or any [other] ed [ori;] (l+ superlttendent [gr. ][ncr ][tc'9" ][ill+udes] ###### ) [nDtstrlct ] i_t:) [.:rs_c ][istant ]_gup""eo[l"g""t ,!a'Pollce - [9I ] [ot]re'r ][pe:r5oI'] ] [' ][a'Iitr]t',rint'ed] ###### t;), [generar_ ][pf oi 3p;;iil ] [.rdeir ][Li*ty,- ]t,t''"' ci'-ltieqE'oj" [chief ][cornurlsslc,er: ]a ' Di;ltrict' [',rc] Su-- H );erclse, [the ][po1',/ers ] [;;d to ] [p.erf ][oi,'n ] niln anv area; i, [crintend;;i 5i ] [P;i1;;'^u,.rrui' ] [iii'= ] [n98tll ][^tlon ] ###### Contlnue-i ' [2/*] ----- -+t ,I I 'J'Wrffi{ ###### $ *r1[ ,) , [L' ][opy ] . [of ]+ [bt ][b"r ][Irro ][. ] [l ][g-7 ][112 ][o-Home ] dat ed 1-7 6 ###### from the Lssis tant Sec-reta::y (Gen""ur - [,;, ] ), Anclaman ancj .Nlcobar o'f A{rln-rgr.;rrt-} Potic e, Arlciaman o\,, Fort dlair-;,j;ressed anci /ratr.anirc,rrr;;- i;i;;d;; to I;;'i""il;tor port Brarr. - Generrrl Sub :- JSnpplf of Anr.laman ancl Nic g.h ar:.. Gamb.tr-lng hug ula1,- _l onl ###### tter No. 1 6/ 1 1 f orwar /76 dar.q],'?E,.tr*i;':;.*l: d nArewJth one c opy of tb; ;;;;;.1",5;$ Arr,i; run arld NlI;eove ob arr anclfsl alld.<to[55ttt7] ###### Pu-r)llc Garnbllqe Resulati.bn, fii1 (N;;-iT"oi lgit ) and to say that'suff-lcleilt- nfilrrer or' copi*" thereof r B.s per the re q ulr- of enrent the'zar'lous of thc :bnartnrent Police Statiofrs may ki;;iy-b;-sdi'"y"rbanh outiosts etc s tyl eci fo f tll:e ' ffixxxxx i ###### OFtr'rcil".'df*# ERINTENDEN; T)F' POLTCJd A-1\ DAIl,/iN alVD' N fC UBAJ1 ISLANUJ . ###### , o0o Port 81air. 1 ciatert 1-yle q Jul-I , 19'7 5. Qf.S.Pr.s C , f [I ]s and a S.H.0rg frfr informatj-on. ,t .a { ###### , \ 't ), . I [,, ][.1i. ] [,l-i,,,*] . / Super,*nt endEIlT-6f Polic e . t' ###### . Varadan i:TT6 ----- \l| 2 ###### G ) the words [rlgarulng ] n rrpl gramlnatlcal - [variations ]unJ""sils lnd aylng\, wl th thelr ' nded [t ][a ][klng ]game part of [-1n ]a like tfi; game na*g.u, of tne ["tut ]c)r cro ""Enail in no[^ ' any lnc]-u-de: ,expresslons olhgr [rr. garne promotlng,or tncl ,pr ucleete_ ###### i5a"3l ;i:r:31'n* [parf ][1;;'ui, ][sa.me ][oi ][rnor]e ]hur*an s,r{11 , whe- \ . (a),rc) ,thei expi.esslon, rrins trunents of ga ml n_gtt he an,s- b1os, ganrtng ['cloth] Pny [,cards, ]cllce, counters.. n olps 1 gamlng ta.- .QT ACtualIy uqed t or' f_:g,3Itng the purpose, [boar_ds' ]or [ol other-iri]gamlii; [*' ]" 1c-]- es devisecl ###### othere-ts or ganne 'forms ay,, usq,q. pi''btendea--[ar,.d. (n ) any foi -th" boxes.r ptsrBgse ii," . g,f-; recepf ,rf-;;;:o;;; iif;, qcl.es il*E;;l;.,, 11sts I ,. ori papto or ers an.y, t-Lc k_. \ ' osure, r?om, u^A_ i{ecg,; [:"{7) ][i;B}aqs" ]"\resser [m*m ]tr. ;.=hi;ies, [14c1udes ]. a [-- ]housoii [- ][-,] ten t ,, encl._ _ *,._+$.,,r, [Egnaf ][ty'. ][fo* ][oryi-ng] ###### IgeOfag aUIng;t't6.OUS"e . K \,'.........'.-trg$ng [or: ][heivtrlg ] cha- Whnsver ###### ,Lng the [is":.. [-'. ].:i wIter. op' eP gc,cupl er or' katmx hav_ ' gauing_ -a s,; , kee,p q. 9r' us e's t'he samd as a ..comnon on ow lngJ-{ gaming*hle,use p-eruit s: "t,he..i-#'., $Fu ro [rbr+rrer ]De opened, [oi ][gc ][.u.spd; ]c u.pi.errio{ [or ]tt,FPb,. [ani ]dg [pl'a ]a [c] ,kn:'j-ii,."',fiUr-'' ; [-gr ] i:: I (c I he's e care or' 1ng-h_oup;,a; 9f e n g b'u.B'in es s .g.f any c ?{-*l 9lnlnon .,_4nY gprn?: j i,. o f ganrlng wj.th ,Pffis-ons(a-), advq .'frdquent,lngttces or f urnl&IIy shes "c orrn:L.Eghon e'v ., f,or ah1thng-h e P;L1Ii) FE[pos.e] !it_ ,i ###### sha1l be-' dflv n[ e th r rst 0;.; { offence 1s on,mb n to a t f,or f I.ne a" not term exc n o.b e e cl dxc inge e- ###### exceedi for. & trr*b,s eq u['e,n].t?t..,l! pffence to a fJ-n e rrot nob exc up esBt or to |rlprlrS Oil'mo nt" f6r,a 'bgrm r. L;'<':.' ###### use,, hlhg *; [i'':] for' playlng or. he,l ng 1n c-t. ganilng- ho-. prssent [''f] a ;.ganrl''c [ommon ,ga-f{] rlg-house or ts tl.1ere p1aylng, P'g exceedln g e f1 r''s [t ] t'[whether ] offle,nce, [or][,to,][ n] [crb ]a fline [ac ][t ][r-l ][al.Iy]not not exie ecilng one .? mprls onpent fr:r a terrns ne not e,rC eod1.n g df ar tsupees e1€,14hsequent or bo lmBrloff ence s Qnment to a fi-for a ter m not excbedlng uohths ----- .',,1 ti # ffiI .4 3 ###### 5. Penalty for gamlng'or settl4g blrds or an1- mals to :tight 1n publlc DlaceF .--h/hoeser,16"ai?t- OT thorcugh;iar.e or place to- vrhlcir the puUllc have ac "t"eetcess- (") plays fo" money or other valuable thlnp wlth any lnstrument of gamlng; . or (U ) sets any blrds. or anlmals to A flght; or .p u*f s s pah ###### ubl ic ,, *n{il*03}"frlH3"3"t',l;ifis; , ' [and ] [ab ][et ] ssloner may,_ (O by ) 1n ndtlflcatlon any local ar.qfl. to,. rn^.trl6' wh{ch offli*i;i the Chlef C orrml-.- i;;"ite, lnPrr [this ] [clause, ][1n any ][nanner ][inv,lt*" ] [o"- urEorr"F ] es [,any] person to wager,or bet on'any.trf ffgh't, gamer or exerclse;" ] sha-l-J- be t_1?b19 to ? flh-e not elceiectrinr fllk rr:pees, or ['to] ###### lmprir"Tent for erm not ux"euai*g [-br" ]mbnth. oth er rike garne ,_u' [nelartr for ] [conductin,g ] [gaqre ][of to ] [or] Wh oeve r- ###### . [' (a) ]conducts or asslsts 1n conductlng the.game of to or Erny 'other game or pretended game of. a li,re nLtr-,_ re as manrrger or stake holejer; or -: , . [: ., ... ] f./!.,, ,, ,.,.i..'-.f:i [::,ijil.;lil ], [, ][',,. ] [- ]['.r.; ][f:r. ][r'.{:r','.,: ] (U ) lq, aqCOf ding tO ,the r ul es of the game pr e- ..ir.r.,,,.t.',.,n'..'*,r,i,)/,rr4,.,\r,.r,r.rrrr..,,.ir.,/-),u, -,..'',1.'l ', ' , ['te'nderl ]ganre, entiir"a-t; recelve the surplus proceeds 1 or a,Ry part c,f thg surplus proc,3ec]s I or the stake after dedui-, ###### eting thq ,""'unt puyunfu to bhe succ essful player or play- ers; or c 'b ng or collectlng o o-t-e^s-J}e- stakes -{1a.mor otherwls e pr pretended e I game b), so1.i- ###### to s ha.ll- s1x be rnonthsr-or. 1 iab-l-e .t o wlth flne, or wlth impris onment f br a' both.t ernl .whlc h may extend t-1 Rower [to ] [arrest; ][wlthgut ]warrant anci to seiz e I ###### ins trudfnent s cr f garning- (a) Any pol le p of J'1e er may. arr es t wlfl:rqut warr ant any person whcv ln any street or throroughfare or pl ac e t o whlc h the p'ubllc hav e aec es i and wlth{n the vlew of such pollce offlcer- (a ) sollclts , or ['cc,l-lects ]stakes for. the garne of ###### to_9r any other game or pretended game of a l1ire nature; or (tr ) Plays Io. monev or other valqable thlng wlth, ###### any lnstrunent of gaming; or (c ) se'bs blrcls or anlmals to [-flght; ] or ----- 4 t s uch Pub- ###### alds [ancl ][abets] (a) belng [the][re ][Present ] ['] r aninals [I ] [o] f-blrds [ol] 1 lc [ftg] [hting ] [o] t ###### of f,enc [e ],P [unishabtre ][under ][cl ][aus ][e] (e ) C([om'llt ]d) [of ][s ][s'ec][ao] tlon 5- ###### other [thln ][g] (z ) AnY ovls [lnstru'nent][lons][ of][ section]:jofg amlnncl q [g][ or ]may [in ] [s ][be][anI][uc]h seLzstr[ed'ln ]eet , [tho-][a] ###### wlllc[h ] [uhcl][er ][the ][Pr] ay [be ][se Lz] ed [1r ][fou] of those who [ale ] [arre-] b ettin g bf f-Ie [o ]; [Irl] Lac [e][ or ][on tr:l] [e ][pers ][ons] ###### f ar e [orp] rough s ted [und.e][r ] [sub-][ s ][ec ][tlon][ (t][ ).] ollc e off-lcer ###### (t ) If [the] B. Power [to ] [ent] [er ],J[and ][au] us.e , ['etc ]['] f class ft1 g.L s trat e [of ] [the] Chle f ###### tdlso enter [trJ-pt ][and][mag][ search any ]ist,rate 'magl str ' a[or ]te [.s ][anI]ste[usp][ c.L][ EC]a]'[ted ]1yhe [ho]emtr[thorlze ][Dil][o1ller]strlctee by[P] SuPer'tti lnt or [end ][on][ent] or C [o'rrmls]any SI[otheq].l [oner](tnc].ud[ lnt] hls [es ][A'][b] ehal S.P) [f ][on ], ['or][c][ t]redlblefter'lnforsucht-mationino ulrY as [he] of Pol[lce] ent [g]rounds r' [a] to he1'1'e VEUhat [enY][ place]do anI [othe] [rS][ ufflci] has T,ea.s [on][nda]he "nay elt,h [er ][him] [s ][e1f] maY [thltik ] [neces's&ry,]ommon [g]ariring -house,r by [vJa"rr] abt, ar-ithor [ise ] [anY] ###### ts US edasqc slsb ant [sub - ][i-nspe ][c-] of [the'] fo1Iowl[ng ][ac][ tSl 'OI ][1. ] aI.Iv bf' of f-l eer. ,t: .t not [b] [elow][ the ][ran][k of ] [as] p o].ice ###### po1ic # e date [ther ][e-] from [th] ' [tor ] [o] [f] ins [.even ][daYs] arI" [b][y ][nlght] (a) er,lt"er; [wttlt] n may [be ][f ][qun][dn]5[ ECCSS]uch [Place ] [i] as'sistat'teg of'l w J-th .s,ucS 6y"'force [r ]-a[r][ h][ bc ][es][ sary, ][i ][anY] he [f ][inds] or bY daf [aflo] per s ons [whom] or no'b i into [ctls][ tody all] y gaming ft ) [taxe] ttto then'ac [tua11] thef [eln ] [lrheth] er th9I.are tsofg aming +,LJ o a1I have[rxoneYs][b ][een] (c) f s elz va1[e ]Ser[a-11 - ]re[lngtru:n][as ][ohab][ en][Ly]the s ulspeFurpo [c'bed]seo [f ] [garTiing] , [whic-r] and [art][ l.cl ][es ][o] ed [to] be [use] d fqr lritend used [or] r are [fou][ira ][the][ ein; ] [art] [d] lace, [rthich][ he ] [shal'L] tfrat [any ][lns ][-] (o) s earc [n][ AII] so [th]e [pers ][ons] hatr umentv8 [s'o][ qnt ]sofgae uhom[er ][e] [d ]uiing he [r ] [llhen][has][ar][ he ]e t concea': [haS][en] rurnent [ Ieaso]ated thto' [t][c][s][ntobe][ ustodY ]he of I [ein][gam][i] and ing ancl [a1][fo][s] [LeLze]und [u][pon ]and [such] o f [theos] cif aI1l.nst ###### sessloP take Pos ' se [ar ][ch-'] Ar.} searc[hes ][un]der [sUb] s of ection s":b- sectlon[(t ][) ][sh] [all ](:) [be] ###### (il with [th]e Pfov [I ][s ][lorls] he code ' nn ac1 [e ][.in ] [acc][ ordance ] [-] f sect [loh ][10][3 ][of t] 1O2 [and ][o] _l- ###### of s ectlon enL [ered ][,unde][r ] [sub ][s ][ectiol] p1 aQ Bis ###### (3) hihen [anY] Bha11 [,] wLth [otrt' ][un]tha[due ]t [delaY]sub [s][ ect-] . after(1.) .bysthe[ubml ]aP [ol.ic ]c [t ]omPl9[a][ 'repor][e][ of][tt] [fil-b ]on tof[dr ][od] [r ][.][ he]the such IstfaPfoceed[P]foceete [wh]inBdlngohaundes s [td]iur{,g etheis tohdlr ctlon [ave ]with[been][to]tne (ts lon 1/arrI [ant ]c [o8n][r][ !f ][tzaTrc][alY ]e [r] ofto anY a [mag][of] f d [ence]lto , duch uhlc[tm.']h [app]maE[ ears]lstr ate t he ler [s ][ori] t' ake and t ake [or ] [s ][erl] c [o$!Il][ltt ] [ec1] ###### ar [re][ st ][ed][ an+ ][the ][4][rticle'se][ La] [ed.] 5/- C on!intie [d-] ----- ###### S'tffi,ii r, ' i'l\.-,.-. tr / ###### \ -: 5 [:-] , Provlded,that !h" pollce ofYlcer may release the persons so arreBtecl on bal-1 .oi on thelr own c ondltl oned to appear before ru"t, ;;;1;trate : ,.i"J"ognizances ###### the po11ce Provlded offlcer shall lu51r,"r., sub'rft that u-."po"i.gfl if n,o perqo-n hls is arrelt"o,proceecllngs t o a magl-';trate wtio lssued -t tirb ,a"r.nt, lf ,;t. I t [r^T1." ][diq?;r"f"ililr:;":t:%".tfl"'ffi:;xr3;t3l;:,;lilffi:;;] ?i [voJ_lc! ][r or ][any ][pollee ][offlcer ] [not ].belor+ the'rarrt of Offi- c er ln cha rge . of a bol lc e statlon oup"rf betng Oufy- - empowered ###### by o ; w&r'rant lssuecl by elther df suer: oificE", ^Ly [by ][day] :l - 11ght, [enter ][and ][s-earch ][with ][s,uch ] [as ][s1;tur" ] may be l:.*s:af{; any pl_ace whlch ts reasonatrLf ,belleveO " a! to 6e useA-. as ['a ]b e'b tlng of f- tc e and s e1z e.. &try $[ppbfis , 'c oupoEs , , egis_ .,"Ifi_qo?Lf [of ][other ][documents ][rouhe ]m6"em and'used, oi altended to be us,ed or reasonably suspgot-ed to.the be used as a reoord or evldence o,r; anyjt*hgtei,;.e*t"fiei up"rr-'i"y" A"iIIrrt game or exerclse. , Q ) Al]- s ear ch es under -s ur' sec tlon [(t ]) shall be ma cle 1n o"c rrordanc e wlth the provasi.onb of. srqb sectlon (:) of s ectlon 1O;2 and of sectlon f bS oi tne C ode ###### (: ) No warrant ,lrqued under sub_.seotlon (r ) sha- 11 be execrrted. after the explry of fronr the date t ###### .thgreof [. ] "bv"n.c1ays l^Jhen any prace is entereci uncler sub sectlon ###### offlcer other than the ar s trlct Su perint encl- he shall lmnedlately aft er the complet ion of , [submlt ]a repr31f, ,thereof to the dlstrlct lll a tstrate or i ft he warrant'das lssued by the Distrlct Sup- c€ r o a o cer. ###### 1O' Presumpt,lon,respectlng instrunents of gamlng f ouncl in places entered.- lr/hen any inptrungnt of ga,:nlp[ ls found in any pl.ace entered unrier,the provislons of thl; Regu_ Latlon -or: about the persons of .any of these who are found thd$3 ['thereln, ] 1t sha1l be prosurb.a untlr [- ]th;'-"oort"r"y [- ] 1s pr9v99, . bhat sueh place 1s used as a comnon gaming-hoLis e and that the persons founcl thereln were there prclbnt 'for the purp.ose of ganrtng, afthough n'o play wa,q actualiy s.een by th; laglstrate [or poIlee offle ][er ]r [. ][or by ][any ][one ]alcllng' 1n ttle E entry. 11, Teniler of parden to accomp].'lce.-(t) ft dhi.lll b e ]awful-'fcrthe maglstrate, Fibefore whost any person is acCu- s ed of' an offence under sectton 3 or-sectlon Lr- or section 5 o n section '5, wlth a vlew to c,btilnlng on the trlal the evici- e nce of t.he person touchlrs aly unl-awful garnlng,or touching a nythlng done wlth refereince tb, or 1n fuFtnelSnce of, any unlawful gamingr or touchtng any act done for lhe purpose oI [preve_ntlng, ][olslructlng or ] [clelaflng ][the entryr.into ] [any] place of an)r magisbrate oi pol1ce brrlcer authoiised to ----- 6 ###### 2,TheprovlsionsofSections3lT,339and any Person [to ] [whom ][a ][par-] 339A [of the ][Code ][tn*fi""ppfy-I" ] don has [been ][tendered unAbr.!;O ]""ttlon [(f ][) ] [as ][they ][apply] to any [pe;so.r-to ][whoil ][u'pttOon ] [bas been tenciered ][under] those Provlslons ' 12. [Magistrale. ] TaI [orcler ][dgttructlon of' ]- [cards'] etc " r apd [forfletuiu";f-t.ti;iu'- ] ' [eLz"a ]under "" [tlre ]thls [collvtctlon][Regula-] of any [person ][for ] [an ][offen(:e;;;'itted ] ,.y [order ][any ]lnstrunents tion, thu'"o.rrictirre [;;;i;1,"ri" ] of gamtng, [s ]?\rga [t3 ] [b;.,aestroyei-hna qo ][may ][also ] [order] any [oth""'u"[rEre ,utiea- t,, ] [be" ][so:-a ][and ][converted ] [lnto ] [mo-] ney, ancl the [proc**i=-iir"r(]of"wf[f' all ] [. ][rnoneys ][selzed ][kq] hrexssldxamdxxe*rextgdx*nts:rx**lr, [!ir-"u1n to be ][f ][orf ][eltecl ][tt>] the Governnrent I [o" ][ifr^frffi^;iir[rt,tion ] [_may ][or ][der ][anv ][of ][s ][uch] articles [ancl ][the ][whole ][or ilny-p."t of ] [tlu"J' ] [moneys ][to ] [be] returned [to the ][person ][app,:ari[[- ] [to ] [hav"e ][been ][severally ] [th--] L"*unto [entltled ] ' fines [inpos ][ed ][under] 1 ###### 3. [Recovery ] [of ] [f ][ines ]["- ] [*i^tl] manner [provided ][iti] thls Regutatio" may be [r""overerl ] [ln ] [the] the Code. magisr,?t. [lLrd::ii":d: ] [Iffi:.'qI'xll?Elf ]"tioloHS;';"3: [;] any [porrron ][of ][aRy ][ii#*ilui"i" ] [r"n""- ][ti,iE ][Regulation ] [to ][b ][e] paidtoanxpgrsonglhohas"o.'t.iuutuairianiwaytothe c onvlction, ###### 15. Poi+er' to i [enand][ security ][for ] [g] [ooci ][behatriorlr] Whenever [a ] [dj-s] [trlct ] [nag][ 1st ][rate ][or ][anY][ magistra] [te c[ the ] [fi-'-] rst class [spec] [1a1ly ] [emp][ owerred ] [in this behalf ][bY][ th.: ] [Chi-e ][I] C onrmj-s [sloner,][ receives][ inllornatlon ][th][at anI ][Per][ s ][on ]['l ][i.1;} ][iri] ###### the local [linl][ ts of hl] [s ] ['l ][trrisdietlon][ earns his liveJ.ihood,] ho or ln art by unl erwf ul [g] [aning ][or][ AAV ][Pror{oting]'fre may ono u a o r asslting n the Promo tt:e [in{'or',-r-] ###### deal wtth [s ][uch ][P] [ers ][on ][as][ nearlY][ as ] [IIIaY b] at ion [recelved ] [ab] [out ][him ][were ][c] [f the ] [des][ cri ptiorr ] ['oentioned] in sec tlon [110 ][of][ the ][C ][odr: ][and][ for the ][P] [urpose ][of ] [any ][Pro-] c e edlng [under ][tha] [t ] [sectlon ][the][ fact tnat ][a ][P] [ers ][on ][earns] ###### hls f I lvelhood [&][s ][af'sr"esald ] [m] [ay ][be ][Provecl ][bY][ cvlrlence ][of] g eneral repute [or][ otherwis ] [e ][.] RA.IENIIIA [FRASAD,] ###### Presiilent ' a ###### K.V. SUNDffiN, India. Secretary [to the ] [GovcrnPent ][of] Var ad4n ###### f-7-rza -----

11-Jul-1966

1

The andaman and nicobar islands regulation of traffic and preservation in order in public places regulation 1966

https://www.indiacode.nic.in/bitstream/123456789/18995/1/n_a%26n_i_regulation_of_traffic_and_preservation_of_order_in_public_places_regulation_1966.pdf

Andaman and Nicobar Islands

###### ~ ~o W\'o 221 REGISTERED No, Our # 911~d ~,IJlqil ##### C£he <Sozette of ~rtdto ###### EXTRAORDINARY ~~l PART IT-Section 1 ###### ~~~ PUBLISHED BY AUTHORITY ====-- ~o 22] iff ~~), l!!iflfT\, ~if 8, 1966/~~ 18, 1888 (~~) No. u] NBW Om-HI, WEDNESDAY, JUNE 8, x966/JYAISTHA J'8, 1888 (Saka) :----c==""' _'; -.=. ###### t~ lfT'T i flt~ '{'S5 ~~tlT it iffi'~ ~ m~ flfi ~ ~ ~1I'i~ ri .q- ~ ~ ~ ri I Separate partna I, ,iven to thll Part In order that it may be aled at • separate compilation. MINISTRY OF LAW (Legielatlve Department) ###### New Delhi} the ~th June. 1M~/ Jyaistha 1e, IBM ("aka~ THE ANDAMAN AND NICOBAR ISLANDS (REGULATION OF TRAFFIC AND PRESERV A- TION OF ORDER IN PUBLIC PLACES) REGULATION,1966 No. ] OF I966 Promulgated by the President in the Seventeenth Year of the Republic of India. A Regulation to provide for the regulation of traffic and the preservation of order in public places and for matters connected therewith in the Union territory of the Andaman and Nicobar Islands. In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him:- 1. (1) This Regulation may be called the Andarnan and Nicobar Shor t tltl", ###### Islands (Regulation of Trafflc and, Preservation of Order in Public extent Places) Regulation 1006. and com .• , rnence- m~nt ###### gIS) %al G of 1 Ex~1. ----- THE GAZEITE OF INDIA EXTRAORDINARY" **[PAft** **_II_** (2) It extends to the whole of the Union territory of the Andarnan and Nicobar Islands. (3) It shall come into force in the Port Blair municinal area at ones and in any other area on such date as the Chief Commissioner may, by notification in the Official Gazette, specify in respect 01 ttaat area. Det\n1- 2. In this Regulation, unless the context otherwise requires,- tioru. _(a)_ "cattle" includes elephants, camels, horses, asses, mules, sheep goats and swine; (b) "Chief Commissioner" means the Chief Commissioner of the Andsman and Nicobar Islands; (c) "Official Gazette" means the Andaman and Nlcobar Gazette; (d) "place" means any area whether open or enclosed and includes a building, a tent, a booth or other erection, whether permanent or temporary; _(e)_ "place of public amusement" means' arty place where music, singing, dancing, or any diversion or game, or the means of carrying on the same, is provided and to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes ###### a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall ; (f) "place of public entertainment" means any place W which the public are admitted, and where any kind or food or drink is supplied for consumption on the premises by any person owning, or having an interest in, or managing, such place and includes a refreshment room, eating-house, coffee-house, liquor- house, boarding-house, lodging-house, hotel, tavern, or wine, beer, spirit, arrack, toddy, ganja, bhang or opium shop or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop; _(g)_ "public place') includes the precincts 0:1: every public building or monument, and all places accessible to the public 'for drawing water, washing or bathing or for the purpose of re- creation; ----- T1tE CAZm1':E: OF INDIA li:XTRAORDINARY _(h)_ "street" includes any highway, bridge, way over a causa. way, viaduct, arch or any road. lane. footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not; _(i)_ "vehicle" means any carriage, cart, van, dray, truck, ###### hand cart or other conveyance of any description and Includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane. ###### 3. (1) The District Magistrate may make rules,- PoWetta· make _(a)_ with a view to preventing danger, obstruction Or 1ncon- ruI.e. - . veriience to the public, for regulating traffic of all kinds in streets ~~~ and public places, and the use of streets and public places by preultlf- f va ea e persons- .rderm pubUc _(i)_ riding, driving, cycling or walking; or place, etc. _(ii)_ leading or accompanying cattle; (b) for regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (c) for prescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; _(d)._ for licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or injury that may be caused to the residents Or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms or other instruments, the blowing or sounding of horns or other noisy instruments and the use of 50W1d amplifiers in or near streets or public places; _(e)_ for regulating the conduct, behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which, the order in which and the times at which, the same may pass : (f) (i) for licensing or otherwise controlling places of public amusement or entertatnment : (ii) for prohibiting the keeping of places of public amusement or entertainment or asaembly, in order to prevent obstruction. inconvenlenee, annoyance, risk, danger or injury to the resident. ###### or passengers in the vicinity; ----- 'I'H£ GAZE'ITE OF INDIA EXTRAORDINARY [PA:RT u ###### (iii) for regulating the means of entrance and exit at places of. pubUc amusement or entertainment or assembly, and providing ###### [or the maintenance of public safety and the prevention of. dis- turbance thereat ; _(g)_ for prescribing the procedure for making an application ###### fM the grant of a licence or permission required under this Regu- lation ·and .ths levy of fees therefor: Provided that nothing in this section and no licence granted ###### under any rule made thereunder shall in any way affect the provisions .( of ot the Explosives Act, 1884, or of the Arms Act, 1959, or of any rules ~SS;i made under them, or the liability of any person thereunder: 19159. ###### Provided further that any action taken under the rules made under this section or the grant of a Iiccnce made under such rules shall be ###### subject to the control and supervision of the ChJef Commissioner: Provided also that the power to make rules under this sub- section except under clauses _(a)_ and _(b)_ thereof shall be subject to ###### the previous sanction of the Chief Commissioner. (2) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication, and every rule made under this section shall be published in the Official Gazette and in the locality affected thereby by affixing copies ###### jhereof in conspicuous places pear to the bull ding, structure, work or place as the' case may be, to which the same specially relates, or by 'proclaiming the same by the beating of drum or by advertising the saIfle in such local newspapers in English, or in the local language, ###### as the District Magistrate may deem fit or b" any two or more ot tness .or anv other means he may think suitable: ###### Provided that any such rules may be made without previous .publication, if the District Magistrate is satisfied that circumstances ###### exist which render it necessary that such rules should be brought into force at once. (3) Notwithstanding anything hereinbefore contained In this section or which may be contained in Bny rules made thereunder. it shall always be lawful for the competent authority under the said ###### rules to refuse a licence for, or to prohibit the keeping of any place of public amusemenr or ~ntertajnment \:Iy a, pers9n of notoriously bad ###### char..acter. ----- ###### --- SEC. 1] ---~-_-THE GAZETTo=-...E := OF .=INDIA =====~_====EXTRAORDlNARY 219 - (4) It shall be the duty of all persons concerned to conform to any rule duly made as aforesaid so long as the same shall be in operation. 4. Whoever- Penalty ###### for con- _(a)_ coritr averie-, any wle made under section 3 Or any of the ~~en.lng conditions of a licence issu '2J under such rule, or under sec- ###### tion ~. _(b)_ abets such contravention, shall, on conviction, _be_ punish~d- (i) in the case of cont r nve r.tion or abetment of contravention of any rule made under clauso _(c)_ of sub-section (1) of section 3, with imprisonment for a .errn which may extend to eight days, or with fine which may extend to fifty rupees, or with both; (ii) in the case of conn avenIon or abetment of contravention of any rule made under clt use _(d)_ or clause _(e)_ of sub-section (1) of section 3, with fine whit h rna { extend to two hundred rupees; _(iii)_ in the case of contravention or abetment of contraven- tion of any rule made under clause _(a)_ of sub-section (1) of section 3, if, and in so far as. such rule prohibits the sale or exposure for sale of any goods on any street Or portion thereof SI) as to cause obstruction to traffic or inconvenience to the public- _(a)_ for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both, and (b) for a subsequent offence, with imprisonment for a term which may extend to six months and with fine which ###### may extend to five hundred rupees; and _(iv)_ in the case _of_ contravention 01' abetment of contraven- tion of any rule made under any other clause of sub-section (1) of ###### section 3, with fine which may extend to fifty rupees. 5. Notwithstanding anything contained in the Code of Criminal Offences Procedure. 181)8, an offence urider this Regulation shall be. cognizable, to be COi· 5 of 189B, bailable and triable by a magistrate of the second class. ~f~~r~ and tri- able by second cl.ss magls, trate. 231 G on Ex.-2 ----- .220 THE GAZETTE. OF INDIA EXTRAORDINARY [PART lI-S!:c. 1) - _. - - -==-=~========== Prosecu- G. Nothing in this Regulation shall be construed to prevent any tion of offences person from being prosecuted and punished under any other law under for any act made punishable by this Regulation or from bemg pro- other laws not sL'Cutea and punished under this Regulation for any act made punish- affected. able under any other law, provided that all such cases shall be £'1 bject to the provisions of section 403 of the Code of Criminal 5 of 1898. ###### Procedure, 1898. Protection 7. No suit, prosecution or other legal proceeding shall lie against of action taken in the Chief Commissioner or any officer or authority of the Union f,ood faith. territory of the Andaman and Nicobar Islands for anything which IS in good faith done or intended to be done in pursuance of this Regulation Or anv rule made thereunder. S. RADHAKRISHNAN, ###### President. S. P. SEN-VARMA, _Secy._ to the _Gavt._ flJ _Indil[_ _._ . _------ - ----- -- ---------_.---_._---- PIUNTEll IN INDIA BY THE GE:\ERAL MANAGER, GO\'ER."lMENT OF INDI/\ PRESS, MINTO ROAD. NEW DELHI J\ND PUBLISHED l1y TIlE MA~/\CER OF PURLICAtIONS, lltr,LHI. IPtiti. -----

30-Dec-1964

5

The andaman and nicobar islands home guards regulation 1964

https://www.indiacode.nic.in/bitstream/123456789/18985/1/andaman_and_nicobar_islands_home_gaurds_regulation_1964.pdf

Andaman and Nicobar Islands

~ " _ THE ANDAMAN AND NICOBAR ISLANDS , . ~ ... HOME GUARDS REGULATION, 1964 -; lot -, ###### No. 5 OF 19,64 Pimnulgated by the President in the Fifteenth Year of the Republic of India. A R.egUlation to provide a volunteer organisation for use -,..,in emergencies and for other purposes in the Union . territory of Andaman and Nicobar Islands. ###### In e1!ueise of the powers conferred by clause (1) of article 240 of the Constitutio», the President is pleased to promulgate the fo1lowi1lg Regulat1bn made by him :- ###### l_._(J) TlW! Regulation may be called the Andaman;rod Nicobar ##### = ~ .",--:- .. 1~ Home Guards Regulation, 1964. - '. ~ .. " ``` - ~t. • ``` ~2) It exteads to the whole of the Union territory of Andaman ~ . . - md ~ieobax lsW:tds. ###### ;t1 '{3> It shall come into force in such areas on such date as the lChief ~ Commissioner may, by notification in the Official Gazette, {aPPoint and different dates may be appointed for mfIerent areas._ ###### . . - 2. In this Regu1a:&n, unless the context otherwise requires,- DefinW:008. _(a.)_ I'Chlef Commissioner" means the Chief Commissioner of .Andamaa and Nieobar Islands; (h) "Islands" means the Andaman and Nieobar Islands; ###### (c) "Offieta! Gazette" means the Andaman and Nicobar .-- ###### Gaootte; (d) "prescribed" means prescribed by rules made under this ###### Regulation. s. (1) ~:.. ~.9!'2!PiS8~0E-~f~~onsti~t~ for ~£h of th~~,)' areas notified under sub-section (3) of section 1, a volunteer body ~ 804, called the Home Guud'S, the members of whim shall exercise such ~meo.t powers and perform such duties in relation to the protection of dan~- " ###### ~n8, the security -of properly and the public safety as may be =~:" _g;a.ed -tc tfte.m in aecordance with the provisions of·1his Regti]ation _. attd'the rules made thereunder. - . ###### .•.. ----- ~UJ. **C(1\..l.J.** **_\.1'L_** **Lo.,l.l.\:;** **..•.** **.L_** **.•. .I..I.** **•••..•••...•** ~u..£. ...,_~ _ (3) The Chief Comnassioaer shall also appoint a ~a.JIldant ,Df the Home Guards .in wfwm ,slmll vest .1he ~eral s'tl.peivi,sion and _•. i_ _. .control_ of the Home Guards in the Islands. ###### ~t 4. (1) Subject to the approval of the Commandant, the lI\rea mbers. Commandant may appoint as members oi the H0.IDe Gua!t' 'lfOO' saM! - **-** '", -- . area such number of perseas, who are fit and willing to serve, as _ ~ay from time to time be determined by the Chief Commissioner .i2!t respect of each. stteh area and may appoint any such m.emfrer to any oftice of eommand in the Home Guards. (2) N otwithstanding anything contained in sub-section (1), the ###### Commandant may appoint any such member to.any -pQst under his immediate --_-.......,..., eoatr. ol, / U (3) Every member of the Home Guards shall recerve a certifica.te wbieh shall be in &U.eh for~ aad shall be issued by iJU(lh .alltJ~(u·ity as may be presCribed. '. . ~ ###### -'~ (4) Every member of the Home Guards ahall i~eeive .such 11 training during such hours and for such period as ~1~.P)."es~~ lj including training in- . -... . «(1) palice duties like eontrol o.f tra6ic and ore-was; - . _(b)_ rescue operations, first-aid and ftre figbti.Qg; ###### "t( V (c) map reading, fieldcraft, wireless oper~tioo a.wluse of fire- arms. " I ###### ! :riod of ./ 5. (1) A member of the Home eluards shall be required to serve , f rvit.e and the Govemm6llt fer such period as may be 1>l'es6i:bed but any such _-Y- .•.._ ~ t wember may be discharged from .the Home G~ :a1 allY' time by such authority on such grounds and subject to such cOll:dktLOllfS as ;~ ###### may be - prescribed: . Provided that it shall not be necessary for "Such' .ty to n disclose the grounds if such authority considers .that su~ disclosure ~ wm be against the public interest, .. I- ###### l)_:f (2) An order of discharge UD.rl.er. "Snb~seclirl:mi . V,) shlill:1b~ :mal. ., .• ~ Area C~:gdant may, by.~uer, at·WlY .timeltZaij,·Qut- ~ ;.. ###### ~~~ mknber el the Home Guards fen; traoong or fur ..exenei . ·the . t uarda. powers and discharging the duties, whe~e.r within or .aut:sid.e ----- . . l _J.l),_ .A member of the Home Guards, when called out by an ~~ ###### ~~:Wl~ s.ectio:o. 6, •.. all have the same powers, privileges jaad ~ ~ec- ~ ~.~e.c1i.oJJ. .~ aa ~ of :police appointed under any law for the.~ tko.e being in fol'~e.. Guar~ .. _.; ~~ Ne ~~ Shall be instituted ag-ainst the member of ###### the: H"Ome Gumds in . respect of anything done or purported to be J done bY'him in the exereise of his powers or thte discharge of bfs dnhres. as· sach. member except with the previous sanctton of the C.o.rtI.Bl.'al.ld:.allt. ###### ., »: 8.' A member of the Home Guards, when called out by an order ~trol ~Y -. /" under se~tion 6, in aid of the police force, shall be uruiel' $e 0OOtTol poliC;ell~ . . oJ. .th.e officers of police force in such manner and to such extent as \ . ###### may be" '·l'es6:fhed. "" ~ _9t_ '{1} oF! sh:1tB be the duty of every employer by whom a person Reinstate- - .•... . "~e:ui"'b>y an oroer' under sectren 6 is employed to grant him ~ilt ~~ploy I I ~ . ###### eh t~ <1,9 m:ay: be' necessary and to reinstate him in his employ",:' ::;~r~ meDt'en- tae-:Jte:mti:nation of the period during which he has been so under see- ~ -out. in aD occlifJativ.n and 1lnder conditions not less favourabM.non 6. ###### t~.rum than t.hose- 'Which would have been applicable to him had he not been 00 called out: ###### Provided that' if the employer refuses to reinstate such person or'~S"':trts 'tiabItity to reinstate such person or if fo-r any reason th'e" ·re.i:!tlstatement" of such person is represented by the employer to be tm:pra~tieabl'e, either party may reter the matter to the prescribed ::rt:Ithe and that authority shall, after considering m matters ###### ifflc?II:a:y be put hefore it and after making such further inquiry :L:xto thwatter as may be prescribedl..pass an order- __....;_ _(0)_ ~pUng the empl<>yer from the provisions _dt_ this ###### ~D;, OJ' (b) requiring him to re-employ such person on sueh terms as that autJromy think'S suitable, or _(c)_ requiring him to pay to sueh person by wa.y of compen- sation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which f I , ###### his Iastrermmeration was payable' to him by the- employer. - ~.,,/ --""" . :."f .. ----- **_\&.1/_** **LAo** **_Q.J..J.J_** **t::.1LL'pJ..V:J** **_\:"L_** **_..._~_** **\,o'V** **••.• v~** ..••.•. t""i'".J , •.•.••. ,.. ..•..•.•..•. ...._ •....•.... - -- _-- __ ~. __ . __ _(b)_ or clause _(c)_ of the proviso to sub-section (1), he shall-be ptU.lls.h~ able with fine which may extend to one thousand rupees, and the ###### . . court by which the employer is convicted under this section shall order him (if he has not already been so required by the' said ###### authority) to pay to the person whom he has failed to re-employ a sum equal to six months' remuneration at the rate at which his last OJ remuneration was payable to him by the employer, and any amoun1. **........ .- "-..... ,** ###### - .. - so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. (3) In any proceeding under this section it shall be a ~efence fop ###### the employer to prove that the person formerly empl~ did not apply to the employer for reinstatement within a pertod of two months from the termination of the period during whieh hewas ealled out by an order under section 6. (4) The duty imposed by sub-section (1) upon the employer to grant leave to such person as is referred to in that sub-section or fo ###### reinstate him in his employment shall attach to the employer who, before such person is actually called out by an order under section. ~, terminates his employment in such circumstances as to indicate- an intention to evade the duty. imposed by that sub-section, and sueb. Intention shall be presumed 1ll'l±U the contrary is proved if the t~ nation takes place after the issue of an order relating to that pers:®n ###### under section 6. **10.** When any person called out by an order under section 6 has certain ###### any' rights under any provident fund or superannuation fund or other ghts of rrsons cal- scheme for the benefit of employees maintained in connection wit_h i out ider the employment he relinquishes, he shall continue during t!te period etion 6. for which he has been so called out and if he is reinstate~ount:it such reinstatement under the provisions of this Regulation, 'to have in respect of such ~or scheme such tights as _w;x;._ be p-re$b-ihe!. Iyand . **11.** (1) -Every member of the Home Guards shall, during the QWIllCU period of training-or service in the Home Guards, receive from the . Government such allowances as may be prescribed . ###### . - (2) W,pere any such member was in any employment imme- diately before he is called out for training or service by an order under section 6, the employer shall be liable to pay to him the pay and allowances as if such member had not been so called out. ' (3) - If any employer refuses or fails to pay any such member the ###### pay and allowances as provided in sUb-sefion (2), such pay and ". :--. - ~ ----- 0Iii:' '1.2. (1)' Every person who for any reason ceases to be a member Sf~:~~er . 0 ~'uucate, of the Home Guards shall forthwith deliver to the Area Commandant arms, etc. ###### ot tG such person and at such place as the Area Commandant may .~t his certificate o! appointment," arms, accoutrements, -clothing ###### and other.articles supplied to him as a member of the Horne Guards. (;3) The Area Ccmmandant or such other person receiving under ###### sub-section (1) any certificate of appointment, arms, accoutrements, clothing and other articles, shall give a. receipt for the same to the ###### person delivering such certificate, .arms, accoutrements, clothing and other articles. (3) AAy magistrate, and for special reasons which shall be record- ###### ed in writing at the time, any police officer not below the rank of an Assistant ~uperintendent of Police, may issue a warT~t to searc~ fur . and seize, wherever they may be found, any certificate, arms, :.. ###### / accoutrements, clothing or other articles not so delivered up. Every warrant so issued shall be executed in accordance with the provisions 1898. of the Code of Crimizal Procedure, 1898. by a police officer QI' if the ###### magistrate or the police officer issuing the warrant so directs,·by any other person .•. #### .: (4) Nothing in thi.s. section shall be deemed to apply to any ###### article which under the orders of the Commandant has become the property of the person to whom the same was furnished. 13. (1) The Area Commandant may; by order in writing, suspend Suspension ' cr remove from the Home Guarda any member of the 'Home Guards or removal, _ ###### under his control,- / _._ _~~_ _~I~(a)_ who on being called out bY. an order under section 6, \" ~thout reasonable cause neglects or refuses- ~ ###### ., _(i)_ to obey such order, or _(ii)_ to exercise the powers and discharge the duties as a ###### member of the Home Guards, or _(iii)_ to obey any lawful order or direction given to him -. ###### a member of the Home Guards; Of, . (b) who is guilt! of any breach of discipline Or of any misconduct. --- _ •. ----- ~Lo ~. ~~Cl"'T""'IIi:O "'L<L~ ~ - •• -- - ..•. ---- ..••••• J **_--_** **---J.---** **..•.** mem))e:r-'of the Home Gu~ appoiAted to a post under his ·:ilnll't~dIi*e ###### control and may also dismiss any member ef the Hom-e- Gum-ds on the ground of conduct which has led to his conviction on a. criminal charge. ###### (2) N"O 1)l'oer ~!iier sub-seetion (1) shall be passed unless the lIt :bel' of the Home GuaJ!'\ds affee.ted by sUC1h ()rder is giVeLt an 'QpJlQftuniiy to be' hsard in his aefence: Pr~ded that this sub-seetion shall net apply where a member of the 'Home Gttal"cl.s is d'i:smissed on the ground of eon dud- whieh ###### has ·le!.l to 1ris {!onvietion on a criminal cha~e. / (3) The suspension or removal of a member of the .Home Guards ./ nude! this sectio~ shall be in ad~ition to any penalty to w?ich s~ch member may be liable under section 14 or any other law for the time being in force . . s. H. (I) If any member of the Home Guards, on being cal:'l'e-d out by an order under section 6, without reasonable cause neglects or 'refuses- ###### ,\. /- :: : :~;C:':h::~:~S and discharge the duties as a ;, .\ ~ member of the Heme Guanis, or \ , _(c)_ to obey any lawful order or direction given to him as a .; member of the Home Guards, ###### . ali, 00. amviction.' be pu.nishabl-e- with simple ·lmprisonmelll.t for fi a tarm whieh may e:x:te.nd to wee months, or with fine whiea may extend to two hundred and fifty rupees, or with both. (4! If -any member af the Home 'Guards wilfully neglects or refuses to deliver up his certificate of appointment or ~y other article in accordance with the provisions of sub-section (1) of / section 12, he shall, on conviction, be punishable with imprisonment wbicb.--mc(y extend to ene IDo.nth, or with fine which may extend to one hundred rupees, or with both . _..J_ {3) lie p:ro-ceeding shall be lnstituted under sub-section (1) or sub-section (2) without the previous Sanction of the Commandant. ###### I _ C~) A ~cre ·oamcal' may arrest without warrant any person who J commits an offence punishable under this section. _< ----.... **_ ..•. -** **-** ----- . ~ revision. ! - of the A!n€a Commandant may appeal a~st such order to the I ~ I Commandant and any member aggrieved by an order of the Com- \ ###### mandaar, (aot he~ an order passed in appeal) may appeal against • such order to the Chi€f Cemrnission within dililrly days of the elate ###### on which he was served with notice of sach order. The Commaadant / .1 or the Chief Commissioner, as the case may' be, may pass such order as.he tlMnk:dit.aonUnning. modifying or amg,Hi;n~ lhe order appealed :J against. , _<;_ (2) The Chief Commissioner may of hi own motion or on r I applkati:on call for and examine the record, of any order passed- by I' ###### ./ , the A:r,ea Commandant or a Commandant and revise, after such ~ inquiry as he may deem necessary, any such order: I ###### Provided that no. order prejudicial to a .person shall be passed under this. sub-section without giving him a reasonable opportunity " i of befng heard : I " ; ###### Provi~ fUllther that the. Chief Comanssicaer &hall 'Rot issue .l any order under this sub-section in any- case- ." " _(a)_ where an appeal against the order lies and the time ~f within whic.h. such appeal can be made has not expired or the. ?! person has not waived his right to appeal; ~ ': ':'II .! ###### (b) where the order is the subject of an appeal; _(c)_ where the application is made by an aggrieved person for such revision, unless the application is made within ninety , days from the date on which 1:tte order was served on the l· ###### applicant. )..6'.: .(1-). The Chief Commissioner may make ruJes to carry out Power to ###### an' ~ ~-'y::81 '&e :p\lnpos.es of this Regulation. - make rules. ,(4) In ~ 'cular and. without prejudice to the generality of the ###### / foregoing po er, such rules may provide for or regulate the following r- 'matters, narrte-J,:- ###### t (d) all matters expressly required or allowed by this r '" ~ Regulation to be prescribed; . ; '. . _(b)_ the organisation, qualifications, appointment, discipline. t.-J ###### training, arms, accoutrements, clothing, conditio-ns of service, I l powers and duties of the Home Guards; 1 _,·t p__ (c) the exercise by any officer of the Home Guards o~ the ###### powers conferred by section 6 on the Area Commandant and the t~ Commandant: . ' ...., . ###### .. - # i ###### "'- 1 .. 'I .. ###### •• -' ----- . ('o~~~ ~~em.ber~-~f-;he H~;'G~~ds acting in aid of the police'. - ~ .. ~ ~ .. ###### /" force; :. ~... . .•.•. .\:~ ~ . (e) the eonstitution of the authority for the purpose of : ;' section 9 and. the manner in which such authority may conduct "- any inquiry u.nder "this Regulation. J)) All rules made under this Regulation shall be pub&hed ill . the Official Gazette. - . - .. &.-, .. <,.,:! •••• ~.-~-'l :'1: 17. Members of the Home Guards. acting under this Regulati<>n .. -": **, •..** _, , ###### shill be deemed to be public servanta.grithjn the meaning of secticn ,il. "",:.~. '0; to of the Indian Penal Code. 45 of 1860. lc ###### ... 18. Notwithstanding anything to the contrary contained in any ###### •.... other law for the time being in force, a member of the Home d~~ shan not- be disqualified for being chosen and for being a mmnber of any local ci\1thority merely by reason of the fact that he is R member of theHome Guards. ###### • S. RADHAKRISHNAN, President. R. C. S. SAitk:AR, ###### S~wy. to the ~. ~f '[ndia.. _ ..... , , , . . . . ~ , ~ ~ ~ 1(. g, WhaW=:i U. sf La •• (f04:>=I5~i'60+ . ~ , ###### . ' . . ~. ~-- - -~. -----

26-Mar-2016

17

The real estate (regulation and development) act, 2016

https://www.indiacode.nic.in/bitstream/123456789/19012/1/reraact.pdf

Andaman and Nicobar Islands

## jftLVªh lañ Mhñ,yñ—(,u)04@0007@2003—16 **REGISTERED NO. DL—(N)04/0007/2003—16** # vlk/kkj.k **EXTRAORDINARY** # Hkkx II — [k.M 1 **PART II — Section 1** # izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 17] ubZ fnYyh] 'kfuokj] ekpZ 26] 2016@pS= 6] 1938 ¼'kd½ **No. 17]** **NEW DELHI, SATURDAY, MARCH 26, 2016/CHAITRA 6, 1938 (SAKA)** # bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA **Separate paging is given to this Part in order that it may be filed as a separate compilation.** # MINISTRY OF LAW AND JUSTICE **(Legislative Department)** _New Delhi, the 26th March, 2016/Chaitra 6, 1938 (Saka)_ The following Act of Parliament received the assent of the President on the 25th March, 2016, and is hereby published for general information:— # THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.] # An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. (1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.** (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Short title, extent and commencement. ----- Definitions. Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. In this Act, unless the context otherwise requires,—** (a) "adjudicating officer" means the adjudicating officer appointed under sub-section (1) of section 71; (b) "advertisement" means any document described or issued as advertisement through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes; (c) "agreement for sale" means an agreement entered into between the promoter and the allottee; (d) "allottee" in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent; (e) "apartment" whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified; (f) "Appellate Tribunal " means the Real Estate Appellate Tribunal established under section 43; (g) "appropriate Government" means in respect of matters relating to,— (i) the Union territory without Legislature, the Central Government; (ii) the Union territory of Puducherry, the Union territory Government; (iii) the Union territory of Delhi, the Central Ministry of Urban Development; (iv) the State, the State Government; (h) "architect" means a person registered as an architect under the provisions of the Architects Act, 1972; (i) "Authority" means the Real Estate Regulatory Authority established under sub-section (1) of section 20; (j) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, commercial or for the purpose of any business, occupation, profession or trade, or for any other related purposes; (k) "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. _Explanation.— For the purpose of this clause, the expression "exclusive balcony_ or verandah area" means the area of the balcony or verandah, as the case may be, 20 of 1972. ----- 18 of 2013. which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; (l) "Chairperson" means the Chairperson of the Real Estate Regulatory Authority appointed under section 21; (m) "commencement certificate" means the commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan; (n) "common areas" mean— (i) the entire land for the real estate project or where the project is developed in phases and registration under this Act is sought for a phase, the entire land for that phase; (ii) the stair cases, lifts, staircase and lift lobbies, fir escapes, and common entrances and exits of buildings; (iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces; (iv) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel; (v) installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy; (vi) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use; (vii) all community and commercial facilities as provided in the real estate project; (viii) all other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use; (o) "company" means a company incorporated and registered under the Companies Act, 2013 and includes,— (i) a corporation established by or under any Central Act or State Act; (ii) a development authority or any public authority established by the Government in this behalf under any law for the time being in force; (p) "competent authority" means the local authority or any authority created or established under any law for the time being in force by the appropriate Government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property; (q) "completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws; (r) "day" means the working day, in the concerned State or Union territory, as the case may be, notified by the appropriate Government from time to time; ----- (s) "development" with its grammatical variations and cognate expressions, means carrying out the development of immovable property, engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes re-development; (t) "development works" means the external development works and internal development works on immovable property; (u) "engineer" means a person who possesses a bachelor's degree or equivalent from an institution recognised by the All India Council of Technical Education or any University or any institution recognised under a law or is registered as an engineer under any law for the time being in force; (v) "estimated cost of real estate project" means the total cost involved in developing the real estate project and includes the land cost, taxes, cess, development and other charges; (w) "external development works" includes roads and road systems landscaping, water supply, seweage and drainage systems, electricity suply transformer, sub-station, solid waste management and disposal or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws; (x) "family" includes husband, wife, minor son and unmarried daughter wholly dependent on a person; (y) "garage" means a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas; (z) "immovable property" includes land, buildings, rights of ways, lights or any other benefit arising out of land and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, standing crops or grass; (za) "interest" means the rates of interest payable by the promoter or the allottee, as the case may be. _Explanation.—For the purpose of this clause—_ (i) the rate of interest chargeable from the allottee by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default; (ii) the interest payable by the promoter to the allottee shall be from the date the promoter received the amount or any part thereof till the date the amount or part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment to the promoter till the date it is paid; (zb) "internal development works" means roads, footpaths, water supply, sewers, drains, parks, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, solid waste management and disposal, water conservation, energy management, fire protection and fire safety requirements, social infrastructure such as educational health and other public amenities or any other work in a project for its benefit, as per sanctioned plans; (zc) "local authority" means the Municipal Corporation or Municipality or Panchayats or any other Local Body constituted under any law for the time being in force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdication; ----- 9 of 1932. 6 of 2009. (zd) "Member" means the member of the Real Estate Regulatory Authority appointed under section 21 and includes the Chaiperson; (ze) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (zf) "occupancy certificate" means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity; (zg) "Person" includes,— (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm under the Indian Partnership Act, 1932 or the Limited Liability Partnership Act, 2008, as the case may be; (v) a competent authority; (vi) an association of persons or a body of individuals whether incorporated or not; (vii) a co-operative society registered under any law relating to co-operative societies; (viii) any such other entity as the appropriate Government may, by notification, specify in this behalf; (zh) "planning area" means a planning area or a development area or a local planning area or a regional development plan area, by whatever name called, or any other area specified as such by the appropriate Government or any competent authority and includes any area designated by the appropriate Government or the competent authority to be a planning area for future planned development, under the law relating to Town and Country Planning for the time being in force and as revised from time to time; (zi) "prescribed" means prescribed by rules made under this Act; (zj) "project" means the real estate project as defined in cluase (zn); (zk) "promoter" means,— (i) a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees; or (ii) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon; or (iii) any development authority or any other public body in respect of allottees of— (a) buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the Government; or ----- (b) plots owned by such authority or body or placed at their disposal by the Government, for the purpose of selling all or some of the apartments or plots; or (iv) an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buildings; or (v) any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or (vi) such other person who constructs any building or apartment for sale to the general public. _Explanation.—For the purposes of this clause, where the person who_ constructs or converts a building into apartments or develops a plot for sale and the persons who sells apartments or plots are different persons, both of them shall be deemed to be the promoters and shall be jointly liable as such for the functions and responsibilities specified, under this Act or the rules and regulations made thereunder; (zl) "prospectus" means any document described or issued as a prospectus or any notice, circular, or other document offering for sale or any real estate project or inviting any person to make advances or deposits for such purposes; (zm) "real estate agent" means any person, who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes property dealers, brokers, middlemen by whatever name called; (zn) "real estate project" means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartment, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights and appurtenances belonging thereto; (zo) "regulations" means the regulations made by the Authority under this Act; (zp) "rule" means the rules made under this Act by the appropriate Government; (zq) "sanctioned plan" means the site plan, building plan, service plan, parking and circulation plan, landscape plan, layout plan, zoning plan and such other plan and includes structural designs, if applicable, permissions such as environment permission and such other permissions, which are approved by the competent authority prior to start of a real estate project; (zr) words and expressions used herein but not defined in this Act and defined in any law for the time being in force or in the municipal laws or such other relevant laws of the appropriate Government shall have the same meanings respectively assigned to them in those laws. ----- CHAPTER II REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS **3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons** to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act: Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration. (2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required— (a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases: Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act; (b) where the promoter has received completion certificate for a real estate project prior to commencement of this Act; (c) for the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project. _Explanation.—For the purpose of this section, where the real estate project is to_ be developed in phases, every such phase shall be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase separately. **4. (1) Every promoter shall make an application to the Authority for registration of the** real estate project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the Authority. _(2) The promoter shall enclose the following documents along with the application_ referred to in sub-section (1), namely:— _(a) a brief details of his enterprise including its name, registered address, type of_ enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter; _(b) a brief detail of the projects launched by him, in the past five years, whether_ already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending; Prior registration of real estate project with Real Estate Regulatory Authority. Application for registration of real estate projects. ----- _(c) an authenticated copy of the approvals and commencement certificate from_ the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement certificate from the competent authority for each of such phases; _(d) the sanctioned plan, layout plan and specifications of the proposed project_ or the phase thereof, and the whole project as sanctioned by the competent authority; _(e) the plan of development works to be executed in the proposed project and_ the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy; _(f) the location details of the project, with clear demarcation of land dedicated for_ the project along with its boundaries including the latitude and longitude of the end points of the project; _(g) proforma of the allotment letter, agreement for sale, and the conveyance deed_ proposed to be signed with the allottees; _(h) the number, type and the carpet area of apartments for sale in the project_ along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas apartment with the apartment, if any; _(i) the number and areas of garage for sale in the project;_ _(j) the names and addresses of his real estate agents, if any, for the proposed_ project; _(k) the names and addresses of the contractors, architect, structural engineer, if_ any and other persons concerned with the development of the proposed project; _(l) a declaration, supported by an affidavit, which shall be signed by the promoter_ or any person authorised by the promoter, stating:— _(A) that he has a legal title to the land on which the development is proposed_ along with legally valid documents with authentication of such title, if such land is owned by another person; _(B)_ that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details; _(C) the time period within which he undertakes to complete the project or_ phase thereof, as the case may be; _(D) that seventy per cent. of the amounts realised for the real estate project_ from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose: Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project: Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project: Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such ----- 2 of 1934. chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project. _Explanation.— For the purpose of this clause, the term "schedule bank"_ means a bank included in the Second Schduled to the Reserve Bank of India Act, 1934; (E) that he shall take all the pending approvals on time, from the competent authorities; (F) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and (m) such other information and documents as may be prescribed. (3) The Authority shall operationalise a web based online system for submitting applications for registration of projects within a period of one year from the date of its establishment. **5. (1) On recipt of the application under sub-section (1) of section 4, the Authority** shall within a period of thirty days. (a) grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number, including a Login Id and password to the applicant for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project; or (b) reject the application for reasons to be recorded in writing,if such application does not conform to the provisions of this Act or the rules or regulations made thereunder: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter. (2) If the Authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the project shall be deemed to have been registered, and the Authority shall within a period of seven days of the expiry of the said period of thirty days specified under sub-section (1), provide a registration number and a Login Id and password to the promoter for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project. (3) The registration granted under this section shall be valid for a period declared by the promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be. **6. The registration granted under section 5 may be extended by the Authority on an** application made by the promoter due to force majeure, in such form and on payment of such fee as may be specified by regulations made by the Authority: Provided that the Authority may in reasonable circumstances, without default on the part of the promoter, based on the facts of each case, and for reasons to be recorded in writing, extend the registration granted to a project for such time as it considers necessary, which shall, in aggregate, not exceed a period of one year: Provided further that no application for extension of registration shall be rejected unless the applicant has been given an opportunity of being heard in the matter. _Explanation.— For the purpose of this section, the expression "force majeure" shall_ mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project. Grant of registration. Extension of registration. ----- Revocation of registration. **7. (1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the** recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that— (a) the promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereunder; (b) the promoter violates any of the terms or conditions of the approval given by the competent authority; (c) the promoter is involved in any kind of unfair practice or irregularities. _Explanation.—For the purposes of this clause, the term "unfair practice means" a_ practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:— (A) the practice of making any statement, whether in writing or by visible representation which,— (i) falsely represents that the services are of a particular standard or grade; (ii) represents that the promoter has approval or affiliation which such promoter does not have; (iii) makes a false or misleading representation concerning the services; (B) the promoter permits the publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered; (d) the promoter indulges in any fraudulent practices. (2) The registration granted to the promoter under section 5 shall not be revoked unless the Authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registraton, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation. (3) The Authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter. (4) The Authority, upon the revocation of the registration,— (a) shall debar the promoter from accessing its website in relation to that project and specify his name in the list of defaulters and display his photograph on its website and also inform the other Real Estate Regulatory Authority in other States and Union territories about such revocation or registration; (b) shall facilitate the remaining development works to be carried out in accordance with the provisions of section 8; (c) shall direct the bank holding the project back account, specified under subclause (D) of clause (I) of sub-section (2) of section 4, to freeze the account, and thereafter take such further necessary actions, including consequent de-freezing of the said account, towards facilitating the remaining development works in accordance with the provisions of section 8; (d) may, to protect the interest of allottees or in the public interest, issue such directions as it may deem necessary. ----- **8. Upon lapse of the registration or on revocation of the registration under this Act, the** Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority: Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act: Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works. **9. (1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any** person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section. (2) Every real estate agent shall make an application to the Authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed. (3) The Authority shall, within such period, in such manner and upon satisfying itself of the fulfillment of such conditions, as may be prescribed— (a) grant a single registration to the real estate agent for the entire State of Union territory, as the case may be; (b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of the Act or the rules or regulations made thereunder: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter. (4) Whereon the completion of the period specified under sub-section (3), if the applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registered. (5) Every real estate agent who is registered as per the provisions of this Act or the rules and regulations made thereunder, shall be granted a registration number by the Authority, which shall be quoted by the real estate agent in every sale facilitated by him under this Act. (6) Every registration shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribed. (7) Where any real estate agent who has been granted registration under this Act commits breach of any of the conditions thereof or any other terms and conditions specified under this Act or any rules or regulations made thereunder, or where the Authority is satisified that such registration has been secured by the real estate agent through misrepresentation or fraud, the Authority may, without prejudice to any other provisions under this Act, revoke the registration or suspend the same for such period as it thinks fit: Provided that no such revocation or suspension shall be made by the Authority unless an opportunity of being heard has been given to the real estate agent. **10. Every real estate agent registered under section 9 shall—** (a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority; Obligation of Authority consequent upon lapse of or on revocation of registration. Registration of real estate agents. Functions of real estate agents. ----- Functions and duties of promoter. (b) maintain and preserve such books of account, records and documents as may prescribed; (c) not involve himself in any unfair trade practices, namely:— (i) the practice of making any statement, whether orally or in writing or by visible representation which— (A) falsely represents that the services are of a particular standard or grade; (B) represents that the promoter or himself has approval or affiliation which such promoter or himself does not have; (C) makes a false or misleading representation concerning the services; (ii) permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered. (d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be; (e) discharge such other functions as may be prescribed. CHAPTER III FUNCTIONS AND DUTIES OF PROMOTER **11. (1) The promoter shall, upon receiving his Login Id and password under clause (a)** of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web page on the website of the Authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including— (a) details of the registration granted by the Authority; (b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, booked; _(c) quarterly up-to-date the list of number of garages booked;_ _(d) quarterly up-to-date the list of approvals taken and the approvals which are_ pending subsequent to commencement certificate; (e) quarterly up-to-date status of the project; and (f) such other information and documents as may be specified by the regulations made by the Authority. (2) The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto. (3) The promoter at the time of the booking and issue of allotment letter shall be responsible to make available to the allottee, the following information, namely:— (a) sanctioned plans, layout plans, along with specifications, approved by the competent authority, by display at the site or such other place as may be specified by the regulations made by the Authority; (b) the stage wise time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity. ----- (4) The promoter shall— (a) be responsible for all obligations, responsibilties and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to the association of allottees, as the case may be, till the conveyance of all the apartments, plots or buildings, as the case may be, to the allottees, or the common areas to the association of allottees or the competent authority, as the case may be: Provided that the responsibility of the promoter, with respect to the structural defect or any other defect for such period as is referred to in sub-section (3) of section 14, shall continue even after the conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are executed. (b) be responsible to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be; (c) be responsible to obtain the lease certificate, where the real estate project is developed on a leasehold land, specifying the period of lease, and certifying that all dues and charges in regard to the leasehold land has been paid, and to make the lease certificate available to the association of allottees; (d) be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees; (e) enable the formation of an association or society or co-operative society, as the case may be, of the allottees, or a federation of the same, under the laws applicable: Provided that in the absence of local laws, the association of allottees, by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building, as the case may be, in the project; (f) execute a registered conveyance deed of the apartment, plot or building, as the case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this Act; (g) pay all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees, as the case may be, which he has collected from the allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project): Provided that where any promoter fails to pay all or any of the outgoings collected by him from the allottees or any liability, mortgage loan and interest thereon before transferring the real estate project to such allottees, or the association of the allottees, as the case may be, the promoter shall continue to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person; (h) after he executes an agreement for sale for any apartment, plot or building, as the case may be, not mortgage or create a charge on such apartment, plot or building, as the case may be, and if any such mortgage or charge is made or created then ----- Obligations of promoter regarding veracity of the advertisement or prospectus. No deposit or advance to be taken by promoter without first entering into agreement for sale. Adherence to sanctioned plans and project specifications by the promoter. notwithstanding anything contained in any other law for the time being in force, it shall not affect the right and interest of the allottee who has taken or agreed to take such apartment, plot or building, as the case may be; (5) The promoter may cancel the allotment only in terms of the agreement for sale: Provided that the allottee may approach the Authority for relief, if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement for sale, unilateral and without any sufficient cause. (6) The promoter shall prepare and maintain all such other details as may be specified, from time to time, by regulations made by the Authority. **12. Where any person makes an advance or a deposit on the basis of the information** contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act: Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building, as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act. **13. (1) A promoter shall not accept a sum more than ten per cent of the cost of the** apartment, plot, or building as the case may be, as an advance payment or an application fee, from a person without first entering into a written agreement for sale with such person and register the said agreement for sale, under any law for the time being in force. (2) The agreement for sale referred to in sub-section (1) shall be in such form as may be prescribed and shall specify the particulars of development of the project including the construction of building and apartments, along with specifications and internal development works and external development works, the dates and the manner by which payments towards the cost of the apartment, plot or building, as the case may be, are to be made by the allottees and the date on which the possession of the apartment, plot or building is to be handed over, the rates of interest payable by the promoter to the allottee and the allottee to the promoter in case of default, and such other particulars, as may be prescribed. **14. (1) The proposed project shall be developed and completed by the promoter in** accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities. (2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make— (i) any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, which are agreed to be taken, without the previous consent of that person: Provided that the promoter may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by an authorised Architect or Engineer after proper declaration and intimation to the allottee. ----- _Explanation.—For the purpose of this clause, "minor additions or alterations" excludes_ structural change including an addition to the area or change in height, or the removal of part of a building, or any change to the structure, such as the construction or removal or cutting into of any wall or a part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of access ingress or egress or a change to the fixtures or equipment, etc. (ii) any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building. _Explanation.—For the purpose of this clause, the allottees, irrespective of the number_ of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, etc., by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only. (3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act. **15. (1) The promoter shall not transfer or assign his majority rights and liabilities in** respect of a real estate project to a third party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written approval of the Authority: Provided that such transfer or assignment shall not affect the allotment or sale of the apartments, plots or buildings as the case may be, in the real estate project made by the erstwhile promoter. _Explanation.—For the purpose of this sub-section, the allottee, irrespective of the_ number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only. (2) On the transfer or assignment being permitted by the allottees and the Authority under sub-section (1), the intending promoter shall be required to independently comply with all the pending obligations under the provisions of this Act or the rules and regulations made thereunder, and the pending obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees: Provided that any transfer or assignment permitted under provisions of this section shall not result in extension of time to the intending promoter to complete the real estate project and he shall be required to comply with all the pending obligations of the erstwhile promoter, and in case of default, such intending promoter shall be liable to the consequences of breach or delay, as the case may be, as provided under this Act or the rules and regulations made thereunder. **16. (1) The promoter shall obtain all such insurances as may be notified by the** appropriate Government, including but not limited to insurance in respect of — (i) title of the land and building as a part of the real estate project; and (ii) construction of the real estate project. Obligations of promoter in case of transfer of a real estate project to a third party. Obligations of promoter regarding insurance of real estate project. ----- Transfer of title. Return of amount and compensation. (2) The promoter shall be liable to pay the premium and charges in respect of the insurance specified in sub-section (1) and shall pay the same before transferring the insurance to the association of the allottees. (3) The insurance as specified under sub-section (1) shall stand transferred to the benefit of the allottee or the association of allottees, as the case may be, at the time of promoter entering into an agreement for sale with the allottee. (4) On formation of the association of the allottees, all documents relating to the insurance specified under sub-section (1) shall be handed over to the association of the allottees. **17.** (1) The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws: Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate. (2) After obtaining the occupancy certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to handover the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per the local laws: Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, the association of the allottees or the competent authority, as the case may be, within thirty days after obtaining the occupancy certificate. **18. (1) If the promoter fails to complete or is unable to give possession of an apartment,** plot or building,— (a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or (b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act: Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed. (2) The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this subsection shall not be barred by limitation provided under any law for the time being in force. ----- (3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale, he shall be liable to pay such compensation to the allottees, in the manner as provided under this Act. CHAPTER IV RIGHTS AND DUTIES OF ALLOTTEES **19. (1) The allottee shall be entitled to obtain the information relating to sanctioned** plans, layout plans along with the specifications, approved by the competent authority and such other information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter. (2) The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale. (3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4. (4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the rules or regulations made thereunder. (5) The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, by the promoter. (6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any. (7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6). (8) The obligations of the allottee under sub-section (6) and the liability towards interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee. (9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same. (10) Every allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be. (11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, as provided under sub-section (1) of section 17 of this Act. Rights and duties of allottees. ----- Establishment and incorporation of Real Estate Regulatory Authority. Composition of Authority. Qualifications of Chairperson and Members of Authority. Term of office of Chairperson and Members. Salary and allowances payable to Chairperson and Members. CHAPTER V THE REAL ESTATE REGULATORY AUTHORITY **20. (1) The appropriate Government shall, within a period of one year from the date of** coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions assigned to it under this Act: Provided that the appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Authority: Provided further that, the appropriate Government may, if it deems fit, establish more than one Authority in a State or Union territory, as the case may be: Provided also that until the establishment of a Regulatory Authority under this section, the appropriate Government shall, by order, designate any Regulatory Authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority for the purposes under this Act: Provided also that after the establishment of the Regulatory Authority, all applications, complaints or cases pending with the Regulatory Authority designated, shall stand transferred to the Regulatory Authority so established and shall be heard from the stage such applications, complaints or cases are transferred. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with the power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. **21. The Authority shall consist of a Chairperson and not less than two whole time** Members to be appointed by the appropriate Government. **22. The Chairperson and other Members of the Authority shall be appointed by the** appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department dealing with Housing and the Law Secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the Chairperson and fifteen years in the case of the Members in urban development, housing, real estate development, infrastructure, economics, technical experts from relevant fields, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration: Provided that a person who is, or has been, in the service of the State Government shall not be appointed as a Chairperson unless such person has held the post of Additional Secretary to the Central Government or any equivalent post in the Central Government or State Government: Provided further that a person who is, or has been, in the service of the State Government shall not be appointed as a member unless such person has held the post of Secretary to the State Government or any equivalent post in the State Government or Central Government. **23. (1) The Chairperson and Members shall hold office for a term not exceeding five** years from the date on which they enter upon their office, or until they attain the age of sixtyfive years, whichever is earlier and shall not be eligible for re-appointment. (2) Before appointing any person as a Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such Member. **24. (1) The salary and allowances payable to, and the other terms and conditions of** service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure. ----- 18 of 2013. (2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the Chairperson or a Member, as the case may be, may,— (a) relinquish his office by giving in writing, to the appropriate Government, notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 26 of this Act. (3) Any vacancy caused to the office of the Chairperson or any other Member shall be filled-up within a period of three months from the date on which such vacancy occurs. **25. The Chairperson shall have powers of general superintendence and directions in** the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as may be prescribed. **26. (1) The appropriate Government may, in accordance with the procedure notified,** remove from office the Chairperson or other Members, if the Chairperson or such other Member, as the case may be,— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence, involving moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) The Chairperson or Member shall not be removed from his office on the ground specified under clause (d) or clause (e) of sub-section (1) except by an order made by the appropriate Government after an inquiry made by a Judge of the High Court in which such Chairperson or Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. **27. (1) The Chairperson or a Member, ceasing to hold office as such, shall not—** (a) accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under this Act, from the date on which he ceases to hold office: Provided that nothing contained in this clause shall apply to any employment under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a Government Company, as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the provisions of this Act; _(b) act, for or on behalf of any person or organisation in connection with any_ specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to, the Authority; _(c) give advice to any person using information which was obtained in his_ capacity as the Chairperson or a Member and being unavailable to or not being able to be made available to the public; _(d) enter into a contract of service with, or accept an appointment to a borad of_ directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such. _(2) The Chairperson and Members shall not communicate or reveal to any person any_ matter which has been brought under his consideration or known to him while acting as such. **28.** _(1) The appropriate Government may, in consultation with the Authority appoint_ such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general superintendence of the Chairperson. Administrative powers of Chairperson. Removal of Chairperson and Members from office in certain circumstances. Restrictions on Chairperson or Members on employment after cessation of office. Officers and other employees of Authority. ----- Meetings of Authority. Vacancies, etc., not to invalidate proceeding of Authority. Filing of complaints with the Authority or the adjudicating officer. Functions of Authority for promotion of real estate sector. _(2) The salary and allowances payable to, and the other terms and conditions of_ service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed. **29.** _(1) The Authority shall meet at such places and times, and shall follow such rules_ of procedure in regard to the transaction of business at its meetings, (including quorum at such meetings), as may be specified by the regulations made by the Authority. _(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority,_ any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting. _(3) All questions which come up before any meeting of the Authority shall be decided_ by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote. _(4) The questions which come up before the Authority shall be dealt with as_ expeditiously as possible and the Authority shall dispose of the same within a period of sixty days from the date of receipt of the application: Provided that where any such application could not be disposed of within the said period of sixty days, the Authority shall record its reasons in writing for not disposing of the application within that period. **30. No act or proceeding of the Authority shall be invalid merely by reason of—** _(a) any vacancy in, or any defect in the constitution of, the Authority; or_ _(b) any defect in the appointment of a person acting as a Member of the_ Authority; or _(c) any irregularity in the procedure of the Authority not affecting the merits of_ the case. **31.** _(1) Any aggrieved person may file a complaint with the Authority or the adjudicating_ officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter allottee or real estate agent, as the cae may be. _Explanation.—For the purpose of this sub-section "person" shall include the_ association of allottees or any voluntary consumer association registered under any law for the time being in force. _(2) The form, manner and fees for filing complaint under sub-section (1) shall be such_ as may be specified by regulations. **32. The Authority shall in order to facilitate the growth and promotion of a healthy,** transparent, efficient and competitive real estate sector make recommendations to the appropriate Government of the competent authority, as the case may be, on,— _(a) protection of interest of the allottees, promoter and real estate agent;_ _(b) creation of a single window system for ensuring time bound project approvals_ and clearances for timely completion of the project; _(c) creation of a transparent and robust grievance redressal mechanism against_ acts of ommission and commission of competent authorities and their officials; _(d) measures to encourage investment in the real estate sector including measures_ to increase financial assistance to affordable housing segment; _(e) measures to encourage construction of environmentally sustainable and_ affordable housing, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques; _(f) measures to encourage grading of projects on various parameters of_ development including grading of promoters; ----- _(g) measures to facilitate amicable conciliation of disputes between the promoters_ and the allottees through dispute settlement forums set up by the consumer or promoter associations; _(h) measures to facilitate digitization of land records and system towards_ conclusive property titles with title guarantee; _(i) to render advice to the appropriate Government in matters relating to the_ development of real estate sector; _(j) any other issue that the Authority may think necessary for the promotion of_ the real estate sector. **33.** _(1) The appropriate Government may, while formulating a policy on real estate_ sector (including review of laws related to real estate sector) or any other matter, make a reference to the Authority for its opinion on possible effect, of such policy or law on real estate sector and on the receipt of such a reference, the Authority shall within a period of sixty days of making such reference, give its opinion to the appropriate Government which may therafter take further action as it deems fit. _(2) The opinion given by the Authority under sub-section (1) shall not be binding_ upon the appropriate Government in formulating such policy or laws. _(3) The Authority shall take suitable measures for the promotion of advocacy, creating_ awareness and imparting training about laws relating to real estate sector and policies. **34. The functions of the Authority shall include—** (a) to register and regulate real estate projects and real estate agents registered under this Act; (b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted; (c) to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons therefor, for access to the general public; (d) to maintain a database, on its website, for public viewing, and enter the names and photograhps of real estate agents who have applied and registered under this Act, with such details as may be prescribed, including those whose registration has been rejected or revoked; (e) to fix through regulations for each areas under its jurisdiction the standard fees to be levied on the allottees or the promoter or the real estate agent, as the case may be; (f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real estate agents under this Act and the rules and regulations made thereunder; (g) to ensure compliance of its regulations or orders or directions made in exercise of its powers under this Act; (h) to perform such other functions as may be entrusted to the Authority by the appropriate Government as may be necessary to carry out the provisions of this Act. **35. (1) Where the Authority considers it expedient to do so, on a complaint or suo motu,** relating to this Act or the rules of regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be. Advocacy and awareness measures. Functions of Authority. Powers of Authority to call for information, conduct investigations. ----- 5 of 1908. Power to issue interim orders. Powers of Authority to issue directions. Powers of Authority. Rectification of orders. Recovery of interest or penalty or compensation and enforcement of order, etc. (2) Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:— (i) the discovery and production of books of account and other documents, at such place and at such time as may be specified by the Authority; (ii) summoning and enforcing the attendance of persons and examining them on oath; (iii) issuing commissions for the examination of witnesses or documents; (iv) any other matter which may be perscribed. **36. Where during an inquiry, the Authority is satisfied that an act in contravention of** this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry of until further orders, without giving notice to such party, where the Authority deems it necessary. **37. The Authority may, for the purpose of discharging its functions under the provisions** of this Act or rules or regulations made thereunder, issue such directions from time to time, to the promoters or allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concerned. **38. (1) The Authority shall have powers to impose penalty or interest, in regard to any** contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder. (2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure. (3) Where an issue is raised relating to agreement, action, omission, practice or procedure that— (a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or (b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the Authority, may suo motu, make reference in respect of such issue to the Competition Commission of India. **39. The Authority may, at any time within a period of two years from the date of the** order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties: Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act: Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act. **40. (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay** any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regualtions made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue. (2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed. ----- CHAPTER VI CENTRAL ADVISORY COUNCIL **41. (1) The Central Government may, by notification, establish with effect from such** date as it may specify in such notification, a Council to be known as the Central Advisory Council. (2) The Minister to the Government of India in charge of the Ministry of the Central Government dealing with Housing shall be the ex officio Chairperson of the Central Advisory Council. (3) The Central Advisory Council shall consist of representatives of the Ministry of Finance, Ministry of Industry and Commerce, Ministry of Urban Development, Minsitry of Consumer Affairs, Minstry of Corporate Affairs, Ministry of Law and Justice, Niti Aayog, National Housing Bank, Housing and Urban Development Corporation, five representatives of State Governments to be selected by rotation, five representatives of the Real Estate Regulatory Authorities to be selected by rotation, and any other Central Government department as notified. (4) The Central Advisory Council shall also consist of not more than ten members to represent the interests of real estate industry, consumers, real estate agents, construction labourers, non-governmental organisations and academic and research bodies in the real estate sector. **42. (1) The functions of the Central Advisory Council shall be to advise and recommend** the Central Government,— (a) on all matters concerning the implementation of this Act; (b) on major questions of policy; (c) towards protection of consumer interest; (d) to foster the growth and development of the real estate sector; (e) on any other matter as may be assigned to it by the Central Government. (2) The Central Government may specify the rules to give effect to the recommendations of the Central Advisory Council on matters as provided under sub-section (1). CHAPTER VII THE REAL ESTATE APPELLATE TRIBUNAL **43. (1) The appropriate Government shall, within a period of one year from the date of** coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the — (name of the State/Union territory) Real Estate Appellate Tribunal. (2) The appropriate Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State or Union territory, as the case may be. (3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative to Technical Member. (4) The appropriate Government of two or more Staes or Union territories may, if it deems fit, establish one single Appellate Tribunal: Provided that, until the establishment of an Appellate Tribunal under this section, the appropriate Government shall designate, by order, any Appellate Tribunal Functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act: Provided further that after the Appellate Tribunal under this section is established, all matters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred Establishment of Central Advisory Council. Functions of Central Advisory Council. Establishment of Real Estate Appellate Tribunal. ----- Application for settlement of disputes and appeals to Appellate Tribunal. Composition of Appellate Tribunal. to the Appellate Tribunal so established and shall be heard from the stage such appeal is transferred. (5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jusrisdiction over the matter: Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertatined, without the prmoter first having deposited with the Appellate Tribunal atleast thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard. _Explanation.—For the purpose of this sub-section "person" shall include the_ association of allottees or any voluntary consumer association registered under any law for the time being in force. **44. (1) The appropriate Government or the competent authority or any person aggrieved** by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal. (2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period. (3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be. (5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal: Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period. (6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit. **45. The Appellate Tribunal shall consist of a Chairperson and not less than two whole** time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government. _Explanation.—For the purposes of this Chapter,—_ (i) "Judicial Member" means a Member of the Appellate Tribunal appointed as such under clause (b) of sub-section (1) of section 46; ----- (ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section (1) of section 46. **46. (1) A person shall not be qualified for appointment as the Chairperson or a Member** of the Appellate Tribunal unless he,— (a) in the case of Chairperson, is or has been a Judge of a High Court; and (b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and (c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government. (2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee. (3) The judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed. **47. (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal** shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment: Provided that in case a person, who is or has been a Judge of a High Court, has been appointed as Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years: Provided further that no Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of sixty-five years. (2) Before appointing any person as Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest, as is likely to affect prejudicially his functions as such member. **48. (1) The salary and allowances payable to, and the other terms and conditions of** service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure. (2) Notwithstanding anything contained in sub-sections (1) and (2) of section 47, the Chairperson or a Member, as the case may be, may:— (a) relinquish his office by giving in writing to the appropriate Government a notice of not less than three months; (b) be removed from his office in accordance with the provisions of section 49. (3) A vacancy caused to the office of the Chairperson or any other Member, as the case may be, shall be filled-up within a period of three months from the date on which such vacancy occurs. Qualifications for appointment of Chairperson and Members. Term of office of Chairperson and Members. Salary and allowances payable to Chairperson and Members. ----- Removal of Chairperson and Member from office in certain circumstances. **49. (1) The appropriate Government may, in consultation with the Chief Justice of the** High Court, remove from office of the Chairperson or any judicial Member or Technical or Administrative Member of the Appellate Tribunal, who— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the appropriate Government involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) The Chairperson or Judicial member or Technical or Administrative Member shall not be removed from his office except by an order made by the appropriate Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The appropriate Government may suspend from the office of the Chairperson or Judicial member or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court under sub-section (2), until the appropriate Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference. (4) The appropriate Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2). Restrictions **50. (1) The Chairperson or Judicial Member or Technical or Administrative Member,** on ceasing to hold office as such shall not:— Chairperson or Judicial (a) Accept any employment in, or connected with, the management or Member or administration of, any person or organisation which has been associated with any Technical or work under this Act, from the date on which he ceases to hold office: Administrative Member on Provided that nothing contained in this clause shall apply to any employment employment under the appropriate Government or a local authority or in any statutory authority or after any corporation established by or under any Central, State of provincial Act or a cessation of office. Government Company as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the provisions of this Act; 18 of 2013. (b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or Judicial Member or Technical or Administrative Member had, before cessation of office, acted for or provided advice to, the Authority; (c) give advice to any person using information which was obtained in his capacity as the Chairperson or Judicial Member or Technical or Administrative Member and being unavailable to or not being able to be made available to the public; (d) enter into a contrat of service with, or accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such. (2) The Chairperson or Judicial Member or Technical or Administrative Member shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such. ----- **51. (1) The appropriate Government shall provide the Appellate Tribunal with such** officers and employees as it may deem fit. (2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson. (3) The salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed. **52. If, for reason other than temporary absence, any vacancy occurs in the office of the** Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellae Tribunal from the stage at which the vacancy is filled. Officers and other employees of Appellate Tribunal. Vacancies. **53. (1) The Appellate Tribunal shall not be bound by the procedure laid down by the** Powers of 5 of 1908. Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice. Tribunal. (2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure. 1 of 1872. 5 of 1908. 45 of 1860. 2 of 1974. (3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872. (4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examinations of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or directing it ex parte; and (g) any other matter which may be prescribed. (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. **54. The Chairperson shall have powers of general superintendence and direction in** the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the meetings of the Appellate Tribunal exercise and discharge such administrative powers and functions of the Appellate Tribunal as may be prescribed. **55. No act or proceeding of the Appellate Tribunal shall be invalid merely by reason** of— (a) any vacancy in, or any defect in the constitution of, the Appellate Tribunal, or (b) any defect in the appointment of a person acting as a Member of the Appellate Tribunal; or (c) Any irregularity in the procedure of the Appellate Tribunal not affecting the merits of the case. Administrative powers of Chairperson of Appellate Tribunal. Vacancies, etc., not to invalidate proceeding of Appellate Tribunal. ----- Right to legal representation. Orders passed by Appellate Tribunal to be executable as a decree. Appeal to High Court. Punishment for nonregistration under section 3. **56. The applicant or appellant may either appear in person or authorise one or more** chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be. _Explanation.—For the purposes of this section,—_ (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. **57. (1) Every order made by the Appellate Tribunal under this Act shall be executable** by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court. **58. (1) Any person aggrieved by any decision or order of the Appellate Tribunal, may,** file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908: Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. _Explanation.—The expression "High Court" means the High Court of a State or Union_ territory where the real estate project is situated. (2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties. CHAPTER VIII OFFENCES, PENALTIES AND ADJUDICATION **59. (1) If any promoter contravenes the provisions of section 3, he shall be liable to a** penalty which may extend up to ten per cent. of the estimated cost of the real estate project as determined by the Authority. (2) If any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both. 38 of 1949. 56 of 1980. 23 of 1959. 5 of 1908. ----- **60. If any promoter provides false information or contravenes the provisions of** section 4, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project, as determined by the Authority. **61. If any promoter contravenes any other provisions of this Act, other than that** provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project as determined by the Authority. **62. If any real estate agent fails to comply with or contravenes the provisions of** section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority. **63. If any promoter, who fails to comply with, or contravenes any of the orders or** directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority. **64. If any promoter, who fails to comply with, or contravenes any of the orders, decisions** or directions of the Applellate Trinbunal, he shall be punishable with imprisonment for a term which may extend up to three years or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of the real estate project, or with both. **65. If any real estate agent, who fails to comply with, or contravenes any of the orders** or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority. **66. If any real estate agent, who fails to comply with, or contravenes any of the orders,** decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both. **67. If any allottee, who fails to comply with, or contravenes any of the orders, decisions** or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the Authority. **68. If any allottee, who fails to comply with, or contravenes any of the orders or** directions of the Applellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the plot, apartment or building cost, as the case may be, or with both. Penalty for contravention of section 4. Penalty for contravention of other provisions of this Act. Penalty for nonregistration and contravention under sections 9 and 10. Penalty for failure to comply with orders of Authority by promoter. Penalty for failure to comply with orders of Appellate Tribunal by promoter. Penalty for failure to comply with orders of Authority by real estate agent. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent. Penalty for failure to comply with orders of Authority by allottee. Penalty for failure to comply with orders of Appellate Tribunal by allottee. ----- Offences by companies. **69. (1) Where an Offence under this Act has been committed by a company, every** person who, at the time, the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section, shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section,—_ (a) ''company'' means any body corporate and includes a firm, or other association of individuals; and (b) ''director'' in releation to a firm, means a partner in the firm. Compounding **70. Notwithstanding anything contained in the Code of Crimnal Procedure, 1973, if** 2 of 1974. of offences. any person is punished with imprisonment under this Act, the punishment may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed: Power to adjudicate. Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded. **71. (1) For the purpose of adjudging compensation under sections 12, 14, 18 and** section 19, the Authority shall appoint in consultation with the appropriate Government one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard: Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act. (2) The application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days from the date of receipt of the application: Provided that where any such application could not be disposed of within the said period of sixty days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that period. (3) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may direct to pay such compensation or interest, as the case any be, as he thinks fit in accordance with the provisions of any of those sections. 68 of 1986. ----- **72. While adjudging the quantum of compensation or interest, as the case may be,** under section 71, the adjudicating officer shall have due regard to the following factors, namely:— (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused as a result of the default; (c) the repetitive nature of the default; (d) such other factors which the adjudicating officer considers necessary to the case in furtherance of justice. CHAPTER IX FINANCE, ACCOUNTS, AUDITS AND REPORTS **73. The Central Government may, after due appropriation made by Parliament in this** behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary. **74. The State Government may, after due appropriation made by State Legislature by** law in this behalf, make to the Authority, grants and loans of such sums of money as the State Government may think fit for being utilised for the purposes of this Act. **75. (1) The appropriate Government shall constitute a fund to be called the 'Real Estate** Regulatory Fund' and there shall be credited thereto,— (a) all Government grants received by the Authority; (b) the fees received under this Act; (c) the interest accrued on the amounts referred to in clauses (a) to (b). (2) The Fund shall be applied for meeting— (a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating officer and the administrative expenses including the salaries and allowances payable to be officers and other employees of the Authority and the Appellate Tribunal; (b) the other expenses of the Authority in connection with the discharge of its functions and for the pruposes of this Act. (3) The Fund shall be administered by a committee of such Members of the Authority as may be determined by the Chairperson. (4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying out the objects for which the Fund has been constituted. **76. (1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the** Authority, in the Union terriroties, shall be credited to the Consolidated Fund of India. (2) All sums realised, by way of penalties, imposed by the Applellate Tribunal or the Authority, in a State, shall be credited to such account as the State Government may specify. Factors to be taken into account by the adjudicating officer. Grants and loans by Central Government. Grants and loans by State Government. Constitution of Fund. Crediting sums realised by way of penalties to Consolidated Fund of India or State account. ----- Budget, accounts and audit. Annual report. Bar of jurisdiction. Cognizance of offences. Delegation. **77. (1) The Authority shall prepare a budget, maintain proper accounts and other** relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate Government in consultation with the Comptroller and AuditorGeneral of India. (2) The accounts of the Authority shall be audited by the Comptroller and AuditorGeneral of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and AuditorGeneral of India. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and AuditorGeneral generally has in connection with the audit of Government accounts and, in particular shall have the right to demand and production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Authority. (4) The accounts of the Authority, as certified by the Comprtoller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the appropriate Government by the Authority and the appropriate Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before the House. **78. (1) The Authority shall prepare once in every year, in such form and at such time as** may be prescribed by the appropriate Government,— (a) a description of all the activities of the Authority for the previous year; (b) the annual accounts for the previous year; and (c) the programmes of work for the coming year. (2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union Territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House. CHAPTER X MISCELLANEOUS **79. No civil court shall have jurisdiction to entertain any suit or proceeding in respect** of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **80. (1) No court** shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder save on a complaint in writing made by the Authority or by any officer of the Authority duly authorised by it for this purpose. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **81. The Authority may, by general or special order in writing, delegate to any member,** officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85, as it may deem necessary. ----- **82. (1) If, at any time, the appropriate Government is of the opinion,—** (a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the Authority has persistently defaulted in complying with any direction given by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do, the appropriate Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the President or the Governor, as the case may be, may direct to exercise powers and discharge functions under this Act: Provided that before issuing any such notification, the appropriate Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,— (a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstitued under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and (c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the appropriate Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. (4) The appropriate Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament or, as the case may be, before the State Legislature, or the Union Territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House. **83. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall,** in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final. Power of appropriate Government to supersede Authority. Powers of appropriate Government to issue directions to Authority and obtain reports and returns. ----- Power of appropriate Government to make rules. (3) The Authority shall furnish to the appropriate Government such returns or other information with respect to its activities as the appropriate Government may, from time to time, require. **84. (1) The appropriate Government shall, within a period of six months of the** commencement of this Act, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) information and documents for application to Authority for registration under clause (m) of sub-section (2) of section 4; (b) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9; (c) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9; (d) the validity of the period of registration and the manner and fee for renewal under sub-section (6) of section 9; (e) the maintenance and preservation of books of account, records and documents under clause (b) of section 10; (f) the discharge of other functions by the real estate agent under clause (e) of section 10; (g) the rate of interest payable under section 12; (h) the form and particulars of agreement for sale under sub-section (2) of section 13; (i) the rate of interest payable under clause (b) of sub-section (1) of section 18; (j) the rate of interest payable under sub-section (4) of section 19; (k) the rate of interest payable under sub-section (7) of section 19; (l) the manner of selection of Chairperson and Members of Authority under section 22; (m) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Authority under sub-section (1) of section 24; (n) the administrative powers of the Chairpersons under section 25; (o) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Authority under sub-section (2) of section 28; (p) the details to be published on the website as under clause (b) and under clause (d) of section 34; (q) the additional functions which may be performed by the Authority under clause (iv) of sub-section (2) of section 35; (r) the manner of recovery of interest, penalty and compensation under sub-section (1) of section 40; (s) the manner of implementation of the order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of section 40; ----- (t) recommendations received from the Central Advisory Council under sub-section (2) of section 42; (u) the form and manner and fee for filling of appeal under sub-section (2) of section 44; (v) the manner of selection of Members of the Tribunal under sub-section (3) of section 46; (w) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 48; (x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49; (y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51; (z) any other powers of the Tribunal under clause (h) of sub-section (4) of section 53; (za) the powers of the Chairperson of the Appellate Tribunal under section 54; (zb) the terms and conditions and the payment of such sum for compounding of the offences under section 70; (zc) the manner of inquiry under sub-section (1) of section 71; (zd) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77; (ze) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 78; (zf) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. **85. (1) The Authority shall, within a period of three months of its establishment, by** notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the form and manner of making application and fee payable herewith under sub-section (1) of section 4; (b) the form of application and the fees for extension of registration under section 6; (c) such other information and documents required under clause (f) of sub-section (1) of section 11; (d) display of sanctioned plans, layout plans along with specifications, approved by the competent authority, for display under clause (a) of sub-section (3) of section 11; (e) preparation and maintenance of other details under sub-section (6) of section 11; (f) time, places and the procedure in regard to transaction of business at the meetings of the Authority under sub-section (1) of section 29; Power to make regulations. ----- Laying of rules. Members, etc., to be public servants. Application of other laws not barred. Act to have overriding effect. Protection of action taken in good faith. Power to remove difficulties. (g) the form, manner and fees for filing a complaint under sub-section (2) of section 31; (h) standard fees to be levied on the promoter, the allottees or the real estate agent under clause (e) of section 34; (i) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations. **86. (1) Every rule made by the Central Government, every regulation made by the** Authority under the Union terriotry of Delhi and the Union territories without Legislature and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule of regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. (2) Every rule made by a State Government or the Union territory Government, as the case may be, every regulation made by the Authority under the State Government or the Union territory Government of Puducherry, as the case may be, and every notification issued by the State Government or the Union territory Government of Puducherry, as the case may be, under this Act, shall be laid as soon as may be, after it is made, before the State Legislature, or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House. **87. The Chairperson, Members and other officers and employees of the Authority, and** the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. **88. The provisions of this Act shall be in addition to, and not in derogation of, the** provisions of any other law for the time being in force. **89. The provisions of this Act shall have effect, notwithstanding anything inconsis-** tent therewith contained in any other law for the time being in force. **90. No suit, prosecution or other legal proceedings shall lie against the appropriate** Government or the Authority or any officer of the appropriate Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **91. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central** Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 45 of 1860. ----- Maharashtra **92. The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby** Repeal. Act No. II of repealed. 2014. # ———— DR. REETA VASISHTA, _Additional Secy. to the Govt. of India._ PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016. GMGIPMRND—5324GI(S3)—26-03-2016. ----- ----- -----

26-Aug-2009

35

The right of children to free and compulsory education act, 2009

https://www.indiacode.nic.in/bitstream/123456789/19014/1/the_right_of_children_to_free_and_compulsory_education_act_2009.pdf

Andaman and Nicobar Islands

# THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 __________________ # ARRANGEMENT OF SECTIONS __________________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II RIGHT TO FREE AND COMPULSORY EDUCATION 3. Right of child to free and compulsory education. 4. Special provisions for children not admitted to, or who have not completed, elementary education. 5. Right of transfer to other school. CHAPTER III DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS 6. Duty of appropriate Government and local authority to establish school. 7. Sharing of financial and other responsibilities. 8. Duties of appropriate Government. 9. Duties of local authority. 10. Duty of parents and guardian. 11. Appropriate Government to provide for pre-school education. CHAPTER IV RESPONSIBILITIES OF SCHOOLS AND TEACHERS 12. Extent of school’s responsibility for free and compulsory education. 13. No capitation fee and screening procedure for admission. 14. Proof of age for admission. 15. No denial of admission. 16. Prohibition of holding back and expulsion. 17. Prohibition of physical punishment and mental harassment to child. 18. No school to be established without obtaining certificate of recognition. 19. Norms and standards for school. 20. Power to amend Schedule. 21. School Management Committee. 22. School Development Plan. 23. Qualifications for appointment and terms and conditions of service of teachers. 1 ----- SECTIONS 24. Duties of teachers and redressal of grievances. 25. Pupil-Teacher Ratio. 26. Filling up vacancies of teachers. 27. Prohibition of deployment of teachers for non-educational purposes. 28. Prohibition of private tuition by teacher. CHAPTER V CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION 29. Curriculum and evaluation procedure. 30. Examination and completion certificate. CHAPTER VI PROTECTION OF RIGHT OF CHILDREN 31. Monitoring of child’s right to education. 32. Redressal of grievances. 33. Constitution of National Advisory Council. 34. Constitution of State Advisory Council. CHAPTER VII MISCELLANEOUS 35. Power to issue directions. 36. Previous sanction for prosecution. 37. Protection of action taken in good faith. 38. Power of appropriate Government to make rules. 39. Power of Central Government to remove difficulties. THE SCHEDULE. 2 ----- # THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 ACT NO. 35 OF 2009 [26th August, 2009.] # An Act to provide for free and compulsory education to all children of the age of six to fourteen years. BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Right of Children to Free** and Compulsory Education Act, 2009. (2) It shall extend to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. 2[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.] **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means— (i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government; (ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of— (A) a State, the State Government; (B) a Union territory having legislature, the Government of that Union territory; (b) “capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school; (c) “child” means a male or female child of the age of six to fourteen years; (d) “child belonging to disadvantaged group” means [3][a child with disability or] a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification; (e) “child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification; 3[(ee) “child with disability” includes,— (A) a child with “disability” as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); 1. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). 3. Ins. by s. 3, ibid. (w.e.f. 1-8-2012). 3 ----- (B) a child, being a person with disability as defined in clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); (C) a child with “severe disability” as defined in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).] (f) “elementary education” means the education from first class to eighth class; (g) “guardian”, in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute; (h) “local authority” means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village; (i) “National Commission for Protection of Child Rights” means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006); (j) “notification” means a notification published in the Official Gazette; (k) “parent” means either the natural or step or adoptive father or mother of a child; (l) “prescribed” means prescribed by rules made under this Act; (m) “Schedule” means the Schedule annexed to this Act; (n) “school” means any recognised school imparting elementary education and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority; (o) “screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method; (p) “specified category”, in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government; (q) “State Commission for Protection of Child Rights” means the State Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). CHAPTER II RIGHT TO FREE AND COMPULSORY EDUCATION **3. Right of child to free and compulsory education.—[1][(1) Every child of the age of six to fourteen** years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.] (2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education. 1. Subs. by Act 30 of 2012, s. 4, for sub-section (1) (w.e.f. 1-8-2012). 4 ----- 1* ***** ***** ***** ***** 2[(3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Provided that a child with “multiple disabilities” referred to in clause (h) and a child with “severe disability” referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for home-based education.] **4. Special provisions for children not admitted to, or who have not completed, elementary** **education.—Where a child above six years of age has not been admitted in any school or though** admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years. **5. Right of transfer to other school.—(1) Where in a school, there is no provision for completion of** elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education. (2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education. (3) For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate: Provided that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school: Provided further that the Head-teacher or in-charge of the school delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her. CHAPTER III DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS **6. Duty of appropriate Government and local authority to establish school.—For carrying out the** provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act. **7. Sharing of financial and other responsibilities.—(1) The Central Government and the State** Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act. (2) The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act. 1. Proviso omitted by Act 30 of 2012, s. 4 (w.e.f. 1-8-2012). 2. Ins. by s. 4, ibid. (w.e.f. 1-8-2012). 5 ----- (3) The Central Government shall provide to the State Governments, as grants-in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time, in consultation with the State Governments. (4) The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act. (5) Notwithstanding anything contained in sub-section (4), the State Government shall, taking into consideration the sums provided by the Central Government to a State Government under sub-section (3), and its other resources, be responsible to provide funds for implementation of the provisions of the Act. (6) The Central Government shall— (a) develop a framework of national curriculum with the help of academic authority specified under section 29; (b) develop and enforce standards for training of teachers; (c) provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building. **8. Duties of appropriate Government.—The appropriate Government shall—** (a) provide free and compulsory elementary education to every child: Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school. _Explanation.—The term_ “compulsory education” means obligation of the appropriate Government to— (i) provide free elementary education to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; (b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds; (d) provide infrastructure including school building, teaching staff and learning equipment; (e) provide special training facility specified in section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child; (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) ensure timely prescribing of curriculum and courses of study for elementary education; and (i) provide training facility for teachers. **9. Duties of local authority.—Every local authority shall—** (a) provide free and compulsory elementary education to every child: Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided 6 ----- directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school; (b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds; (d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed; (e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction; (f) provide infrastructure including school building, teaching staff and learning material; (g) provide special training facility specified in section 4; (h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (i) ensure timely prescribing of curriculum and courses of study for elementary education; (j) provide training facility for teachers; (k) ensure admission of children of migrant families; (l) monitor functioning of schools within its jurisdiction; and (m) decide the academic calendar. **10. Duty of parents and guardian.—It shall be the duty of every parent or guardian to admit or** cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school. **11. Appropriate Government to provide for pre-school education.—With a view to prepare** children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children. CHAPTER IV RESPONSIBILITIES OF SCHOOLS AND TEACHERS **12. Extent of school's responsibility for free and compulsory education.—(1) For the purposes of** this Act, a school,— (a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein; (b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.; (c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion: Provided that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education. 7 ----- (2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub-section (1) shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed: Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school specified in sub-clause (i) of clause (n) of section 2: Provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation. (3) Every school shall provide such information as may be required by the appropriate Government or the local authority, as the case may be. **13. No capitation fee and screening procedure for admission.—(1) No school or person shall,** while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure. (2) Any school or person, if in contravention of the provisions of sub-section (1),— (a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged; (b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions. **14. Proof of age for admission.—(1) For the purposes of admission to elementary education, the age** of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or on the basis of such other document, as may be prescribed. (2) No child shall be denied admission in a school for lack of age proof. **15. No denial of admission.—A child shall be admitted in a school at the commencement of the** academic year or within such extended period as may be prescribed: Provided that no child shall be denied admission if such admission is sought subsequent to the extended period: Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government. **16. Prohibition of holding back and expulsion.—No child admitted in a school shall be held back in** any class or expelled from school till the completion of elementary education. **17. Prohibition of physical punishment and mental harassment to child.—(1) No child shall be** subjected to physical punishment or mental harassment. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person. **18. No School to be established without obtaining certificate of recognition.—(1) No school, other** than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed. (2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed: 8 ----- Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19. (3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition: Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted: Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed. (4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function. (5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues. **19. Norms and standards for school.—(1) No school shall be established, or recognised under** section 18, unless it fulfils the norms and standards specified in the Schedule. (2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement. (3) Where a school fails to fulfil the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof. (4) With effect from the date of withdrawal of recognition under sub-section (3), no school shall continue to function. (5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues. **20. Power to amend Schedule.—The Central Government may, by notification, amend the Schedule** by adding to, or omitting therefrom, any norms and standards. **21. School Management Committee.—(1) A school, other than a school specified in sub-clause (iv)** of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers: Provided that at least three-fourth of members of such Committee shall be parents or guardians: Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section: Provided also that fifty per cent. of Members of such Committee shall be women. (2) The School Management Committee shall perform the following functions, namely:— (a) monitor the working of the school; (b) prepare and recommend school development plan; (c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and (d) perform such other functions as may be prescribed: 9 ----- 1[Provided that the School Management Committee constituted under sub-section (1) in respect of,— (a) a school established and administered by minority whether based on religion or language; and (b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2, shall perform advisory function only.] **22. School Development Plan.—(1) Every** [2][School Management Committee, except the School Management Committee in respect of a school established and administered by minority, whether based on religion or language and an aided school as defined in sub-clause (ii) of clause (n) of section 2, constituted] under sub-section (1) of section 21, shall prepare a School Development Plan, in such manner as may be prescribed. (2) The School Development Plan so prepared under sub-section (1) shall be the basis for the plans and grants to be made by the appropriate Government or local authority, as the case may be. **23. Qualifications for appointment and terms and conditions of service of teachers.—(1) Any** person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher. (2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years: 3[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 (24 of 2017).] (3) The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed. **24. Duties of teachers and redressal of grievances.—(1) A teacher appointed under sub-section (1)** of section 23 shall perform the following duties, namely:— (a) maintain regularity and punctuality in attending school; (b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29; (c) complete entire curriculum within the specified time; (d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required; (e) hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and (f) perform such other duties as may be prescribed. (2) A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her: 1. Ins. by Act 30 of 2012, s. 5 (w.e.f. 1-8-2012). 2. Subs. by s. 6, ibid., for “School Management Committee, constituted” (w.e.f. 1-8-2012). 3. Ins. by Act 24 of 2017, s. 2 (w.e.f. 1-4-2015). 10 ----- Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to such teacher. (3) The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed. **25. Pupil-Teacher Ratio.—(1) [1][Within three years] from the date of commencement of this Act, the** appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in the Schedule, is maintained in each school. (2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in section 27. **26. Filling up vacancies of teachers.—The appointing authority, in relation to a school established,** owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent. of the total sanctioned strength. **27. Prohibition of deployment of teachers for non-educational purposes.—No teacher shall be** deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be. **28. Prohibition of private tuition by teacher.—No teacher shall engage himself or herself in private** tuition or private teaching activity. CHAPTER V CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION **29. Curriculum and evaluation procedure.—(1) The curriculum and the evaluation procedure for** elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. (2) The academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely:— (a) conformity with the values enshrined in the Constitution; (b) all round development of the child; (c) building up child's knowledge, potentiality and talent; (d) development of physical and mental abilities to the fullest extent; (e) learning through activities, discovery and exploration in a child friendly and child-centered manner; (f) medium of instructions shall, as far as practicable, be in child's mother tongue; (g) making the child free of fear, trauma and anxiety and helping the child to express views freely; (h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same. **30. Examination and completion certificate.—(1) No child shall be required to pass any Board** examination till completion of elementary education. (2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed. 1. Subs. by Act 30 of 2012, s. 7, for “Within six months” (w.e.f. 1-8-2012). 11 ----- CHAPTER VI PROTECTION OF RIGHT OF CHILDREN **31. Monitoring of child's right to education.—(1) The National Commission for Protection of Child** Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:— (a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation; (b) inquire into complaints relating to child's right to free and compulsory education; and (c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act. (2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act. (3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed. **32. Redressal of grievances.—(1) Notwithstanding anything contained in section 31, any person** having any grievance relating to the right of a child under this Act may make a written complaint to the local authority having jurisdiction. (2) After receiving the complaint under sub-section (1), the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned. (3) Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be. (4) The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31. **33. Constitution of National Advisory Council.—(1) The Central Government shall constitute, by** notification, a National Advisory Council, consisting of such number of Members, not exceeding fifteen, as the Central Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development. (2) The functions of the National Advisory Council shall be to advise the Central Government on implementation of the provisions of the Act in an effective manner. (3) The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed. **34. Constitution of State Advisory Council.—(1) The State Government shall constitute, by** notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development. (2) The functions of the State Advisory Council shall be to advise the State Government on implementation of the provisions of the Act in an effective manner. (3) The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed. 12 ----- CHAPTER VII MISCELLANEOUS **35. Power to issue directions.—(1) The Central Government may issue such guidelines to the** appropriate Government or, as the case may be, the local authority, as it deems fit for the purposes of implementation of the provisions of this Act. (2) The appropriate Government may issue guidelines and give such directions, as it deems fit, to the local authority or the School Management Committee regarding implementation of the provisions of this Act. (3) The local authority may issue guidelines and give such directions, as it deems fit, to the School Management Committee regarding implementation of the provisions of this Act. **36. Previous sanction for prosecution.—No prosecution for offences punishable under sub-section** (2) of section 13, sub-section (5) of section 18 and sub-section (5) of section 19 shall be instituted except with the previous sanction of an officer authorised in this behalf, by the appropriate Government, by notification. **37. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Central Government, the State Government, the National Commission for Protection of Child Rights, the State Commission for Protection of Child Rights, the local authority, the School Management Committee or any person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act, or any rules or order made thereunder. **38. Power of appropriate Government to make rules.—(1) The appropriate Government may, by** notification, make rules, for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner of giving special training and the time-limit thereof, under first proviso to section 4; (b) the area or limits for establishment of a neighbourhood school, under section 6; (c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9; (d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12; (e) any other document for determining the age of child under sub-section (1) of section 14; (f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15; (g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18; (h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18; (i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18; (j) the Other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21; (k) the manner of preparing School Development Plan under sub-section (1) of section 22; (l) the salary and allowances payable to, and the terms and conditions of service of teacher, under sub-section (3) of section 23; (m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24; 13 ----- (n) the manner of redressing grievances of teachers under sub-section (3) of section 24; (o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30; (p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31; (q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33; (r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34. (3) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. (4) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures. **1[39. Power of Central Government to remove difficulties.—(1) If any difficulty arises in giving** effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012 (30 of 2012). (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.] 1. Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012). 14 ----- THE SCHEDULE (See sections 19 and 25) NORMS AND STANDARDS FOR A SCHOOL Sl. No. Item Norms and Standards 1. Numbers of teachers: (a) For first class to fifth class Admitted children Number of teachers Up to Sixty Two Between sixty-one to ninety Between Ninety-one to one hundred and twenty Between One hundred and twenty-one to two hundred Above One hundred and fifty children Above Two hundred children Three Four Five Five plus one Headteacher Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty. (b) For sixth class to eighth class (1) At least one teacher per class so that there shall be at least one teacher each for— (i) Science and Mathematics; (ii) Social Studies; (iii) Languages. (2) At least one teacher for every thirty-five children. (3) Where admission of children is above one hundred— (i) a full time head-teacher; (ii) part time instructors for— (A) Art Education; (B) Health and Physical Education; (C) Work Education. 2. Building All-weather building consisting of— (i) at least one class-room for every teacher and an office-cum-store-cum-Head teacher’s room; (ii) barrier-free access; (iii) separate toilets for boys and girls; (iv) safe and adequate drinking water facility to all children; 15 ----- Sl. No. Item Norms and Standards (v) a kitchen where mid-day meal is cooked in the school; (vi) Playground; (vii) arrangements for securing the school building by boundary wall or fencing. 3. Minimum number of working days/instructional hours in an academic year 4. Minimum number of working hours per week for the teacher (i) two hundred working days for first class to fifth class; (ii) two hundred and twenty working days for sixth class to eighth class; (iii) eight hundred instructional hours per academic year for first class to fifth class; (iv) one thousand instructional hours per academic year for sixth class to eighth class. forty-five teaching including preparation hours. 5. Teaching learning equipment Shall be provided to each class as required. 6. Library There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books. 7. Play material, games and sports equipment Shall be provided to each class as required. 16 -----

23-Mar-1974

6

The Water (Prevention and Control of Pollution) Act, 1974

https://www.indiacode.nic.in/bitstream/123456789/19018/1/water_act_1974.pdf

Andaman and Nicobar Islands

# THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 3. Constitution of Central Boards. 4. Constitution of State Board. 5. Terms and conditions of service of members. 6. Disqualifications. 7. Vacation of seats by members. 8. Meetings of Board. 9. Constitution of committees. 10. Temporary association of persons with Board for particular purposes. 11. Vacancy in Board not to invalidate acts or proceedings. 11A. Delegation of powers to Chairman. 12. Member-secretary and officers and other employees of Board. CHAPTER III JOINT BOARDS 13. Constitution of Joint Board. 14. Composition of Joint Boards. 15. Special provision relating to giving of directions. CHAPTER IV POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board. 17. Functions of State Board. 18. Powers to give directions. CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION 19. Power of State Government to restrict the application of the Act to certain areas. 20. Power to obtain information. 21. Power to take samples of effluents and procedure to be followed in connection therewith. 1 ----- SECTIONS 22. Reports of the result of analysis on samples taken under section 21. 23. Power of entry and inspection. 24. Prohibition on use of stream or well for disposal of polluting matter, etc. 25. Restrictions on new outlets and new discharges. 26. Provision regarding existing discharge of sewage or trade effluent. 27. Refusal or withdrawal of consent by State Board. 28. Appeals. 29. Revision. 30. Power of State Board to carry out certain works. 31. Furnishing of information to State Board and other agencies in certain cases. 32. Emergency measures in case of pollution of stream or well. 33. Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells. 33A. Power to give directions. CHAPTER VI FUNDS, ACCOUNTS AND AUDIT 34. Contributions by Central Government. 35. Contributions by State Government. 36. Fund of Central Board. 37. Fund of State Board. 37A. Borrowing powers of Board. 38. Budget. 39. Annual report. 40. Accounts and audit. CHAPTER VII PENALTIES AND PROCEDURE 41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders issued under clause (c) of sub-section (1) of section 32. 42. Penalty for certain acts. 43. Penalty for contravention of provisions of section 24. 44. Penalty for contravention of section 25 or section 26. 45. Enhanced penalty after previous conviction. 45A. Penalty for contravention of certain provisions of the Act. 46. Publication of names of offenders. 47. Offences by companies. 48. Offences by Government Departments. 2 ----- SECTIONS 49. Cognizance of offences. 50. Members, officers and servants of Board to be public servants. CHAPTER VIII MISCELLANEOUS 51. Central Water Laboratory. 52. State Water Laboratory. 53. Analysts. 54. Reports of analysts. 55. Local authorities to assist. 56. Compulsory acquisition of land for the State Board. 57. Returns and reports. 58. Bar of jurisdiction. 59. Protection of action taken in good faith. 60. Overriding effect. 61. Power of Central Government to supersede the Central Board and Joint Boards. 62. Power of State Government to supersede State Board. 63. Power of Central Government to make rules. 64. Power of State Government to make rules. 3 ----- # THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 ACT NO. 6 OF 1974 [23rd March, 1974.] # An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, application and commencement.—(1) This Act may be called the Water (Prevention** and Control of Pollution) Act, 1974. (2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force, at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Central Board or a State Board; 1[(b) “Central Board” means the Central Pollution Control Board constituted under section 3;] (c) “member” means a member of a Board and includes the chairman thereof; 2[(d) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;] 1. Subs. by Act 53 of 1988, s. 2, for clause (b) (w.e.f. 29-9-1988). 2. Subs. by s. 2, ibid., for clause (d) (w.e.f. 29-9-1988). 4 ----- 1[(dd) “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution;] (e) “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms; (f) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (g) “sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains; 1[(gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;] 2[(h) “State Board” means a State Pollution Control Board constituted under section 4;] (i) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (j) “stream” includes— (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (iv) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf; (k) “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [3][industry, operation or process, or treatment and disposal system], other than domestic sewage. CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION **3. Constitution of Central Boards.—(1) The Central Government shall, with effect from such date** (being a date not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called the [4][Central Pollution Control Board] to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2) The Central Board shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [5][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; 1. Ins. by Act 44 of 1978, s. 2 (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 2, for clause (h) (w.e.f. 29-9-1988). 3. Subs. by s. 2, ibid., for “trade or industry” (w.e.f. 29-9-1988). 4. Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-91988). 5. Subs. by Act 44 of 1978, s. 3, for “matters relating to the use and conservation of water resources or the prevention and control of water pollution” (w.e.f. 12-12-1978). 5 ----- (b) [1][such number of officials, not exceeding five,] to be nominated by the Central Government to represent that Government; (c) such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4; (d) [2][such number of non-officials, not exceeding three,] to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; [3][(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] (3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued. **4. Constitution of State Board.—(1) The State Government shall, with effect from such date [4]*** as** it may, by notification in the Official Gazette, appoint, constitute a [5][State Pollution Control Board], under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2) A State Board shall consist of the following members, namely:— (a) a [6]*** chairman, being a person having special knowledge or practical experience in respect of [7][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government: 8[Provided that the chairman may be either whole-time or part-time as the State Government may may think fit;] (b) [9][such number of officials, not exceeding five,] to be nominated by the State Government to represent that Government; (c) [10][such number of persons, not exceeding five,] to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) [11][such number of non-officials, not exceeding three,] to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 1. Subs. by Act 44 of 1978, s. 3, for “five officials” (w.e.f. 12-12-1978). 2. Subs. by s. 3, ibid., for “three non-officials” (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988). 4. The brackets and words “(being a date not later than six months of the commencement of the Act in the State)” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 5. Subs. by Act 53 of 1988, s. 4, for “State Board” (w.e.f. 29-9-1988). 6. The word “full-time” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 7. Subs. by s. 4, ibid., for certain words (w.e.f. 12-12-1978). 8. The proviso ins. by s. 4, ibid. (w.e.f. 12-12-1978). 9. Subs. by s. 4, ibid., for “five officials” (w.e.f. 12-12-1978). 10. Subs. by s. 4, ibid., for “five persons” (w.e.f. 12-12-1978). 11. Subs. by s. 4, ibid., for “three non-officials” (w.e.f. 12-12-1978). 6 ----- 1[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the State Government.] (3) Every State Board shall be a body corporate with the name specified by the State Government in the notification under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue or be sued. (4) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory: Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify. **5. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this** Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from the date of his nomination: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the Central Government or the State Government or, as the case may be, the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.] (3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same. (4) A member of a Board, other than the member-secretary, may at any time resign his office by writing under his hand addressed— (a) in the case of the chairman to the Central Government or, as the case may be, the State Government; and (b) in any other case, to the chairman of the Board, and the seat of the chairman or such other member shall thereupon become vacant. (5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board, [3][or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or managed by the Central Government or the State Government and such vacation of seat shall, in either case, take effect from such date as the Central Government or, as the case may be, the State Government may, by notification in the Official Gazette, specify]. (6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated. (7) A member of a Board [4][shall be eligible for renomination]. 1. Subs. by Act 53 of 1988, s. 4, for clause (f) (w.e.f. 29-9-1988). 2. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978). 3. Subs. by s. 5, ibid., for certain words, brackets, letters and figures (w.e.f. 12-12-1978). 4. Subs. by Act 53 of 1988, s. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29-9-1988). 7 ----- (8) The other terms and conditions of service of a member of a Board, other than the chairman and member-secretary, shall be such as may be prescribed. (9) The other terms and conditions of service of the chairman shall be such as may be prescribed. **6. Disqualifications.—(1) No person shall be a member of a Board, who—** (a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as the case may be, of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or (g) has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his position as a member, as to render his continuance on the Board detrimental to the interest of the general public. (2) No order of removal shall be made by the Central Government or the State Government, as the case may be, under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has been removed under this section shall not be eligible for renomination as a member. **7. Vacation of seats by members.—If a member of a Board becomes subject to any of the** disqualifications specified in section 6, his seat shall become vacant. **8. Meetings of Board.—A Board shall meet at least once in every three months and shall observe** such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. **9. Constitution of committees.—(1) A Board may constitute as many committees consisting wholly** of members or wholly of other persons or partly of members and partly of other persons, and for such purpose or purposes as it may think fit. (2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. (3) The members of a committee (other than the members of the Board) shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board as may be prescribed. **10. Temporary association of persons with Board for particular purposes.—(1) A Board may** associate with itself in such manner, and for such purposes, as may be prescribed any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. 8 ----- (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board, and shall not be a member for any other purpose. 1[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board, as may be prescribed.] **11. Vacancy in Board not to invalidate acts or proceedings.—No act or proceeding of a Board or** any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be. 2[11A. Delegation of powers to Chairman.—The Chairman of a Board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board.] **12. Member-secretary and officers and other employees of Board.—(1) The terms and conditions** of service of the member-secretary shall be such as may be prescribed. (2) The member-secretary shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board or its chairman. (3) Subject to such rules as may be made by the Central Government or, as the case may be, the State Government in this behalf, a Board may appoint such officers and employees as it considers necessary for the efficient performance of its functions [3]***. 4[(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of the officers (other than the member-secretary) and other employees of the Central Board or a State Board shall be such as may be determined by regulations made by the Central Board or, as the case may be, by the State Board: Provided that no regulation made under this sub-section shall take effect unless,— (a) in the case of a regulation made by the Central Board, it is approved by the Central Government; and (b) in the case of a regulation made by a State Board, it is approved by the State Government.] 5[(3B) The Board may, by general or special order, and subject to such conditions and limitations, if any, as may be specified in the order delegate to any officer of the Board such of its powers and functions under this Act as it may deem necessary.] (4) Subject to such conditions as may be prescribed, a Board may from time to time appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms and conditions of service as it thinks fit. CHAPTER III JOINT BOARDS **13. Constitution of Joint Board.—(1) Notwithstanding anything contained in this Act, an agreement** may be entered into— (a) by two or more Governments of contiguous States, or (b) by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, 1. Ins. by Act 44 of 1978, s. 6 (w.e.f. 12-12-1978). 2. Ins. by s. 7, ibid. (w.e.f. 12-12-1978). 3. Certain words omitted by s. 8, ibid. (w.e.f. 12-12-1978). 4. Ins. by s. 8, ibid. (w.e.f. 12-12-1978). 5. Ins. by Act 53 of 1988, s. 6 (w.e.f. 29-9-1988). 9 ----- to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a Joint Board,— (i) in a case referred to in clause (a), for all the participating States, and (ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States. (2) An agreement under this section may— (a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of the expenditure in connection with the Joint Board; (b) determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly; (c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State Governments and in a case referred to in clause (b) of that sub-section, between the Central Government and the participating State Government or State Governments either generally or with reference to particular matters arising under this Act; (d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement. (3) An agreement under this section shall be published, in a case referred to in clause (a) of sub-section (1), in the Official Gazette of the participating States and in a case referred to in cause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and participating State or States. **14. Composition of Joint Boards.—(1) A Joint Board constituted in pursuance of an agreement** entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [1][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government; (c) one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned; (d) one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] 1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 10 ----- (2) A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:— (a) a full-time chairman, being a person having special knowledge or practical experience in respect of [1][matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (c) one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (d) one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] (3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub-section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which the Joint Board is constituted. (4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and sections 5 to 12 (inclusive) shall apply in relation to the Joint Board and its member-secretary as they apply in relation to a State Board and its member-secretary. (5) Any reference in this Act to the State Board shall, unless the context otherwise requires, be construed as including a Joint Board. **15. Special provision relating to giving of directions.—Notwithstanding anything contained in this** Act where any Joint Board is constituted under section 13,— (a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State; (b) the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory. 1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 11 ----- CHAPTER IV POWERS AND FUNCTIONS OF BOARDS **16. Functions of Central Board.—(1) Subject to the provisions of this Act, the main function of the** Central Board shall be to promote cleanliness of streams and wells in different areas of the States. (2) In particular and without prejudice to the generality of the foregoing function, the Central Board may perform all or any of the following functions, namely:— (a) advise the Central Government on any matter concerning the prevention and control of water pollution; (b) co-ordinate the activities of the State Boards and resolve disputes among them; (c) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (d) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify; (e) organise through mass media a comprehensive programme regarding the prevention and control of water pollution; 1[(ee) perform such of the functions of any State Board as may be specified in an order made under sub- section (2) of section 18;] (f) collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith; (g) lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well: Provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells; (h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution; (i) perform such other functions as may be prescribed. (3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. **17. Functions of State Board.—(1) Subject to the provisions of this Act, the functions of a State** Board shall be— (a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; (c) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof; 1. Ins. by Act 53 of 1988, s. 8 (w.e.f. 29-9-1988). 12 ----- (d) to encourage, conduct and participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (e) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating, to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto; (f) to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act; (g) to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State; (h) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution; (i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture; (j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution; (k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents; (l) to make, vary or revoke any order— (i) for the prevention, control or abatement of discharges of waste into streams or wells; (ii) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution; (m) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents; (n) to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well; (o) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government. (2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. **18. Powers to give directions.—[1][(1)] In the performance of its functions under this Act—** (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: 1. S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 13 ----- Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. 1[(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order. (3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand. (4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.] CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION **19. Power of State Government to restrict the application of the Act to certain** **areas.—(1) Notwithstanding anything contained in this Act, if the State Government, after consultation** with, or on the recommendation of, the State Board, is of opinion that the provisions of this Act need not apply to the entire State, it may, by notification in the Official Gazette, restrict the application of this Act to such area or areas as may be declared therein as water pollution, prevention and control area or areas and thereupon the provisions of this Act shall apply only to such area or areas. (2) Each water pollution, prevention and control area may be declared either by reference to a map or by reference to the line of any watershed or the boundary of any district or partly by one method and partly by another. (3) The State Government may, by notification in the Official Gazette,— (a) alter any water pollution, prevention and control area whether by way of extension or reduction; or (b) define a new water pollution, prevention and control area in which may be merged one or more water pollution, prevention and control areas, or any part or parts thereof. **20. Power to obtain information.—(1) For the purpose of enabling a State Board to perform the** functions conferred on it by or under this Act, the State Board or any officer empowered by it in that behalf, may make surveys of any area and gauge and keep records of the flow or volume and other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such area or any part thereof and for the installation and maintenance for those purposes of gauges or other apparatus and works connected therewith, and carry out stream surveys and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid. (2) A State Board may give directions requiring any person who in its opinion is abstracting water from any such stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream well or is discharging sewage or trade effluent into any such stream or well, to give such information as to the abstraction or the discharge at such times and in such form as may be specified in the directions. 1. Ins. by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 14 ----- (3) Without prejudice to the provisions of sub-section (2), a State Board may, with a view to preventing or controlling pollution of water, give directions requiring any person in charge of any establishment where any [1][industry, operation or process, or treatment and disposal system] is carried on, to furnish to it information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment and such other particulars as may be prescribed. **21. Power to take samples of effluents and procedure to be followed in connection** **therewith.—(1) A State Board or any officer empowered by it in this behalf shall have power to take for** the purpose of analysis samples of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well. (2) The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with. (3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample shall— (a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed; (b) in the presence of the occupier or his agent, divide the sample into two parts; (c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent; (d) send one container forthwith,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognised by the Central Board under section 16; and (ii) in any other case, to the laboratory established or recognised by the State Board under section 17; (e) on the request of the occupier or his agent, send the second container,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and (ii) in any other case, to the laboratory established or specified under sub-section (1) of section 52. 2[(4) When a sample of any sewage or trade affluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent wilfully absents himself, then,— (a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent; and (b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an arrear of land revenue or of public demand: 1. Subs. by Act 53 of 1988, s. 10, for “industry or trade” (w.e.f. 29-9-1988). 2. Subs. by Act 44 of 1978, s. 10, for sub-section (4) (w.e.f. 12-12-1978). 15 ----- Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter.] (5) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section (3) and the occupier or his agent who is present at the time of taking the sample does not make a request for dividing the sample into two parts as provided in clause (b) of sub-section (3), then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3). **22. Reports of the result of analysis on samples taken under section 21.—(1) Where a sample of** any sewage or trade effluent has been sent for analysis to the laboratory established or recognised by the Central Board or, as the case may be, the State Board, the concerned Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed form of the result of such analysis in triplicate to the Central Board or the State Board, as the case may be. (2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central Board or the State Board, as the case may be, to the occupier or his agent referred to in section 21, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the concerned Board. (3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of section 21 to any laboratory mentioned therein, the Government analyst referred to in that sub-section shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central Board or, as the case may be, the State Board which shall comply with the provisions of sub-section (2). (4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by the laboratory established or recognised by the Central Board or the State Board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail. (5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand. **23. Power of entry and inspection.—(1) Subject to the provisions of this section, any person** empowered by a State Board in this behalf shall have a right at any time to enter, with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the Board entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorisation served, made, given, or granted under this Act is being or has been complied with; (c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder: Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes. 16 ----- (2) The provisions of [1][the Code of Criminal Procedure, 1973 (2 of 1974)], or, in relation to the State of Jammu and Kashmir, the provisions of any corresponding law in force in that State, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under [2][section 94] of the said Code, or, as the case may be, under the corresponding provisions of the said law. _Explanation.—For the purposes of this section, “place” includes vessel._ **24. Prohibition on use of stream or well for disposal of polluting matter, etc.—(1) Subject to the** provisions of this section,— (a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any [3][stream or well or sewer or on land]; or (b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. (2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or caused to be done any of the following acts, namely:— (a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain; (b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream; (c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream; (d) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream. (3) The State Government may, after consultation with, or on the recommendation of, the State Board, exempt, by notification in the Official Gazette, any person from the operation of sub-section (1) subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification be altered, varied or amended. **25. Restrictions on new outlets and new discharges.—[4][(1) Subject to the provisions of this section,** no person shall, without the previous consent of the State Board,— (a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or (b) bring into use any new or altered outlet for the discharge of sewage; or (c) begin to make any new discharge of sewage: Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988), for which no consent was necessary prior to such commencement, 1. Subs. by Act 44 of 1978, s. 11, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978). 2. Subs. by s. 11, ibid., for “section 98” (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 11, for “stream or well” (w.e.f. 29-9-1988). 4. Subs. by s. 12, ibid., for sub-sections (1) and (2) (w.e.f. 29-9-1988). 17 ----- may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application. (2) An application for consent of the State Board under sub-section (1) shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed.] (3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may be prescribed. 1[(4) The State Board may— (a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being— (i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage; (ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and (iii) that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system of extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or (b) refuse such consent for reasons to be recorded in writing. (5) Where, without the consent of the State Board, any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may serve on the person who has established or taken steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge. (6) Every State Board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.] (7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board. (8) For the purposes of this section and sections 27 and 30,— (a) the expression “new or altered outlet” means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement; (b) the expression “new discharge” means a discharge which is not, as respects to nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so 1. Subs. by Act 53 of 1988, s. 12, for sub-sections (4), (5) and (6) (w.e.f. 29-9-1988). 18 ----- however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge. **26. Provision regarding existing discharge of sewage or trade effluent.—Where immediately** before the commencement of this Act any person was discharging any sewage or trade effluent into a [1][stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-section (2) of that section [2][shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette]. **27. Refusal or withdrawal of consent by State Board.—[3][(1) A State Board shall not grant its** consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] 4[(2) A State Board may from time to time review— 5[(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition;] (b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.] (3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section. **28. Appeals.—(1) Any person aggrieved by an order made by the State Board under section 25,** section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 6[(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government.] (3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed. (4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible. 1. Subs. by Act 44 of 1978, s. 13, for “stream or well” (w.e.f. 12-12-1978). 2. Subs. by s. 13, ibid., for certain words (w.e.f. 12-12-1978). 3. Subs. by Act 53 of 1988, s. 13, for sub-section (1) (w.e.f. 29-9-1988). 4. Subs. by Act 44 of 1978, s. 14, for sub-section (2) (w.e.f. 12-12-1978). 5. Subs. by Act 53 of 1988, s. 13, for clause (a) (w.e.f. 29-9-1988). 6. Subs. by Act 44 of 1978, s. 15, for sub-section (2) (w.e.f. 12-12-1978). 19 ----- (5) If the appellate authority determines that any condition imposed, or the variation of any condition, as the case may be, was unreasonable, then,— (a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable; (b) where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable. **29. Revision.—(1) The State Government may at any time either of its own motion or on an** application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think it: Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter. (2) The State Government shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority. **30. Power of State Board to carry out certain works.—[1][(1) Where under this Act, any conditions** have been imposed on any person while granting consent under section 25 or section 26 and such conditions require such person to execute any work in connection therewith and such work has not been executed within such time as may be specified in this behalf, the State Board may serve on the person concerned a notice requiring him within such time (not being less than thirty days) as may be specified in the notice to execute the work specified therein.] (2) If the person concerned fails to execute the work as required in the notice referred to in sub-section (1), then, after the expiration of the time specified in the said notice, the State Board may itself execute or cause to be executed such work. (3) All expenses incurred by the State Board for the execution of the aforesaid work, together with interest, at such rate as the State Government may, by order, fix, from the date when a demand for the expenses is made until it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue, or of public demand. **31. Furnishing of information to State Board and other agencies in certain cases.—[2][(1) If at any** place where any industry, operation or process, or any treatment and disposal system or any extension or addition thereto is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or sewer or on land and, as a result of such discharge, the water in any stream or well is being polluted, or is likely to be polluted, then the person incharge of such place shall forthwith intimate the occurrence of such accident, act or event to the State Board and such other authorities or agencies as may be prescribed.] (2) Where any local authority operates any sewerage system or sewage works, the provisions of sub-section (1) shall apply to such local authority as they apply in relation to the person in charge of the place where any industry or trade is being carried on. 1. Subs. by Act 53 of 1988, s. 14, for sub-section (1) (w.e.f. 29-9-1988). 2. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 29-9-1988). 20 ----- **32. Emergency measures in case of pollution of stream or well.—(1) Where it appears to the** State Board that any poisonous, noxious or polluting matter is present in [1][any stream or well or on land by reason of the discharge of such matter in such stream or well or on such land] or has entered into that stream or well due to any accident or other unforeseen act or event, and if the Board is of opinion that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider necessary for all or any of the following purposes, that is to say,— (a) removing that matter from the [2][stream or well or on land] and disposing it of in such manner as the Board considers appropriate; (b) remedying or mitigating any pollution caused by its presence in the stream or well; (c) issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter [3][into the stream or well or on land], or from making insanitary use of the stream or well. (2) The power conferred by sub-section (1) does not include the power to construct any works other than works of a temporary character which are removed on or before the completion of the operations. **33. Power of Board to make application to courts for restraining apprehended pollution of** **water in streams or wells.—[4][(1) Where it is apprehended by a Board that the water in any stream or** well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.] (2) On receipt of an application under sub-section (1) the court may make such order as it deems fit. (3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order— (i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and (ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court. (4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. 5[33A. Power to give directions.—Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. _Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions_ under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.] 1. Subs. by Act 53 of 1988, s. 16, for “any stream or well” (w.e.f. 29-9-1988). 2. Subs. by s. 16, ibid., for “stream or well” (w.e.f. 29-9-1988). 3. Subs. by s. 16, ibid., for “into the stream or well” (w.e.f. 29-9-1988). 4. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 29-9-1988). 5. Ins. by s. 18, ibid. (w.e.f. 29-9-1988). 21 ----- CHAPTER VI FUNDS, ACCOUNTS AND AUDIT **34. Contributions by Central Government.—The Central Government may, after due appropriation** made by Parliament by law in this behalf, make in each financial year such contributions to the Central Board as it may think necessary to enable the Board to perform its functions under this Act. **35. Contributions by State Government.—The State Government may, after due appropriation** made by the Legislature of the State by law in this behalf, make in each financial year such contributions to the State Board as it may think necessary to enable that Board to perform its functions under this Act. **36. Fund of Central Board.—(1) The Central Board shall have its own fund, and all sums which** may, from time to time, be paid to it by the Central Government and all other receipts (by way of gifts, grants, donations, benefactions [1][, fees] or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) The Central Board may expend such sums as it thinks fit for performing its functions under this Act, [1][and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the Central Board, also for performing its functions under such law] and such sums shall be treated as expenditure payable out of the fund of the Board. **37. Fund of State Board.—(1) The State Board shall have its own fund, and the sums which may,** from time to time, be paid to it by the State Government and all other receipts (by way of gifts, grants, donations, benefactions [2][, fees] or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) The State Board may expend such sums as it thinks fit for performing its functions under this Act, 2[and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the State Board, also for performing its functions under such law] and such sums shall be treated as expenditure payable out of the fund of that Board. 3[37A. Borrowing powers of Board.—A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this Act.] **38. Budget.—The Central Board or, as the case may be, the State Board shall, during each financial** year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. 4[39. Annual report.—(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months from the last date of the previous financial year. (2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the last date of the previous financial year.] 1. Ins. by Act 44 of 1978, s. 16 (w.e.f. 12-12-1978). 2. Ins. by s. 17, ibid. (w.e.f. 12-12-1978). 3. Ins. by Act 53 of 1988, s. 19 (w.e.f. 29-9-1988). 4. Subs. by s. 20, ibid., for section 39 (w.e.f. 29-9-1988). 22 ----- **40. Accounts and audit.—(1) Every Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government. (2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956). (3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India. (4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government. (6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament. (7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature. CHAPTER VII PENALTIES AND PROCEDURE 1[41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or **orders issued under clause (c) of sub-section (1) of section 32 or directions issued under** **sub-section (2) of section 33 or section 33A.—(1) Whoever fails to comply with the direction given** under sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (2) Whoever fails to comply with any order issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (3) If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.] **42. Penalty for certain acts.—(1) Whoever—** (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or (c) damages any works or property belonging to the Board, or (d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or (e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or 1. Subs. by Act 53 of 1988, s. 21, for section 41 (w.e.f. 29-9-1988). 23 ----- (f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material particular, or (g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to [1][ten thousand rupees] or with both. (2) Where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use of meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to [1][ten thousand rupees] or with both. **43. Penalty for contravention of provisions of section 24.—Whoever contravenes the provisions of** section 24 shall be punishable with imprisonment for a term which shall not be less than [2][one year and six months] but which may extend to six years and with fine. **44. Penalty for contravention of section 25 or section 26.—Whoever contravenes the provisions of** section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than 2[one year and six months] but which may extend to six years and with fine. **45. Enhanced penalty after previous conviction.—If any person who has been convicted of any** offence under section 24 or section 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than [3][two years] but which may extend to seven years and with fine: Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. 4[45A. Penalty for contravention of certain provisions of the Act.—Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure.] **46. Publication of names of offenders.—If any person convicted of an offence under this Act** commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. **47. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 1. Subs. by Act 53 of 1988, s. 22, for “one thousand rupees” (w.e.f. 29-9-1988). 2. Subs. by s. 23, ibid., for “six months” (w.e.f. 29-9-1988). 3. Subs. by s. 24, ibid., for “one year” (w.e.f. 29-9-1988). 4. Ins. by s. 25, ibid. (w.e.f. 29-9-1988). 24 ----- (2) Notwithstanding anything contained in sub-section (1), where, an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) ”company” means any body corporate, and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **48. Offences by Government Departments.—Where an offence under this Act has been committed** by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. **49. Cognizance of offences.—[1][(1) No court shall take cognizance of any offence under this Act** except on a complaint made by— (a) a Board or any officer authorised in this behalf by it; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.] 2[(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person: Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.] 3[(3)] Notwithstanding anything contained in 4[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any [5][Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act. **50. Members, officers and servants of Board to be public servants.—All members, officers and** servants of a Board when acting or purporting to act in pursuance of any of the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). CHAPTER VIII MISCELLANEOUS **51. Central Water Laboratory.—(1) The Central Government may, by notification in the Official** Gazette,— (a) establish a Central Water Laboratory; or 1. Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988). 2. Ins. by s. 26, ibid. (w.e.f. 29-9-1988). 3. Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988). 4. Subs. by Act 44 of 1978, s. 19, for “section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978). 5. Subs. by s. 19, ibid., for “Magistrate of the first class or for any Presidency Magistrate” (w.e.f. 12-12-1978). 25 ----- (b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act. (2) The Central Government may, after consultation with the Central Board, make rules prescribing— (a) the functions of the Central Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereunder and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **52. State Water Laboratory.—(1) The State Government may, by notification in the Official** Gazette,— (a) establish a State Water Laboratory; or (b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the State Water Laboratory under this Act. (2) The State Government may, after consultation with the State Board, make rules prescribing— (a) the functions of the State Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **53. Analysts.—(1) The Central Government may, by notification in the Official Gazette, appoint such** persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 51. (2) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 52. (3) Without prejudice to the provisions of sub-section (3) of section 12, the Central Board or, as the case may be, the State Board may, by notification in the Official Gazette, and with the approval of the Central Government or the State Government, as the case may be, appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or recognised under section 16, or, as the case may be, under section 17. **54. Reports of analysts.—Any document purporting to be a report signed by a Government analyst** or, as the case may be, a Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act. **55. Local authorities to assist.—All local authorities shall render such help and assistance and** furnish such information to the Board as it may require for the discharge of its functions, and shall make available to the Board for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its functions. **56. Compulsory acquisition of land for the State Board.—Any land required by a State Board for** the efficient performance of its functions under this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the State Board under the provisions of the Land Acquisition Act, 1894 (1 of 1894), or under any other corresponding law for the time being in force. 26 ----- **57. Returns and reports.—The Central Board shall furnish to the Central Government, and a** State Board shall furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information with respect to its fund or activities as that Government, or, as the case may be, the Central Board may, from time to time, require. **58. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in** respect of any matter which an appellate authority constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **59. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** the Government or any officer of Government or any member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. **60. Overriding effect.—The provisions of this Act shall have effect notwithstanding anything** inconsistent therewith contained in any enactment other than this Act. **61. Power of Central Government to supersede the Central Board and Joint Boards.—(1) If at** any time the Central Government is of opinion— (a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be. (2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any Joint Board,— (a) all the members shall, as from the date of supersession vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may— (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment: Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. 27 ----- **62. Power of State Government to supersede State Board.—(1) If at any time the State** Government is of opinion— (a) that the State Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board. (2) Upon the publication of a notification under sub-section (1) superseding the State Board, the provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the State Board as they apply in relation to the supersession of the Central Board or a Joint Board by the Central Government. **63. Power of Central Government to make rules.—(1) The Central Government may,** simultaneously with the constitution of the Central Board, make rules in respect of the matters specified in sub-section (2): Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5; (b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under sub-section (3) of section 9; 1[(d) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 10 and the fees and allowances payable to such persons;] (e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) conditions subject to which a person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board; 2* * * * * (j) the form of the report of the Central Board analyst under sub-section (1) of section 22; (k) the form of the report of the Government analyst under sub-section (3) of section 22; 1. Subs. by Act 44 of 1978, s. 20, for clause (d) (w.e.f. 12-12-1978). 2. Clauses (h) and (i) omitted by s. 20, ibid. (w.e.f. 12-12-1978). 28 ----- 1[(l) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 38; (ll) the form in which the annual report of the Central Board may be prepared under section 39;] (m) the form in which the accounts of the Central Board may be maintained under section 40; 2[(mm) the manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49;] (n) any other matter relating to the Central Board, including the powers and functions of that Board in relation to Union territories; (o) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, [3][before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **64. Power of State Government to make rules.—(1) The State Government may, simultaneously** with the constitution of the State Board, make rules to carry out the purposes of this Act in respect of matters not falling within the purview of section 63: Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the terms and conditions of service of the members (other than the chairman and the member-secretary) of the State Board under sub-section (8) of section 5; (b) the time and place of meetings of the State Board or of any committee of that Board constituted under this Act and the procedure to be followed at such meeting, including the quorum necessary for the transaction of business under section 8 and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the State Board as are not members of the Board under sub-section (3) of section 9; (d) the manner in which and the purposes for which persons may be associated with the State Board under sub-section (1) of section 10 [4][and the fees and allowances payable to such persons]; (e) the terms and conditions of service of the chairman and the member-secretary of the State Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) the conditions subject to which a person may be appointed as a consulting engineer to the State Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and discharged by the chairman and the member-secretary of the State Board; (h) the form of the notice referred to in section 21; (i) the form of the report of the State Board analyst under sub-section (1) of section 22; 1. Subs. by Act 53 of 1988, s. 27, for clause (l) (w.e.f. 29-9-1988). 2. Ins. by s. 27, ibid. (w.e.f. 29-9-1988). 3. Subs. by Act 44 of 1978, s. 20, for certain words (w.e.f. 12-12-1978). 4. Ins. by s. 21, ibid. (w.e.f. 12-12-1978). 29 ----- (j) the form of the report of the Government analyst under sub-section (3) of section 22; (k) the form of application for the consent of the State Board under sub-section (2) of section 25, and the particulars it may contain; (l) the manner in which inquiry under sub-section (3) of section 25 may be made in respect of an application for obtaining consent of the State Board and the matters to be taken into account in granting or refusing such consent; (m) the form and manner in which appeals may be filed, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3) of section 23; 1[(n) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 38; (nn) the form in which the annual report of the State Board may be prepared under section 39;] (o) the form in which the accounts of the State Board may be maintained under sub-section (1) of section 40; 2[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorised by it under section 49;] (p) any other matter which has to be, or may be, prescribed. 1. Subs. by Act 53 of 1988, s. 28, for clause (n) (w.e.f. 29-9-1988). 2. Ins. by s. 28, ibid. (w.e.f. 29-9-1988). 30 -----

7-Feb-1917

1

The inland vessels act, 1917

https://www.indiacode.nic.in/bitstream/123456789/19019/1/inland_vessel_act_1917.pdf

Andaman and Nicobar Islands

SECTIONS 1. Short title and extent. 2. Definitions. # THE INLAND VESSELS ACT, 1917 (Modified as on 3[rd] December, 2018) # __________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY CHAPTER II SURVEY OF INLAND MECHANICALLY PROPELLED VESSELS 3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service without certificate of survey. 4. Appointment of surveyors and places of survey. 5. Powers of surveyors. 6. Fees in respect of surveys. 7. Declaration of surveyor. 8. Sending of declaration by owner or master to State Government. 9. Power for State Government to grant or authorise the grant of certificates of survey. 9A. Temporary permit. 10. Certificate of survey to be affixed in conspicuous part of mechanically propelled vessel. 10A. Effect of certificates of survey. 11. Term of certificates of survey. 12. Renewal of certificates of survey. 13. Power for State Government to suspend or cancel certificate of survey. 14. Power for State Government to require delivery of expired or cancelled certificate. 15. Report of suspension or cancellation of certain certificates. 16. Power for State Government to direct survey by two surveyors. 17. Power for State Government to order a second survey. 18. Division of duties when two surveyors employed. 19. Power for State Government to make rules as to surveys. CHAPTER IIA REGISTRATION OF INLAND MECHANICALLY PROPELLED VESSELS 19A. Inland mechanically propelled vessels not to proceed on voyage or be used for service without certificate of registration. 19B. Place of registry and registering authorities. 19C. Book of registration. 19D. Application for registration. 1 ----- SECTIONS 19E. Places of registration. 19F. Grant of certificate of registration. 19G. [Omitted.]. 19H. Marking of inland mechanically propelled vessels. 19I. Prohibition against transfer of certificate of registration. 19J. Registration of alterations. 19K. Transfer of registry. 19L. Change of residence or place of business. 19M. Prohibition against transfer of ownership of registered vessel. 19N. Suspension of certificates of registration. 19O. Cancellation of registration. 19P. Appeals. 19Q. Reciprocity. 19QA. Mortgage of mechanically propelled vessel or share. 19R. Power to make rules. 19S. Certain certificates issued under Merchant Shipping Act to be valid under this Act. CHAPTER III MASTERS INCLUDING SERANGS AND ENGINEERS INCLUDING ENGINE-DRIVERS OF INLAND MECHANICALLY PROPELLED VESSELS 20. Appointment of examiners. 21. Grant „of masters‟, serangs‟, engineers‟ and engine-drivers‟ certificates of competency. 22. Grant of masters‟, serangs‟, engineers‟ and engine-drivers‟ certificates of service. 22A. Licences. 23. Certificates to be made in duplicate. 24. Copy of certificate or licence to be granted in certain cases. 25. Certificates to be held by master and engineer of vessel of one hundred or more horsepower. 26. Certificates to be held by master and engineer of vessel of between forty and one hundred horse power. 27. Certificates to be held by master and engineer of vessel of less than forty horse-power. 28. Power for State Government to require master or engineer to hold certificate granted under Act in addition to other .certificate. 29. Power for State Government to make rules as to grant of certificates of competency. 30. Power for State Government to make rules as to grant of certificates of service. 30A. Power for State Government to make rules as to grant of licences. 31. Effect of certificates of competency or service and licences. CHAPTER IV INVESTIGATIONS INTO CASUALTIES 32. Report of casualties to be made to nearest police-station. 2 ----- SECTIONS 33. Power for State Government to appoint court of investigation. 34. Power of Court of investigation to inquire into charges of incompetency or misconduct. 35. Power for State Government to direct investigation otherwise than under section 33. 36. Person charged to be heard. 37. Assessors. 38. Powers of Court as to evidence and regulation of proceedings. 39. Power of Court to effect arrest of witnesses by entry and detention of vessels. 40. Power of Court to commit for trial and to bind over witnesses. 41. Depositions of absent witnesses. 42. Report by Court to State Government. 43. Court to exercise its powers independently of the assessors. 44. Power for State Government to direct investigations into causes of explosions on mechanically propelled vessels. CHAPTER IVA REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION 44A. Raising of or removal of wreck impeding navigation, etc. 44B. Removal of obstruction in inland water. 44C. Recovery of expenses of removal. 44D. Removal of lawful obstruction. 44E. Fouling of Government moorings. CHAPTER V SUSPENSION AND CANCELLATION OF CERTIFICATES GRANTED UNDER THE ACT 45. Power for State Government to suspend or cancel certificates in certain cases. 46. Obligation to deliver up suspended or cancelled certificate. 47. Report to other State Government. 48. Power for State Government to revoke suspension or cancellation, and to grant new certificate. CHAPTER VI PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND MECHANICALLY PROPELLED VESSELS 49. Power for State Government to declare dangerous goods. 50. Carriage of dangerous goods. 51. Power of owner or master of mechanically propelled vessel to throw overbroad dangerous goods. 52. Power for State Government to make rules for protection of inland mechanically propelled vessels from accidents. 53. Power for State Government to make rules as to carriage of passengers in inland mechanically propelled vessels. 54. Power for State Government to make rules for protection of passengers. 54A. Power of State Government to fix maximum and minimum rates for passenger fares and freight for goods. 3 ----- SECTIONS 54B. Power to make rules providing for the appointment of Advisory Committees. CHAPTER VIA INSURANCE OF MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS 54C. Application of section 134, Chapter X, XI and XII of the Motor Vehicles Act, 1988 in relation to the mechanically propelled vessels. CHAPTER VIAB 54D. Definitions. 54E. Prohibition as to discharge of oil, oily mixture, etc., in the inland water. 54F. Reception facilities at inland port, etc. 54G. Power of entry, inspection, etc. 54H. Powers of Central Government to make rules for prevention and control of pollution. CHAPTER VII PENALTIES AND LEGAL PROCEEDINGS 55. Penalty for making voyage without certificate of survey. 56. Penalty for neglect to affix certificate or survey in inland mechanically propelled vessel. 57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration. 58. Penalty for carrying excessive number of passengers on board. 58A. Penalty for carrying excessive quantity of cargo on board. 59. Penalty for serving, or engaging a person to serve, as master or engineer without certificate. 60. Penalty for master failing to give notice of wreck or casualty. 61. Penalty for failing to deliver up suspended or cancelled certificate. 62. Penalty for taking or delivering or tendering for carriage dangerous goods on board inland mechanically propelled vessel without notice. 62A. Punishment for offences relating to accident. 62B. Penalty for using uninsured mechanically propelled vessel. 62C.Penalty for neglect or refusal to give information as to insurance or to produce certificate of insurance. 62D. Punishment for offences relating to pollution. 62E. Offences by companies. 63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or life or limb. 63A. Desertion and absence without leave. 63B. General offences against discipline. 63C. Entry of offence in official log book. 63D. General provision for punishment of offences not otherwise provided for. 64. Levy of fine by distress of inland mechanically propelled vessel. 65. Jurisdiction of Magistrates. 66. Place of trial. 4 ----- CHAPTER VIII SUPPLEMENTAL SECTIONS 67. Power for State Government to make general rules. 68. Power for State Government to modify application of Act to certain inland mechanically propelled vessels. 69. Exemption to Government vessels from fees. 70. Power for Central Government to define tidal water. 71. Fees recoverable as fines. 72. Certificated masters of inland mechanically propelled vessels to be deemed pilots under section 31 of Act 15 of 1908. 72A. Endorsement of certificates and licences granted in Bangladesh. 73. [Omitted.]. 74. Publication of rules. 75. Repeal and saving. SCHEDULE I. _SCHEDULE II. [Repealed.]._ 5 ----- # THE INLAND VESSELS ACT, 1917 A CT N O. 1 OF 1917 [1] [7th February, 1917.] # An Act to consolidate the enactments relating to [2][Inland Vessels]. WHEREAS it is expedient to consolidate the enactments relating to [3][inland vessels]; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.** —(1) This Act may be called the [4][Inland Vessels] Act, 1917. 5[(2) It extends to the whole of India except the State of Jammu and Kashmir: 6* ***** ***** ***** ***** **2. Definitions.—** [7][1] In this Act, unless there is anything repugnant in the subject or context.— 8[(a) “inland vessel” or “inland mechanically propelled vessel” means a mechanically propelled vessel, which ordinarily plies on inland water, but does not include fishing vessel and a ship registered under the Merchant Shipping Act, 1958 (44 of 1958); (b) “inland water” means— (i) any canal, river, lake or other navigable water within a State, (ii) any area of any tidal water deemed to be the inland to be smooth and partially by the Central Government under section 70, (iii) waters declared by the Central Government to be smooth and partially smooth waters under clause (41) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); (c) “mechanically propelled vessel” means every description of vessel propelled wholly or in part by electricity, steam or other mechanical power including dumb vessel towed by mechanically propelled vessel and vessel propelled by outboard motor;] 9[(d)] “passenger” includes any person carried in a 10[mechanically propelled vessel] other than the master and crew and the owner, his family and servants; 9[(e)] “prescribed” means prescribed by any rule under this Act; 1. This Act— (i) has been amended in Bengal by Bengal Act 7 of 1940: (ii) came into force on 1st June, 1917, vide Gazette of India, 1917, Pt. I, p. 988; (iii) has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. And to Pondicherry on 1-10-1963; vide Reg. 7 of 1963, s. 3 and Sch. I. 2. Subs. by Act 35 of 1977, s. 2. for “Inland Steam-vessels” (w.e.f. 1-5-1978). 3. Subs. by s. 3, ibid., for “Inland Steam-vessels” (w.e.f. 1-5 1978). 4. Subs. by s. 4, ibid., for “Inland Steam-vessels” (w.e.f. 1-5-1978). 5. Subs. by Act 26 of 1951, s. 2, for sub-sections (2) and (3). 6. The proviso omitted by Act 35 of 2007, s. 2 (w.e.f. 21-2-2008). 7. Section 2 renumbered as sub-section (1) thereof by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978). 8. Subs. by Act 35 of 2007, s. 3, for clauses (a), (b) and (c) (w.e.f. 21-2-2008). 9. Clauses (3) and (4) lettered as clauses (d) and (e) by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978). 10. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978). 6 ----- 1* _*_ _*_ - 2[(f)] “survey” means the survey of a 3[mechanically propelled vessel] under this Act; 2[(g)] “surveyor” means a surveyor appointed under this Act; and 4[(ga) “tidal water” has the meaning assigned to it in clause (49) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);] 2[(h)] “voyage” includes the plying of a 3[mechanically propelled vessel] at or about any place, 5[(2) Any reference to the Inland Steam-vessels Act, 1917 (1 of 1917), in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Inland Vessels Act, 1917]. CHAPTER II SURVEY OF INLAND [3][ MECHNICALLY PROPELLED VESSELS] **3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service** **without certificate of survey.—(1) An inland [3][mechanically propelled vessel] shall not proceed on any** voyage, or be used for any service unless she has a certificate of survey in force [6][in the zone intended for for operation and applicable to such voyage or service in such zone]. (2) Nothing in this section shall apply to any [3][mechanically propelled vessel] proceeding on a voyage during the interval between the time at which her certificate of survey expires and the time at which it is first practicable to have the certificate renewed: 7[Explanation.—For the purpose of this sub-section, “zone” means any such inland water area as the State Government may, depending on the maximum significant wave height criteria, by notification in the Official Gazette, specify for the purpose of this Act.] **4. Appointment of surveyors and places, of survey.—(1) The State Government may, by** notification in the Official Gazette,— (a) declare such places, within the territories under its administration, as it thinks fit, to be places of survey, and (b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes of this Act. (2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). **5. Powers of surveyors.—(1) For the purposes of a survey, the surveyor may, at any reasonable time,** go on board any inland [3][mechanically propelled vessel], and may inspect the[ 3][mechanically propelled vessel] and every part thereof, including the hull, boilers, engines and other machinery, and all equipments and articles on board: Provided that he shall not unnecessarily hinder the loading or unloading of the [3][mechanically propelled vessel], or unnecessarily detain or delay her from proceeding on any voyage. (2) The owner, master and officers of the [3][mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the [3][mechanically propelled 1. Clause (5) omitted by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978). 2. Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by s. 6, ibid. (w.e.f. 1-5-1978). 3. Subs. by s. 5, ibid., for “steam-vessels” (w.e.f. 1-5-1978). 4. Ins. by Act 35 of 2007, s. 3 (w.e.f. 21-2-2008). 5. Ins. by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978). 6. Subs. by Act 35 of 2007, s. 4, for “and applicable to such voyage or service” (w.e.f. 21-2-2008). 7. Ins. by s. 4, ibid. (w.e.f. 21-2-2008). 7 ----- vessel], and her machinery or any part thereof, and all equipments and articles on board, as he may require for the purposes of a survey. **6. Fees in respect of surveys.—Before a survey is commenced, the owner or master of** the [1][mechanically propelled vessel] to be surveyed shall pay to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf — (a) a fee calculated on the tonnage of the [1][mechanically propelled vessel] according to the rates mentioned in Schedule I, or according to any other prescribed rates; and (b) when the survey is to be made in any place of survey other than Calcutta, Madras 2[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the State Government may by such notification direct. **7. Declaration of surveyor.—When the survey of a** [1][mechanically propelled vessel] is completed, if the surveyor making it is satisfied that— (a) the hull, boilers, engines and other machinery of the [1][mechanically propelled vessel] arc sufficient for the voyage or service intended and in good condition, and (b) the equipments of the [1][mechanically propelled vessel] and the certificates of the master and engineer are such and in such condition as arc required by any law for the time being in force and applicable to the [1][mechanically propelled vessel], the surveyor shall forthwith give to the owner or master a declaration in the prescribed form containing the particulars mentioned in clauses (a) and (b), and the following further particulars, namely:— (i) the time (if less than one year) for which the hull, boilers, engines and other machinery and equipments of the [1][mechanically propelled vessel] will be sufficient; (ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the [1][mechanically propelled vessel] is in the surveyor‟s judgment not fit to ply; (iii) the number of passengers (if any) which the [1][mechanically propelled vessel] is, in the judgment of the surveyor, fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins: the number to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances, as the case requires; 3*** 4[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in the judgment of the surveyor, fit to carry; and] (iv) any other prescribed particulars. **8. Sending of declaration by owner or master to State Government.—(1) The owner or** master of a [1][mechanically propelled vessel] to whom a declaration is given under section 7 shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. (2) If any owner or master fails to send a declaration as required by sub-section (1), he shall forfeit a sum not exceeding five rupees for every day during which the sending of the declaration is delayed. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by the A.O. 1937, for “Bombay or Rangoon”. 3. The word “and” omitted by Act 35 of 1977, s. 7 (w.e.f. 1-5-1978). 4. Ins. by s. 7 ibid. (w.e.f. 1-5-1978). 8 ----- **9. Power for State Government to grant or authorise the grant of certificates of** **survey.—(1)** The State Government shall, if satisfied that all the provisions of this Act have been complied with in respect of a declaration sent under section 8, cause,— (a) a certificate of survey, in duplicate, to be prepared, and (b) notice thereof to be given by post or otherwise to the owner or master of the [1][mechanically propelled vessel] to which the certificate relates. (2) On application made by the owner or master to such officer at the place of survey as the State Government may, by notification in the Official Gazette, appoint in this behalf, and on payment to such officer by the owner or master of the sum (if any) forfeited by him under section 8, sub-section (2) (the actual amount of which within the limit thereby fixed shall be determined by the State Government), the certificate, in duplicate, so prepared shall be granted to the owner or master by the State Government and issued to him through such officer. (3) A certificate granted under this section shall be in the prescribed form, shall contain a statement to the effect that all the provisions of this Act with respect to the survey of the 1[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth— (a) the particulars concerning the [1][mechanically propelled vessel] mentioned in the declaration of survey as required by clauses ( _i), (ii) and (iii) of section 7, and_ (b) any other prescribed particulars. (4) The State Government may, by notification in the Official Gazette, delegate to any person all or any of the functions assigned to the State Government under this section: Provided that no delegation shall be made under sub-section (2) so as to authorise the grant of a certificate of survey by the surveyor who made the declaration of survey under section 7. **2[9A. Temporary permit.—The surveyor who conducted the survey may, without following the** procedure laid down in section 9, grant a permit to be effective for a period which shall not in any case exceed forty-five days, to authorise the inland mechanically propelled vessel to proceed on voyage or use it service temporarily pending the issue of the certificate of survey.] **10. Certificate of survey to be affixed in conspicuous part of mechanically propelled** **vessel.—The owner or master of every** [1][mechanically propelled vessel], for which a certificate of survey has been granted, shall forthwith, on the receipt of the certificate, cause one of the duplicates thereof to be affixed and kept, affixed so long as it remains in force and the 1[mechanically propelled vessel] is in use, on some conspicuous part of the 1[mechanically propelled vessel] where it may be easily read by all persons on board. 3[10A. Effect of certificates of survey.—A certificate of survey shall have effect throughout the State in which it was granted: Provided that such a certificate may be endorsed by the State Government of any other State, or with the general or special sanction of the State Government of that other State, by the authority granting it, so as to have effect in that other State or any part thereof, and, if so endorsed shall have effect accordingly.] **11. Term of certificates of survey.—A certificate of survey shall not be in force** [3][in any State]— (a) after the expiration of one year from the date thereof; or (b) after the expiration of the period (if less than one year) for which the hull, boilers, engines or other machinery, or any of the equipments of the [1][mechanically propelled vessel] to which the certificate relates have been stated in the certificate to be sufficient; or (c) after notice has been given [4][by the State Government of the State in which it was by 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Ins. by Act 35 of 2007, s. 5 (w.e.f. 21-2-2008). 3. Ins. by the A.O. 1937. 4. Subs., ibid., for “by any Local Government”. 9 ----- granted], to the owner or master of such [1][mechanically propelled vessel], that such State Government has cancelled or suspended it. 2[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect of that State, after notice has been given by the State Government of that State, to the owner or master of a 1[mechanically propelled vessel], that that Government has cancelled or suspended the endorsement.] **12. Renewal of certificates of survey.—After a certificate of survey has ceased to be in force,** the same shall only be renewed after a fresh survey of the [1][mechanically propelled vessel] to which the certificate relates, has been held in accordance with the provisions of this Chapter, save so far as any relaxation thereof may be prescribed. **13. Power for State Government to suspend or cancel certificate of survey.—[3][A certificate** of survey or any endorsement thereon made under section 10A may be suspended or cancelled by the Government of the State in which the certificate was granted or in respect of which the endorsement was made, as the case may be, if that Government has reason to believe]— (a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers, engines or other machinery or of any of the equipments of the „[mechanically propelled vessel] has been fraudulently or erroneously made; or (b) that the certificate has otherwise been granted upon false or erroneous information; or (c) that since the making of the declaration the hull, boilers, engines or other machinery, or any of the equipments of the [1][mechanically propelled vessel] have sustained any material injury, or have otherwise become insufficient. **14. Power for State Government to require delivery of expired or cancelled** **certificate.—The State Government may require any certificate of survey, which has expired or** has been suspended or cancelled, to be delivered up to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. 2[Where an endorsement on any certificate of survey for any State has been suspended or cancelled, the State Government of that State may require the certificate of survey to be delivered up to such officer as that Government may by notification in the Official Gazette appoint in this behalf, in order that particulars of the suspension or cancellation of the endorsement may be noted on the certificate.] **15. Report of suspension or cancellation of certain certificates.** —[3][If a State Government suspends or cancels endorsement made under section 10A on a certificate of survey, it] shall report the fact of suspension or cancellation, together with the reasons therefor to the State Government which (or whose delegate) granted the certificate. **16. Power for State Government to direct survey by two surveyors.—A survey shall** ordinarily be made by one surveyor, but two surveyors may be employed if the State Government, by order in writing, so directs either generally in the case of all [4][mechanically propelled vessels] at any place of survey, or specially in the case of any particular [4][mechanically propelled vessels] or class of 4[mechanically propelled vessels] at any such place. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Ins. by the A.O. 1937. 3. Subs., ibid., for certain words. 4. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 10 ----- **17. Power for State Government to order a second survey.—(1) If the surveyor making a survey** of [1][mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the 1[mechanically propelled vessel], or gives a declaration with which the owner or master of the 1[mechanically propelled vessel] is dissatisfied the State Government may, on the application of the owner or master, and the payment by him of such fee, not exceeding twice the amount of the fee payable for the previous survey, as the State Government may require, direct two other surveyors to survey the [1][mechanically propelled vessel]. (2) The surveyors so directed shall forthwith survey the [1][mechanically propelled vessel], and may, after the survey, either refuse to give a declaration or give such declaration as, under the circumstances, seems to them proper. (3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall be final. **18. Division of duties when two surveyors employed.—When a survey is made by two** surveyors under either section 16 or section 17, each of the surveyors shall perform the prescribed portion of the duties assigned to a surveyor under this Act or the rules made thereunder. **19. Power for State Government to make rules as to surveys.—(1) The State** Government may 2*** make rules to regulate the making of surveys. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe— (a) the times and places at which, and the manner in which, surveys are to be made; (b) the duties of the surveyor making a survey and, where two surveyors are employed, the respective duties of each such surveyor; (c) the form in which declarations of survey and certificates of survey are to be framed, and the nature of the particulars to be stated therein under sections 7 and 9; (d) the rates other than those mentioned in Schedule I according to which the fees payable in respect of surveys arc to be calculated in the case of all or any of the places of survey within the territories under its administration; and (e) the cases in, and the extent to which, a survey may be dispensed with before the grant of a new certificate. 3[CHAPTER IIA REGISTRATION OF INLAND [4][MECHANICALLY PROPELLED VESSELS] **19A. Inland mechanically propelled vessels not to proceed on voyage or be used for** **service without certificate of registration.—(1) An inland** [1][mechanically propelled vessel] shall not proceed on any voyage or be used for any service, unless it has a certificate of registration in force in respect thereof and granted under this Act. (2) Nothing in this section shall— (a) apply to any [1][mechanically propelled vessel] built at any place other than a place of registry and making her first voyage to any such place for the purpose of registration; or (b) be in derogation of the provisions contained in section 3. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I. 3. Ins. by Act 26 of 1951, s. 3. 4. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 11 ----- **19B. Place of registry and, registering authorities.—(1) The State Government may, by** notification in the Official Gazette— (a) declare such places within the territories under its administration as it thinks fit to be places of registry; and (b) appoint registering authorities at the said places for the purposes of this Act. (2) Every person appointed as a registering authority shall, for the purposes of any registration made by him, be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). **19C. Book of registration.—At every place of registry, a book shall be kept by the** registering authority in which all the particulars contained in the form of the certificate of registration shall be duly entered and such registering authority shall, immediately after registering any inland [1][mechanically propelled vessel] or within one month at the furthest, send to the State Government a true and exact copy, together with the number, of every certificate which shall be so granted by it. **19D. Application for registration.—An application for registration of an inland** 1[mechanically propelled vessel] shall be made by the owner or master of the vessel in such form and shall contain such particulars as may be prescribed and shall be accompanied by a copy of the certificate of survey in force issued in respect of the vessel. **19E. Places of registration.—(1) Every application for registration shall be made to a** registering authority within the local limits of whose jurisdiction the owner of the inland 1[mechanically propelled vessel] ordinarily resides or carries on business. (2) Where the owner applying for a certificate of registration is a company [2][within the meaning of section 3 of the Companies Act, 1956 (1 of 1956)], the application may be made to a registering authority within the local limits of whose jurisdiction the principal office of the company is situate. (3) Notwithstanding anything contained in this section, an inland [1][mechanically propelled vessel] may be registered by a registering authority in any State, although the owner does not ordinarily reside or carry on business in that State or, if a company, the principal place of business of the company is not situate in that State: Provided that the Government of the State in which the owner ordinarily resides or carries on business, or in the case of a company the Government of the State where the principal place of business of the company is situate, has accorded its previous approval thereto. **19F. Grant of certificate of registration.—(1) If, in respect of any inland** [1][mechanically propelled vessel], the registering authority, after making such inquiry as it thinks fit, is satisfied that the provisions of this Act or of any rules made thereunder have been complied with, it shall grant to the applicant therefor a certificate of registration comprising such particulars as may be prescribed on payment of the prescribed fee. (2) A registering authority may refuse to register an inland [1][mechanically propelled vessel], if she is found to be mechanically defective, or if the applicant fails to furnish satisfactory evidence in support of any of the statements made in his application: Provided that where the registering authority refuses to register any inland [1][mechanically propelled vessel], it shall furnish to the applicant a statement in writing containing the reasons for such refusal. **19G. [Automatic registration of inland steam-vessels registered under the Merchant** _Shipping Acts.] Omitted by the Inland Steam-Vessels (Amendment) Act,_ 1977 (35 of 1977), s. 9, (w.e.f. 1-5-1978). 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by s. 8, ibid., for certain words (w.e.f. 1-5-1978). 12 ----- **19H.** **Marking** **of** **inland** **mechanically** **propelled** **vessels** .—Where an inland 1 [mechanically propelled vessel] has been registered under this Chapter, the registering authority shall assign to the vessel, to be displayed thereon conspicuously in the prescribed manner, a distinguishing mark, hereinafter in this Act referred to as the registration mark. **19-I. Prohibition against transfer of certificate of registration.** —(1) A certificate of registration granted in respect of any inland [1][mechanically propelled vessel] shall be used only for the lawful navigation of that vessel. (2) A certificate of registration in respect of an inland [1][mechanically propelled vessel] issued by a registering authority in one State shall be valid for that State only, but where any such vessel plies in [2][inland waters of any other State], nothing in this section shall be deemed to require the owner or master of the vessel to obtain a fresh certificate of registration in relation to the State or States in which the vessel is not so registered: 3* - - 4[(3) When an inland mechanically propelled vessel registered in one State has been kept in another State for a period exceeding [5][thirty-six months], the owner or master of the vessel shall make an application under section 19K to The registering authority, within whose jurisdiction the vessel then is, for the transfer of registry from the registering authority of the place where the vessel is registered.] **19J. Registration of alterations.—(1) When an inland** [1][mechanically propelled vessel] is so altered as not to correspond with the particulars relating to her or the description entered in the certificate of registration, then the owner of the vessel shall, within such period as may be prescribed, make a report of such alteration to the registering authority of the place where the vessel is registered. (2) The report under sub-section (1) shall be made in such form and shall contain such particulars with respect to the alteration as may be prescribed and shall be accompanied by the certificate of registration in force in respect of the vessel at_ the time of the report. (3) The registering authority, on receipt of the report under sub-section (1) and on payment of the prescribed fee, shall either cause the alteration to be registered or direct that the vessel be registered anew: Provided that where the registering authority directs that the vessel be registered anew, it shall either grant a provisional certificate describing the vessel as altered or provisionally endorse the particulars of the alteration on the existing certificate. (3) Any provisional certificate granted or endorsement made under the provisions of this section shall be valid for a period of one month from the date thereof, within which period the owner shall cause all necessary steps to be taken to have the vessel registered anew. **19K. Transfer of registry.—(1)** The registry of an inland [1][mechanically propelled vessel] may be transferred from one place in a State to another place in another State on the application by the owner or master of the vessel to [6][the registering authority of the State in which the vessel is kept]. (2) On receipt of such application, the registering authority shall transmit notice thereof to [7][the registering. authority of the place where the vessel is registered]. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by s. 10, ibid., for “inland waters of more than one State” (w.e.f. 1-5-1978). 3. The proviso omitted by s. 10, _ibid. (w.e.f. 1-5-1978)._ 4. Ins. by s. 10, ibid. (w.e.f. 1-5-1978). 5. Subs. by Act 35 of 2007, s. 6, for “twelve months” (w.e.f. 21-2-2008). 6. Subs. by Act 35 of 1977, s. 11, for “the registering authority of the place where the vessel is registered” (w.e.f. 1-5-1978). 7. Subs. by s. 11, ibid., for “the registering authority of the intended place of registry with a copy of all particulars relating to the vessel” (w.e.f. 1-5-1978). 13 ----- 1[(3) The certificate of registration in respect of the vessel shall be delivered up to the registering authority of the intended place of registry along with the application. (4) On receipt of the application under sub-section (1) and the prescribed fee, if any, the registering authority of the intended place of registry shall enter in its register book all the particulars relating to the vessel and grant a fresh certificate of registration in respect of the vessel and thenceforth such vessel shall be considered as registered at the new place of registry. (5) A State Government may make rules under section 19R requiring the owner or master of an inland mechanically propelled vessel not registered within the State which is brought into or is, for the time being in the State, to furnish to a prescribed authority in the State such information with respect to the inland mechanically propelled vessel and its registration as may be prescribed.] **19L. Change of residence or place of business.—(1) If the owner of an inland** 2[mechanically propelled vessel] ceases to reside or carry on business at the address recorded in the certificate of registration of the vessel, he shall, within thirty days of the change of address, intimate his new address to the registering authority by which the certif icate of registration was granted, or, if the new address is within the jurisdiction of another registering authority, to that registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered thereon. (2) Where a registering authority other than the original registering authority makes any such entry, it shall communicate the new address to the original registering authority. **19M. Prohibition against transfer of ownership of registered vessel.—(1) An inland** 2[mechanically propelled vessel] registered under this Act in one State shall not be transferred to a person resident in another State in India or in any country outside India, without the previous approval of the Government of the State in which the vessel is registered: Provided that where an inland [2][mechanically propelled vessel] is [3][registered or deemed to be registered under the Merchant Shipping Act, 1958 (44 of 1958)], this sub -section shall have effect as if for the words “the Government of the State in which the vessel is registered” the words “the Central Government” had been substituted. (2) Subject to the provisions of sub-section (1), the owner of an inland [2][mechanically propelled vessel] registered under this Act and the transferee thereof shall, within thirty days of the transfer of ownership of the said vessel to the transferee, jointly make a report of the transfer to the registering authority within the local limits of whose jurisdiction the transferee resides or carries on business and shall also forward the certificate of registration to that registering authority, together with the prescribed fee, in order that particulars of the transfer of ownership may be entered thereon. **19N. Suspension of certificates of registration** .—(1) A registering authority may suspend, for such period and subject to such conditions as it thinks fit, the certificate of registration of an inland [2][mechanically propelled vessel], if it has reason to believe that after the granting of the certificate the vessel has become unfit to ply in inland waters. (2) Where the registration of an inland [2][mechanically propelled vessel] is suspended under sub-section _(1)_ for a period of not less than one month, the registering authority ordering the suspension shall, if it is not the original registering authority, inform that other authority of the fact of such suspension. (3) The registering authority suspending the certificate may require the owner or master of the vessel to deliver up the certificate so suspended to itself or, if it is not the original registering authority, to that other authority. 1. Subs. by Act 35 of 1977, s. 11, for sub-sections (3) and (4) (w.e.f. 1-5-1978). 2. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978). 3. Subs. by s. 12, _ibid.,_ for “also registered under the Merchant Shipping Act, 1894, as amended by any subsequent enactment” (w.e.f. 1-5-1978). 14 ----- (4) A certificate of registration surrendered under this section shall be returned to the owner when the order suspending the certificate has been rescinded or has ceased to operate. **19-0. Cancellation of registration.—(1) If an inland [1][mechanically propelled vessel] has** been destroyed or has been rendered permanently unfit for service, the owner of the vessel shall, with the least practicable delay, report the fact to the registering authority of the place where the vessel is registered and shall also forward to that authority, along with the report, the certificate of registration of the vessel and thereupon the registering authority shall have the certificate of registration cancelled. (2) Any registering authority may at any time require that any inland [l][mechanically propelled vessel] within the local limits of its jurisdiction may be inspected by such authority as the State Government may, by general or special order, appoint in this behalf and, if as a result of such inspection, the registering authority is satisfied that the vessel is in such a condition that it is not fit to ply in any inland water, the registrering authority may, after giving the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to the registering authority, the certificate of registration in respect of that vessel, if it has not already been so surrendered. **19P. Appeals.—(1) Any person aggrieved by an order—** (a) refusing to register any inland [1][mechanically propelled vessel] under section 19F; or (b) suspending a certificate of registration under section 19N; or (c) cancelling a certificate of registration under sub-section (2) of section 19-0, may, within thirty days of the date on which lie receives notice of such order, appeal against it to the State Government. (2) The State Government shall cause notice of every such appeal to be given to the registering authority concerned in such manner as may be prescribed, and after giving an opportunity to that authority and to the appellant to be heard shall pass such order thereon as it thinks fit. **19Q. Reciprocity.—Where the Central Government is satisfied that by the law or practice** of any country outside India, inland [1][mechanically propelled vessels] having a certificate of registration in force under this Act— (a) obtain by reason of such registration any special exemption in that country while plying in the inland waters thereof, or (b) arc required as a condition of plying in the inland waters of that country to comply with any special requirement, whether by way of registration anew or payment of a fee or otherwise, the Central Government may, by notification in the Official Gazette, for the purpose of reciprocity, direct that the same exemption or requirement, or an exemption or a requirement as similar thereto as may be, be granted to, or imposed upon, inland [1][mechanically propelled vessels] registered in that country while plying in the inland waters of the territories to which this Act extends. **2 [19QA. Mortgage of** mechanically propelled vessel or share.—The provisions of sections 47, 48, 49, 50, 51, 52 and 53 of the Merchant Shipping Act, 1958 (44 of 1958), shall mutatis mutandis apply, in relation to the mortgage of a mechanically propelled vessel as they apply in relation to ships, subject to the following modifications, namely: — (a) in sections 47, 48, 49, 50, 51, 52 and 53, references to “ship”, “registrar” and “register book”, wherever they occur, shall, respectively, be construed as references to “mechanically propelled vessel”, “registering authority” and “book of registration”; 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Ins. by s. 13, ibid. (w.e.f. 1-5-1978). 15 ----- (b) in section 47, in sub-section (1), for the words “the registrar of the ship‟s port of registry shall record it in the register book”, the words “the registering authority shall record it in the book of registration” shall be substituted.] **19R. Power to make rules.—(1)** The State Government may make rules to carry out the objects of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may— (a) prescribe the powers, duties and functions of registering authorities and the local limits of their jurisdiction; (b) prescribe the form of, and the particulars to be contained in, applications for, and certificates of, registration; (c) provide for the form and manner in which books of registration shall be maintained under this Chapter; (d) provide for the issue of duplicate certificates of registration to replace certificates lost, destroyed or mutilated; (e) prescribe, subject to the approval of the Central Government, the fees to be charged for the registration of inland [1][mechanically propelled vessels] or for any other action to be taken by the registering authority under this Chapter, and provide for the exemption of any person or class of persons from payment of the whole or any part of any such fees; (d) prescribe the period within which, and the manner in which, the owner of an inland [1][mechanically propelled vessel] shall make a report of any alteration in the vessel under section 19J; 2 [(fa) prescribe the authority and provide for furnishing to such authority the information with respect to the inland mechanically propelled vessel and its registration under sub-section (5) of section 19K;] (g) prescribe the manner in which appeals to the State Government may be preferred under this Chapter and the fees payable in respect of any such appeal; 1[(ga) provide for the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer of any such mortgage;] (h) provide for any other matter which is to be or may be prescribed under this Chapter.] 3[19S. Certain **certificates issued under Merchant Shipping Act to be valid under this** **Act.—Every certificate of registry and every certificate of survey issued in respect of a** mechanically propelled vessel under the Merchant Shipping Act, 1958 (44 of 1958), shall be valid and effective as a certificate of registration or certificate of survey, as the case may be, issued under this Act and the relevant provisions of this Act shall apply in relation to such vessel as they apply to an inland mechanically propelled vessel registered under this Act.] CHAPTER III MASTERS [INCLUDING SERANGS] AND ENGINEERS [INCLUDING ENGINE-DRIVERS] OR INLAND 1[MECI IANICALLY PROPELLED VESSELS] **20. Appointment of examiners.—The** State Government may appoint examiners for the purpose of examining the qualifications of persons desirous of obtaining certificates (hereinafter called certificates of competency), to the effect that they are competent to act as masters or serangs, or as engineers or engine-drivers, as the case may be, on board inland [1][mechanically propelled vessels]. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 2. Ins. by s. 14, ibid. (w.e.f. 1-5-1978). 3. Ins. by s. 15, ibid. (w.e.f. 1-5-1978). 16 ----- **21. Grant of masters’, serangs’, engineers’, and engine-drivers’ certificates of** **competency.—(1)** The State Government or such officer as it may, by notification in the Official Gazette, appoint in this behalf, shall grant to every person who is reported by the examiners to possess the prescribed qualifications, a certificate of competency to the effect that he is competent to act as a first-class master, second-class master or scrang, or as an engineer, first-class enginedriver or second-class engine-driver, as the case may be, on board an inland [1] [mechanically propelled vessel]: Provided nevertheless that, before granting a certificate of competency under th is Act, the authority empowered to grant such certificate may, if it considers the report of the examiners regarding any applicant for such certificate to be defective, or has reason to believe that such report has been unduly made, require a further examination or a re-examination of the applicant. (2) Every certificate granted under this section shall be in the prescribed form. **22. Grant of masters’, serangs’, engineers’ and engine-drivers’ certificates of** **service.—(1)** The State Government may, [2][if it thinks fit], grant without examination to any person who has served as a master, or as an engineer, of [3][a vessel of the Coast Guard, Indian Navy or regular Army for a period as may be prescribed by the State Government in this behalf], a certificate (hereinafter called a certificate of service) to the effect that he is, by reason of his having so served, competent to act as a first-class master, second-class master or serang, or as an engineer, first-class engine-driver or second-class engine-driver, as the case may be, on board an inland [1][mechanically propelled vessel]. 4[Explanation—For the purposes of this section, (a) the expression “Coast Guard” shall have the meaning assigned to it in clause (d) of section 2 of the Coast Guard Act, 1978 (30 of 1978); (b) the expression “Indian Navy” shall have the meaning assigned to it in clause ( _10) of_ section 3 of the Navy Act, 1957 (62 of 1957); (c) the expression “regular Army” shall have the meaning assigned to it in clause ( _xxi)_ of section 3 of the Army Act, 1950 (46 of 1950);] (2) A certificate of service so granted shall have the same effect as a certificate of competency granted under this Act after examination. 5[22A. Licences.—(1) The State Government may also, 2[if it thinks fit], grant— (a) to a person who is in possession of a second-class master‟s certificate granted under section 21 or section 22, and has, by virtue of such certificate, acted as master of an inland 4[mechanically propelled vessel] having engines of forty or more nominal horse-power for a period of not less than five years, or (b) to a person who is in possession of a first-class engine-driver‟s certificate granted under section 21 or section 22, or an engine-driver‟s [6][certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] and has, by virtue of such certificate, served as an engine-driver of an inland [1][mechanically propelled vessel] having engines of not less than seventy nominal horse-power for five years, for not less than two and a half years of which period he has been the engine-driver of such vessel within the meaning of section 26, 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by the A.O. 1937, for “in its discretion”. 3. Subs. by Act 35 of 2007, s. 7, for “an inland mechanically propelled vessel for a period of three years before the first day of November, 1956” (w.e.f. 21-2-2008). 4. Ins. by s. 7, ibid. (w.e.f. 21-2-2008). 5. Ins. by Act 6 of 1920, s. 2. 6. Subs. by Act 35 of 1977, s. 17, for “certificate granted under the Indian Merchant Shipping Act, 1859 (1 of 1859), or granted under, or continued in force by, the Merchant Shipping Act, 1894” (w.e.f. 1-5-1978). 17 ----- a licence authorising such person to act as master or engineer, as the case may be, of any inland [1][mechanically propelled vessel] having engines of one hundred and seventy nominal horsepower or of such less nominal horse-power [2][as such Government] may deem fit. (2) Any such licence shall . remain in force only for such time as the person holding the same is in possession of and entitled to a master‟s or an engine-driver‟s certificate, as the case may be, of the nature referred to in sub-section (1): Provided that the State Government may, [3][if it thinks fit], suspend, cancel or vary the conditions of any such licence.] **23. Certificates to be made in duplicate.—Every certificate of competency or service** [4][and 4[and every licence] granted under this Act shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, [4][or licence] and the other shall be kept and recorded in the prescribed manner. **24. Copy** **of certificate or licence to he granted in certain cases.—Whenever a master or** serang, or an engineer or engine-driver, proves, to the satisfaction of the authority which granted his certificate, [5][or licence] that he has, without fault on his part, lost or been deprived of it, a copy of the certificate [5][or licence] to which, according to the record kept under section 23, he appears to be entitled shall be granted to him, and shall have the same effect as the original. **24. Certificates to be held by master and engineer of vessel of one hundred or more horse-** **power.—An** inland [1][mechanically propelled vessel] having engines of [6][one hundred] or more nominal nominal horse-power shall not proceed on any voyage unless she has— (a) as her master a person possessing a first-class master‟s certificate granted under this Act, or a master‟s [7][certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] [8][or a master‟s licence granted under section 22A and applicable to such vessel and voyage], and (b) as her engineer a person possessing an engineer‟s certificate granted under this Act, or granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] [9][or an an engine-driver‟s licence granted under section 22A and applicable to such vessel and voyage]. **26. Certificates to be held by master and engineer of vessel of between forty and one** **hundred horse-power.—An inland** [1][mechanically propelled vessel] having engines of [10][forty] or more nominal horse-power, but of less than [6][one hundred] nominal horse-power, shall not proceed on any voyage unless she has— (a) as her master a person possessing a second-class master‟s certificate granted under this Act, or any certificate referred to in clause (a) of section 25, and (b) as her engineer a person possessing a first-class engine-driver‟s certificate granted under this Act, or an engine-driver‟s [7][certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] or any certificate referred to in clause (b) of section 25: Provided that a [1][mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause (a), and a certificate referred to in clause (b), of this section. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by Act 11 of 1923, s. 2 and First Schedule, for “as to such Government”. 3. Subs. by the A. 0. 1937, for “in its discretion”. 4. Ins. by Act 6 of 1920. s. 2. 5. Ins. by s. 4, ibid. 6. Subs. by s. 4, ibid., for “eighty”. 7. Subs. by Act 35 of 1977, s. 19, for certain words (w.e.f. 1-5-1978). 8. Ins. by Act 6 of 1920, s. 5. 9. Added by s. 5, ibid. 10. Subs. by Act 6 of 1920, s. 7, for “thirty”. 18 ----- **27. Certificates to .be held by master and engineer of vessel of less than forty horse-** **power.—An inland [1][mechanically propelled vessel] having engines of less than** [2][forty] nominal horse-power shall not proceed on any voyage unless she has— (a) as her master a person possessing a scrang‟s certificate granted under this Act, or any certificate referred to in clause (a) of section 26, and (b) as her engineer a person possessing a second-class engine-driver‟s certificate granted under this Act, or any certificate referred to in clause (b) of section 26: Provided that a [1][mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause (a), and a certificate referred to in clause (b), of this section. **28. Power for State Government to require Master or engineer to hold certificate granted** **under Act in addition to other certificate.—Notwithstanding anything in this Chapter, the State** Government may, by general or special order, direct that a person possessing— (a) a master‟s [3][certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)], or (b) an engineer‟s or engine-driver‟s [3][certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958), shall not act as master or engineer, as the case may be, of an inland [1][mechanically propelled vessel] unless he also possesses— (i) in case (a), such a master‟s or serang‟s certificate granted under this Act as qualified him under this Chapter to act as master of the [1][mechanically propelled vessel], or (ii) in case (b), such an engineer‟s or engine-driver‟s certificate granted under this Act as qualifies him under this Chapter to act as engineer of the [1][mechanically propelled vessel]: Provided that, for the purposes of this section, the State Government may [4][if it thinks fit], grant to any person, without examination, a master‟s or scrang‟s or an engineer‟s or engine-driver‟s certificate of competency under this Act, and such certificate shall have the same effect as a certificate of competency granted under this Act after examination. **29. Power for State Government to make rules as to grant of certificates of** **competency.—(1) The State Government may make rules to regulate the granting of** certificates of competency under this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe— (a) the times and places of holding and the mode of conducting examination of persons desirous of obtaining certificates of competency; (b) the qualifications to be required of persons desirous of obtaining such certificates; (c) the examination fees to be paid by such persons; and (d) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to, be kept and recorded under section 23. **30. Power for State Government to make rules as to grant of certificates of** **service.—The State Government may also make rules to regulate the granting of certificates** of service under section 22, and may by such rules prescribe in particular— 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 2. Subs. by Act 6 of 1920, s. 7, for “thirty”. 3. Subs. by Act 35 of 1977, s. 20, for certain words (w.e.f. 1-5-1978). 4. Subs. by the A.O. 1937, for “in its discretion [”]. 19 ----- 1[(a) the period of service in the Coast Guard, Indian Navy or regular Army which is required for a person to be granted a certificate without examination under section 22,] 2[(aa)] the fees to be paid for such certificates, and (b) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to be kept and recorded under section 23. 3 [30A. Power for State Government to make rules as to grant’ of licences.—The State Government may also make rules to regulate the granting of licences under section 22A, and may by such rules prescribe in particular— (a) the fees (if any) to be paid for such licences, and (b) the forms in which such licences are to be framed and the authority by whom and the manner in which copies are to be kept and recorded under section 23.] **4[31. Effect of certificates of competency or service and licences.— A certificate of competency** or service and licence granted under this Chapter shall have effect throughout India.] CHAPTER IV INVESTIGATIONS INTO CASUALTIES **32. Report of casualties to be made to nearest police-station.—Whenever—** (a) any inland [5][mechanically propelled vessel] has been wrecked, abandoned or materially damaged, or (b) by reason of any casualty happening to, or on. board of, any inland [5][mechanically propelled vessel], loss of life has ensued,. or (c) any inland [5][mechanically propelled vessel] alas caused loss or material damage to, any other vessel, the master of the [ 5][mechanically propelled vessel] shall forthwith give notice of the wreck, abandonment, damage, casualty, or loss to the officer in charge of the nearest police -station. **33. Power for State Government to appoint Court of investigation.—(1) [6][Whenever** the State Government is satisfied that it is necessary or expedient to have a formal investigation into the facts of any case reported under section 32 or otherwise brought to its notice, the State Government may]— (a) appoint a special Court and direct the Court to make the investigation at such place as the State Government may fix in this behalf, or (b) direct any principal Court of ordinary criminal jurisdiction or the Court of any District Magistrate to make the investigation. (2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less than two nor more than four persons, of whom one shall be a Magistrate, one shall be a person conversant with maritime affairs or with the navigation of inland [7] [mechanically propelled vessels], and the other or others (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation of inland [7][mechanically propelled vessels]. **34. Power of Court of investigation to inquire into charges of incompetency or** **Misconduct.—(1)** Any Court making an investigation under section 33 may inquire into any charge of incompetency or misconduct arising in the course of the investigation against any master, engineer or engine-driver, or any person holding a certificate granted 1. Ins. by Act 35 of 2007, s. 8 (w.e.f. 21-2-2008). 2. Clause (a) relettered as clause (aa) by s. 8, ibid. (w.e.f. 21-2-2008). 3. Ins. by Act 6 of 1920, s. 8. 4. Subs. by Act 35 of 2007, s. 8, for section 31 (w.e.f. 21-2-2008). 5. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 6. Subs. by s. 21, ibid., for certain words (w.e.f. 1-5-1978). 7. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 20 ----- under Chapter III, as well as into any charge of a wrongful act or default on his part causing any wreck, abandonment, damage, casualty, or loss referred to in section 32. (2) In every case in which any such charge arises against any master, engineer or engine driver, or any person holding a certificate granted under Chapter III in the course of an investigation, the Court shall, before the commencement of the inquiry into the charge, cause to be furnished to him a copy of the report or of any statement of the case upon which the investigation has been directed. **35. Power for State Government to direct investigation otherwise than under** **section 33.—(1)** If the State Government has reason to believe that there are grounds for charging any master, engineer or engine-driver, or any person holding a certificate granted under Chapter III, with incompetency or misconduct, otherwise than in the course of an investigation under section 33, it may send a statement of the case to the principal Court of ordinary criminal jurisdiction, or the Court of the District Magistrate, at or nearest to the place at which it may be convenient for the parties and witnesses to attend, and may direct the Court to make an investigation into the charge. (2) Before commencing an investigation under sub-section (1), the Court shall cause the person charged to be furnished with a copy of the statement of the case sent by the State Government. **36. Person charged to he heard.—For the purpose of an investigation under this Chapter** into any charge against a master, engineer or engine-driver, or any person holding a certificate granted under Chapter III, the Court may summon him to appear, and shall give him full opportunity of making a defence, either in person or otherwise. **37. Assessors.—(1) When, in the opinion of the Court making an investigation under this** Chapter, the investigation involves, or appears likely to involve, any question as to the cancelling or suspension of the certificate of a master, engineer or engine-driver, or any person holding a certificate granted under Chapter III, the Court shall appoint as its assessors, for the purposes of the investigation, two persons having experience in the merchant service or in the navigation of inland [1][mechanically propelled vessels]. (2) In every other investigation the Court may, if it thinks fit, appoint as its assessor, for the purposes of the investigation, any person conversant with maritime affairs or the navigation of inland [1][mechanically propelled vessels] and willing to act as assessor. (3) Every person appointed as an assessor under this section shall attend during the investigation and deliver his opinion in writing, to be recorded on the proceedings. **38. Powers of Court as to evidence and regulation of proceedings.— For the purpose of any** investigation under this Chapter, the Court making the investigation shall, so far as relates to compelling the attendance and examination of witnesses, and production of documents and the regulation of the proceedings, have— (a) if the Court is a special Court—the same powers as are exercisable by the principal Court of ordinary criminal jurisdiction for the place at which the investigation is made; or (b) if the Court is a principal Court of ordinary criminal jurisdiction or the Court of the District Magistrate—the same powers as arc exercisable respectively by either Court in the exercise of its criminal jurisdiction. **39. Power of Court to effect arrest of witnesses by entry and detention of** **vessels.—(1) If any Court making an investigation under this Chapter issues a warrant of** arrest to compel the attendance of any person whose evidence is in its opinion necessary, it may, for the purpose of effecting the arrest, but subject to any general or special instructions issued by the State Government in this behalf, authorise any officer to enter any vessel. 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 21 ----- (2) An officer so authorized to enter any _vessel may, for the purpose of enforcing the entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and detain the vessel for such time as is reasonably necessary to effect the arrest; and every such officer or other person shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) No person shall be detained under this section for more than forty-tight hours. **40. Power of Court to commit for trial and to bind over witnesses** .—Whenever, in the course of an investigation under this Chapter, it appears to the Court making the investigation that any person has committed, within [1][the territories to which this Act extends], an offence punishable under any law in force in [1][such territories] the Court making the investigation may (subject to such rules consistent with this Act as the High Court may, from time to time, make in this behalf)— (a) cause such person to be arrested; (b) commit him or hold him to bail to take his trial before the proper Court; (c) bind over any other person to. give evidence at such trial; and (d) exercise, for the purposes of this section, all the powers of a Magistrate of the first class or of a Presidency Magistrate. **41. Depositions of absent witnesses.—(1) Whenever, in the course of a trial referred to in** section 40, the evidence of any witness is required in relation to the subject-matter, any deposition previously made by him in relation, to the same subject-matter before any Court making an investigation under this Chapter shall, if authenticated by the signature of the Magistrate or presiding Judge of such Court, be admissible in evidence on proof— (a) that the witness cannot be found within the jurisdiction of the Court before which the trial is held; and (b) that the deposition was made in the presence of the person accused, and that he had an opportunity of cross-examining the witness. (2) A certificate signed by such Magistrate or presiding Judge that the deposition was made in the presence of the accused, and that he had an opportunity of cross-examining the witness shall, unless the contrary be proved, be sufficient evidence that it was so made and that the accused had such opportunity. **42. Report by Court to State Government.—The Court shall, in the case of every** investigation under this Chapter, transmit to the State Government a full report of the conclusions at which it has arrived, together with the evidence recorded and the written opinion of any assessor. **43. Court to exercise its powers independently of the assessors.—Notwithstanding the** appointment under section 37 of an assessor or assessors by a Court making an investigation under this Chapter, the exercise of all powers conferred on such Court by this Act shall rest with the Court alone. **44. Power for. State Government to direct investigations into causes of explosions on** **mechanically propelled vessels.—(1) Whenever any explosion occurs on board any inland** 2[mechanically propelled vessel], the State Government may direct that an investigation into the cause of the explosion be made by such person or persons as it may appoint in this behalf. (2) The person or persons so appointed may, for the purpose of the investigation, enter into and upon the [2][mechanically propelled vessel], with all necessary workmen and labourers, and remove any portion of the [2][mechanically propelled vessel] or of the machinery thereof, and shall report to the State Government what, in his or their opinion, was the cause of the explosion. 1. Subs. by the A.O. 1950, for “the Provinces”. 2. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 22 ----- (3) Every person making an investigation under this section shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1[CHAPTER IVA REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION **44A. Raising of or removal of wreck impeding navigation, etc** .—(1) If any mechanically propelled vessel or other vessel is wrecked, stranded or sunk in any inland water is or is likely to become obstruction, impediment or danger to the safe and convenient navigation or use of inland water or the landing place or embarkment or part thereof, any officer empowered by the State Government by notification in the Official Gazette in this behalf (hereafter in this Chapter referred to as competent officer) shall cause the vessel to be raised, removed, blown up or otherwise destroyed as the circumstances may warrant. (2) If any property recovered by a competent officer acting under sub-section (1) is unclaimed or the person claiming it fails to pay reasonable expenses incurred by the competent officer under that sub-section and a further sum of twenty-five per cent. of the amount of such expenses, the competent officer may sell the property by public auction, if the property is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time not less than two months after the recovery thereof. (3) The expenses and further sum aforesaid shall be payable to the competent officer out of the sale proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment, without interest, to the person thereafter establishing his right thereto: Provided that the person makes his claim within three years from the date of the sale. (4) Where the sale proceeds of the property arc not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the competent officer on demand, and if t he deficiency be not paid within one month of such demand, the competent officer may recover the deficiency from such owner as if it were an arrear of land revenue. **44B. Removal of obstruction in inland water.—(1)** The competent officer may remove, or cause to be removed, any timber, raft or other thing, floating or being in any part of the inland water, which, in his opinion, obstructs or impedes the free navigation thereof or the lawful use of any landing place or embarkment or part thereof. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment, or causes any public nuisance affecti ng or likely to affect such free navigation or lawful use, he shall also be punishable [-]with fine, which may extend to one hundred rupees. (3) The competent officer or any magistrate having jurisdiction over the offence may cause any such nuisance to be abated. **44C. Recovery of expenses of removal.—If the owner of any such timber, raft or other** thing, or the person who has caused any such obstruction, impediment or public nuisance, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the State Government may, by general or special order direct, the competent officer may cause such timber, raft or other thing or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same and if no such person appears, shall cause the 1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978). 23 ----- same to be kept and‟ deposited in such manner as the State Government directs, and may, if necessary, from time :to time, realise the expenses- of keeping the same, „together with the expenses .of sale, or further sale of so much [-]of the thing or materials as may‟ remain unsold. **44D. Removal of lawful obstruction.—(1)** If any obstruction or impediment to the navigation of any inland water has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment or otherwise, the competent officer shall report the same for the information of the State Government and shall, with the sanction of the State Government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising out of or concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. **44E. Fouling of Government moorings.—(1) If any mechanically propelled vessel hooks** or gets fouled in any of the buoys or moorings laid down by or by the authority of the State Government in any part of inland water, the master of such vessel shall not, nor shall any other person, except in the case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the competent officer. (2) The competent officer immediately on receiving information of such accident, shall assist and superintend the clearing of such vessel and the master of the vessel shall, on demand, pay such reasonable expenses as may be incurred in clearing the same. (3) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees.] CHAPTER V SUSPENSION AND CANCELLATION OF CERTIFICATES GRANTED UNDER THE ACT **45. Power for State Government to suspend or cancel certificates in certain cases.—** 1[Any certificate granted or any endorsement made under Chapter III may be suspended or cancelled by the Government of the State in which the certificate was granted or; as the case may be, in respect of which the endorsement was made, in the following cases, namely] — (a) if, on any investigation made under this Act, the Court reports that the wreck or abandonment of, or loss or damage to, any vessel, or loss of life, has been caused by the wrongful act‟ or default of the holder of such certificate, or that the holder of such certificate is incompetent, or has been guilty of any gross act of drunkenness, tyranny or other misconduct, or (b) if the holder of such certificate is proved to have been convicted of any non-bailable offence, or 2[(bb) if the holder of such certificate is proved to have deserted his vessel or has absented himself, without leave and without sufficient reason, from his vessel or from his duty; or] (c) if, in the case of a person holding a certificate of competency or service as second class master or scrang, or as engine-driver, such person is or has become, in the opinion of the State Government, unfit to act as a second-class master or serang or as an engine-driver, as the case may be: Provided that a certificate [3][or endorsement] shall not be suspended or cancelled under clause (a), unless the State Government is satisfied that the holder of the certificate has, before the commencement of the investigation, been furnished with a copy of the report or statement of the case as required by section 34 or section 35, as the case may be. 1. Subs. by the A.O. 1937, for certain words. 2.Ins. by Act 35 of 1977, s. 23 (w.e.f. 1-5-1978). 3. Ins. by the A.O. 1937. 24 ----- **46. Obligation to deliver up suspended or cancelled certificate.—Every person whose** certificate is suspended or cancelled under this Chapter shall deliver it up to such person as the State Government which suspended or cancelled it may direct. **47. Report to other State Government.—[1][If a State Government suspends or cancels an** endorsement under this Chapter, it] shall report the proceedings, and the fact of suspension or cancellation to the State Government by which, or under authority from which, [1][the certificate] was granted. **48. Power for State Government to revoke suspension or cancellation, and to grant** **new certificate.—(1) Any State Government may, at any time, revoke any order of** suspension or cancellation which it may have made under this Chapter, or grant, without examination, to any person whose certificate it has so cancelled, a new certificate. (2) A certificate so granted shall have the same effect as a certificate of competency granted tinder this Act after examination. CHAPTER VI PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND 2 [MECHANICALLY PROPELLED VESSELS] **49. Power for State Government to declare dangerous goods.—The State Government may, by** notification in the Official Gazette declare what shall, for the purposes of this Act, be deemed to be dangerous goods. **50. Carriage of dangerous goods** .—(1) No person shall— (a) take with him on board an inland [3][mechanically propelled vessel] any dangerous goods without giving notice of their nature to the owner or master of the [3][mechanically propelled vessel], or (b) deliver or tender for carriage on such [3][mechanically propelled vessel] any dangerous goods without giving such notice, and without distinctly marking their nature on the outside of the package containing the goods. (2) if the owner or master of an inland [3][mechanically propelled vessel] suspects, or has reason to believe, that any luggage or parcel taken, delivered, or tendered for carriage on the 3[mechanically propelled vessel] contains dangerous goods, he may— (i) refuse to carry it upon the [3][mechanically propelled vessel]; or (ii) require it to be opened to ascertain the nature of its contents; or (iii) if it has been received for carriage, stop its transit until he is satisfied as to the nature of its contents. **51. Power of owner or master of mechanically propelled vessel to throw overboard** **dangerous goods.—Where any dangerous goods have been taken or delivered on board any** inland [3][mechanically propelled vessel] in contravention of section 50, the owner or master of the [3][Mechanically propelled vessel] may, if he thinks fit, cause the goods to be thrown overboard together with any package or receptacle in which they are contained, and neither the owner nor the master shall, in respect of his having so caused the goods to be thrown overboard, be subject to any liability, civil or criminal, in any Court. **52. Power for State Government to make rules for protection of inland mechanically propelled** **vessels from accidents.—(1) The State Government may make rules for the protection of inland** 2[mechanically propelled vessels] against explosion, fire, collision and other accidents. (2) In particular and without prejudice to the generality of the foregoing power, such rules may— 1. Subs. by A.O. 1937, for certain words. 2. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 3. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978). 25 ----- (a) prescribe the conditions on and subject to which dangerous goods may be carried on board inland [1][mechanically propelled vessels]; (b) prescribe precautions to be taken to prevent explosions or fires on board inland 1[mechanically propelled vessels]; (c) prescribe the apparatus which is to be kept on board inland [1][mechanically propelled vessels], for the purpose of extinguishing fires; (d) regulate the making of sound signals; (e) regulate the carriage and exhibition of lights by inland [1][mechanically propelled vessels]; (f) regulate the carriage and exhibition of lights by other vessels on specified inland waters on which [1][mechanically propelled vessels] ply; (g) prescribe the steering rules to be observed; (h) regulate the towing of vessels astern or alongside; (i) prescribe the speed at which inland [1][mechanically propelled vessels] may be navigated in specified areas; (j) regulate the navigation of inland [1][mechanically propelled vessels] to prevent danger to other vessels, or to the bank, channels, navigation marks or any property, movable or immovable, in or abuting on navigable channels. 2[(k) prescribe the requirements that the hull, equipment and machinery of inland mechanically propelled vessel shall comply with; (l) prescribe the requirement of life saving appliances; and (m) prescribe the apparatus required for communication and navigation.] (3) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **53. Power for State Government to make rules as to carriage of passengers in** **inland mechanically propelled vessels.—(1) The State Government may make rules to** regulate the carriage of passengers in inland [1][mechanically propelled vessels]. (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) prescribe the cases in which passengers may be refused admission to, or may be required to leave, inland [1][mechanically propelled vessels]; (b) provide for the payment of fares, and the exhibition of tickets or receipts (if any) showing the payment of their fares, by passengers in inland [1][mechanically propelled vessels]; and (c) regulate generally the conduct of passengers in inland [1][mechanically propelled vessels]. (3) Any rule matte under this section may contain a provision that any person committing a breach of it shall be punishable with fine which may extend to twenty rupees. (4) The master or any other officer of an inland [3][mechanically propelled vessel], and any person called by him to his assistance, may arrest any person who has committed a breach of any rule made under this section, if the name and address of such person arc unknown to the master or such other officer. (5) The procedure prescribed by [4][section 43 of the Code of Criminal Procedure, 1973 (2 of 1974)], in the case of arrest by private persons shall apply to every arrest made under this section. **54. Power for State Government to make rules for protection of passengers.—(1) The State** Government may also make rules for the protection of passengers in inland [1][mechanically propelled vessels], and may by such rules require— 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 2. Ins. by Act 35 of 2007, s. 10 (w.e.f. 21-2-2008). 3. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 4. Subs. by s. 24, ibid., for “section 59 of the Code of Criminal Procedure, 1898” (w.e.f. 1-5-1978). 26 ----- (a) the prices of passenger tickets to be printed or otherwise denoted on such tickets; and (b) the supply, free of charge, of a sufficient quantity of fresh water for the use of such passengers. (2) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with fine which may extend to fifty rupees. **1[54A. Power of State Government to fix maximum and minimum rates for passenger** **fares and freight for goods.—(1) The** State Government may, by notification in the Official Gazette, after such inquiry as it may consider necessary, in respect of any s ystem of inland waterways, or of any stretch of inland waterway, or of the run between any two stations on an inland waterway,— (a) fix the maximum or minimum rate [2] [per kilometre] which may be charged for passenger fares for passengers of any class travelling on inland [3][mechanically propelled vessels]; (b) fix the maximum rate [2][per kilometre] which may be charged for freight on goods of any description carried in inland [3][mechanically propelled vessels]; (c) fix the minimum rate [2][per kilometre] which may be charged for freight on goods of any description carried in inland [3][mechanically propelled vessels]; and (d) declare what shall be deemed to be the distance between any two stations on an inland waterway for the purpose of calculating passengers‟ fares or freight on goods where maximum or minimum rates have been fixed under this section. (2) The State Government shall not fix any minimum rate under clause (a) or clause (c) of sub-section (1) in respect of any class of passengers or description of goods carried on any system of waterways, or stretch of waterway, or on the run between any two stations on an inland waterway, unless it is satisfied that the rates charged on any inland [4][mechanically propelled vessel] or group of such vessels in respect of such passengers or goods have been reduced to such an extent as to disclose an intention to force any other inland [4][mechanically propelled vessel] or group of such vessels to cease from carrying such passengers or goods. 5[(3) In case of any dispute relating to the fixation of the maximum or the minimum rate per kilometre which may be charged in respect of any class of passengers or of freight on goods of any description carried in inland mechanically propelled vessel between any stations lying in two States, any one of the States may report the matter to the Central Government who shall decide the same.] **54B.** **Power** **to** **make** **rules** **providing** **for** **the** **appointment** **of** **Advisory** **Committees.—The State Government may make rules providing for the appointment,** constitution, procedure and functions of Committees to advise the owners, agents and charterers of inland [3][mechanically propelled vessels] on questions affecting the interests. of passengers and shippers of goods. 2[CHAPTER VIA INSURANCE OR MECUANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS **6[54C. Application of section 134, Chapters X, XI and XII of the Motor Vehicles Act,** **1988 in relation to the mechanically propelled vessels.—The provisions of section 134,** Chapters X, XI and XII of the Motor Vehicles Act, 1988 shall, as far as may be apply, in relation to the mechanically propelled vessels as they apply in relation to motor vehicles, subject to the following modifications, namely:— 1. Ins. by Act 13 of 1930, s. 2. 2. Subs. by Act 35 of 1977, s. 25, for “per mile” (w.e.f. 1-5-1978). 3. Subs. by s. 5, ibid.. for “steam-vessels” (w.e.f.1-5-1978). 4. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978). 5. Ins. by s. 26, ibid. (w.e.f. 1-5-1978). 6. Subs. by Act 35 of 2007, s. 11, for section 54C (w.e.f. 21-2-2008). 27 ----- (a) in section 134 and throughout in Chapters X, XI and XII,— (i) references to “motor” or “motor vehicle” or “vehicle” shall be construed as references to “mechanically propelled vessel”; (ii) references to “public place” shall be construed as references to “inland water”; (iii) references to “public service vehicle” shall be construed as references to “public service vessel”; (iv) references to “goods vehicle” shall be construed as references to “goods service vessel”; (v) references to “State Transport” shall be construed as references to “State Water Transport”; (vi) references to “driver” or “driver of a vehicle” shall be construed as references to “master of a vessel”; (vii) references to “driving licence” shall be construed as references to “a certificate granted under Chapter HI of the Inland Vessels Act, 1917(1 of 1917)”; (viii) references to “permit” shall be construed as references to “a certificate of registration granted under section 19F of the Inland Vessels Act, 1917(1 of 1917)”, and such other consequential amendments as the rules of grammar may require, shall also be made; (b) in section 145,— (i) after clause (a), the following clause shall be inserted, namely: — „(aa) “goods service vessel” means any mechanically propelled vessel used or adapted to be used for carriage of cargo for hire or reward;‟; (ii) after clause (d), the following clause :,hall be inserted, namely:— „(da) “public service vessel” means any mechanically propelled vessel used or adapted to be used for the carriage of passengers for hire or reward;‟; (iii) for clause (e), the following clause shall be substituted, namely:— „(e) “property” includes goods carried in the inland vessel, bridges, landing facilities, navigation marks and infrastructure;‟; (iv) after clause (f), the following clause shall be inserted, namely:— „(fa) “route” means a line of travel which specifies the waterway which may be traversed by a mechanically propelled vessel between one terminal and another;‟; (c) in section 149, in sub-section (2), in clause (a)— (i) in sub-clause (i),— (A) in item (c), for the words “transport vehicle”, the words “public service vessel or goods service vessel” shall be substituted; (B) item (d) shall be omitted; 28 ----- (ii) in sub-clause (ii), for the words “not duly licensed”, the words and figures “not holding a certificate granted under Chapter III of the Inland Vessels Act, 1917(1 of 1917)” shall be substituted; (d) in section 158, — (i) for the words “transport vehicle”, wherever they occur, the words “public service vessel or goods service vessel” shall be substituted, and such other consequential amendments as the rules of grammar may require shall also be made; (ii) in sub-section (1), for clause (d), the following clause shall be substituted, namely:— “(d) the certificate of survey granted under section 9 of the Inland Vessels Act, 1917 (1 of 1917),”; (e) in section 161, in sub-section (3),— (i) in clause (a), for the words “twenty-five thousand rupees”, the words “fifty thousand rupees” shall be substituted; (ii) in clause (b), for the words “twelve thousand and five hundred rupees”, the words “twenty-five thousand rupees” shall be substituted; (f) in section 165, in sub-section (1), for the words “Motor Accidents Claims Tribunals”, the words “Inland Vessel Accidents Claims Tribunals” shall be substituted.‟.] 1[CHAPTER VIAB PREVENTION AND CONTROL OF POLLUTION AND PROTECTION OF INLAND WATER **54D. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “hazardous chemical” or “obnoxious substance” means any chemical or substance, as the case may be, which has been designated as such by rules made under this Chapter; (b) “oil” means any persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil, whether carried on board a tanker as cargo or fuel; (c) “oily mixture” means a mixture with any oil content.] **54E. Prohibition as to discharge of oil, oil mixture, etc., in the inland water.—No oil or oily** mixture, hazardous chemical or obnoxious substance from a mechanically propelled vessel shall be discharged in inland water: Provided that nothing in this section shall apply to the discharge of such oil or oily mixture, hazardous chemical or obnoxious substance from a mechanically propelled vessel for the purpose of securing the safety of a mechanically propelled vessel, preventing damage to a mechanically propelled vessel, cargo or saving of life at inland water.] **54F. Reception facilities at inland port, etc.—(1) The owner or operator of an inland port, at cargo** or passenger terminal, as the case may be, shall provide reception facilities to discharge oil, oily mixture, hazardous chemical or obnoxious substance at such inland port, cargo or passenger terminal. (2) The owner or operator of an inland port, at cargo or passenger terminal, as the case may be, providing reception facilities at any inland port, a cargo or passenger terminal may make charges for the use of the facilities at such rates and may impose such conditions in respect of use thereof as may be approved by notification in the Official Gazette, by the State Government in respect of the inland port, cargo or passenger terminal. (3) For the purposes of minimizing the pollution already caused, or for preventing the pollution threatened to be caused, the State Government may direct, by order in writing, the owner or operator of an inland port, at cargo or passenger terminal to provide or arrange for the provision of such pollution containment equipments and pollutant removing materials at such inland port, cargo and passenger terminal as may be specified in the order.] 1. Ins. by Act 35 of 2007, s. 12 (w.e.f. 21-2-2008). 29 ----- **54G. Power of entry inspection, etc.—(1) Any surveyor or any person authorised under this Act in** this behalf may, at any reasonable time, enter and inspect any inland port, at cargo or passenger terminal for the purposes of— (a) ensuring that the provisions of this Chapter are complied with; (b) verifying whether such inland port, at cargo or passenger terminal is provided with the pollution containment equipment and pollutant removing materials in conformity with the order of the State Government or the rules made under this Chapter; and (c) satisfying himself about the adequacy of the measures taken to prevent pollution. (2) If the surveyor finds that the inland port, at cargo or passenger terminal is not provided with the aforesaid equipment and materials, he shall give notice to the owner or operator of such inland port, cargo or passenger terminal, as the case may be, a notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy the said deficiency. (3) No owner or operator of such inland port, at cargo or passenger terminal, as the case may be, served with the notice under sub-section (2), shall proceed with any work at such inland port, cargo or passenger terminal, as the case may be, until he obtains a certificate signed by the surveyor to the effect that the inland port, cargo or passenger terminal, as the case may be, is properly provided with the aforesaid equipment and materials in conformity with the rules made under this Chapter. **54H. Powers of Central Government to make rules for prevention and control of** **pollution.—(1) The Central Government may make rules for the purposes of this Chapter.** (2) In particular, and without prejudice to the generality of the foregoing power, such rules may— (a) prescribe the designated hazardous chemical and obnoxious substance under clause (a) of section 54D; (b) prescribe fitment of oily mixture treatment equipment on shore and on board in certain cases; (c) prescribe details of reception facilities at inland port, cargo or passenger terminal; (d) prescribe the forms and record books for inland port, cargo or passenger terminal and the manner in which such books shall be maintained, the nature of entries to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto; (e) any other matter which is to be, or may be, prescribed.] CHAPTER VII PENALTIES AND LEGAL PROCEEDINGS **55. Penalty for making voyage without certificate of survey.—(1) If any** inland [1][mechanically propelled vessel] proceeds on a voyage in contravention of sections 3 [2][or section 19A], the owner and the master of the [1][mechanically propelled vessel] shall each be punishable with fine, Which may extend to one thousand rupees. (2) If the master or any other officer on board an inland [l][mechanically propelled vessel] which proceeds on a voyage in contravention of section 3 [2][or section 19A] is a licensed pilot, he shall be liable to have his licence as a pilot suspended or cancelled, for any period-, by the State Government. **56. Penalty for neglect to affix certificate of survey in inland mechanically propelled. vessel.—If** the certificate of survey is not kept affixed in an inland [1][mechanically propelled vessel] as required by section. 10, [3][or if the registration mark is not displayed as required by section 19H], the owner and the 1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978). 2. Ins. by Act 26 of 1951, s. 4. 3. Ins. by s. 5, ibid. 30 ----- master of the [1][mechanically propelled vessel] shall each be punishable with fine which may extend to one hundred rupees. 2 [57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or **registration.—If the owner or master of an inland 1[mechanically propelled vessel] without reasonable** cause neglects or refuses— (a) to deliver up a certificate of survey when required under section 14 so to do; or (b) to,deliver up a certificate of registration when required under section 19N so to do; or (c) to surrender a certificate of registration as required by section 190; he shall be punishable with fine, which may extend to one hundred rupees.] **58. Penalty for carrying excessive number of passengers on hoard.—If an inland 1[mechanically** propelled vessel] has on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of passengers which the vessel or the part thereof is, in the judgement of the surveyor, fit to carry, the owner and the master shall each be punishable with fine which may extend to 3[one hundred rupees] for every passenger over and above that number. 4[58A. Penalty for carrying excessive quantity of cargo on board.—If an inland mechanically propelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in the certificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of the surveyor, fit to carry, the owner and the master shall, each, in addition to the penalty to which he may be liable under the provisions of section 58, be punishable with fine which may extend— (a) in the case of first offence, to five hundred rupees; (b) in the case of any second or subsequent offence, to one thousand rupees.] **59. Penalty for serving, or engaging a person to serve, as master or engineer, without** **certificate.—If** any person— (a) proceeds on any voyage in an inland [1][mechanically propelled vessel] as the master or engineer of such vessel without being at the time entitled to, and possessed of, a master‟s or serang‟s or an engineer‟s or engine-driver‟s certificate [5][or a master‟s or engine-driver‟s licence] as the case may be, as required under this Act, or (b) employs as the master or engineer of an inland [1][mechanically propelled vessel] any person without ascertaining that he is at the time entitled to, and possessed of, such certificate [2][or licence], he shall be punishable with fine which may extend to five hundred rupees. **60. Penalty for master failing to give notice of wreck or casualty.—If** any master wilfully fails to give notice, as required by section 32, of any wreck, abandonment, damage, casualty, or loss, he shall be punishable with fine which may extend to five hundred rupees, and, in default of payment of such fine, with simple imprisonment for a term which may extend to three months. **61. Penalty for failing to deliver up suspended or cancelled certificate.—If** any person, whose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as 1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978). 2. Subs. by s. 6, ibid., for section 57. 3. Subs. by Act 35 of 1977, s. 27, for “ten rupees” (w.e.f. 1-5-1978). 4. Ins. by s. 28, ibid. (w.e.f. 1-5-1978). 5. Ins. by Act 6 of 1920, s. 10. 31 ----- required by section 46, he shall be punishable with fine, which may extend to five hundred rupees. **62. Penalty for taking or delivering or tendering for carriage dangerous goods on** **board inland mechanically propelled vessel without notice.—If** any person, in contravention of section 50, takes with him on board any inland [1] [mechanically propelled vessel] any dangerous goods, or delivers or tenders any such goods for carriage on any inland 1[mechanically propelled vessel], he shall be punishable with fine which may extend to two hundred rupees, and the goods shall be forfeited to Government. **2[62A. Punishment for offences relating to accident.—If** the master or the driver or other person in charge of the inland mechanically propelled vessel fails to report an accident in which his vessel is involved as required under Chapter VIA, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **62B. Penalty for using uninsured mechanically propelled vessel.—If any person uses a** mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used without a policy of insurance complying with the requirements of Chapter VIA, he shall be punishable with fine which may extend to one thousand rupees. **62C. Penalty for neglect or refusal to give information as to insurance or to produce** **certificate of insurance.—If any person without reasonable cause neglects or refuses to give** information as to insurance or to produce the certificate of insurance under the provisions contained in Chapter VIA, he shall be punishable with fine which may extend to one hundred rupees.] **3[62D. Punishment for offences relating to pollution.—Whoever contravenes any provision** of Chapter VIAB or of any rule made thereunder, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both.] **62E. Offences by companies.—(1) Where an offence under Chapter VIAB has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under Chapter VIAB has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation—For the purposes of this section,_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.] 1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978). 2. Ins. by s. 29, ibid. (w.e.f. 1-5-1978). 3. Ins. by Act 35 of 2007, s. 13 (w.e.f. 21-2-2008). 32 ----- **63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or** **life or limb.—** If any person employed or engaged in any capacity on board an inland 1[mechanically propelled vessel], „by wilful breach or by neglect of duty, or by reason of drunkenness— (a) does any act tending immediately to wreck, destroy or materially damage the vessel, or to endanger the life or limb of any person on board, or belonging to the vessel, or (b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate wreck, destruction or material damage, or for preserving any such person from immediate danger to life or limb, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both. 1[63A. Desertion and absence without leave.—If any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the following offences, he shall be liable to be punished summarily as follows:— (a) if he deserts from his mechanically „propelled vessel, he shall be guilty of the offence of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel and of wages he has then earned and also to imprisonment which may extend to three months; (b) if he neglects or refuses, without reasonable cause, to join him mechanically propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any time within twenty-four hours of the vessel sailing from a port or ghat either at the commencement or during the progress of a voyage or is absent at any time without leave and without sufficient reason from his vessel or from his duty. he shall, if offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave and be liable to forfeit out of his wages a sum not exceeding two days‟ pay and in addition for every twenty-four hours of absence either a sum not exceeding six days‟ pay or any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months. **63B. General offences against discipline.—If any person employed or engaged in any** capacity on board a mechanically propelled vessel commits any of the following offences, he shall be guilty of an offence against discipline and he shall be liable to be punished summarily as follows:— (a) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat or port or ghat of delivery, he shall be liable to forfeit out of his wages a sum not exceeding one month‟s pay; (b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, he shall be liable to forfeit out of his wages a sum not exceeding two days‟ pay; (c) if he is guilty of continued wilful disobedience to lawful command or continued wilful neglect of duty, he shall be liable to imprisonment which may extend to one month and also to forfeit over every twenty-four hours continuance of disobedience or neglect either a sum not exceeding six days‟ pay or any expenses properly incurred in hiring a substitute; (d) if he assaults the master or any other officer of the vessel, he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both; (e) if he combines with any of the officers to disobey to lawful commands or to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage, he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both; (f) if he wilfully damages his mechanically propelled vessel or commits criminal misappropriation or breach of trust in respect of or wilful damages to any of her stores or 3. Ins. by s. 30, ibid. (w.e.f. 1-5-1978). 33 ----- cargo, he shall be liable to forfeit out of his wages a sum equal to the loss sustained and also imprisonment which may extend to three months. **63C. Entry of offence in official log-book.—If any offence within the meaning of this Act** of desertion or absence without leave or against discipline is committed or if any act of misconduct is committed for which the offender‟s agreement imposes fine and it is intended to enforce the fine,— (a) an entry of the offence or acts shall be made in the official log-book and signed by the master and one of the persons employed or engaged in any capacity on board of the mechanically propelled vessel; (b) the offender shall be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; (c) a statement of a copy of the entry having been so furnished and entry having been so read over and the reply, if any. made by the offender shall likewise be entered and signed in the manner aforesaid; (d) in any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion refuse to receive evidence of the offence or act of misconduct.] 1[ 2[63D.] General provision for punishment of offences not otherwise provided for .—If any person contravenes any of the provisions of this Act for which no other penalty is provided in this Act, he shall be punishable with fine which may extend to two hundred rupees.] **64. Levy of fine by distress of inland mechanically propelled vessel** .—Where the owner or master of an inland [3][mechanically propelled vessel] is convicted of an offence under this Act or any rule made thereunder committed on board, or in relation to, that 1[mechanically propelled vessel], and is sentenced to pay a fine, the Magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of the 1[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so much thereof as is necessary. **65. Jurisdiction of Magistrates.—Except in the case of an offence against any rule made** under section 53, no Magistrate shall try an offence under this Act, or any rule made thereunder, unless he is a Presidency Magistrate, or a Magistrate whose powers are not less than those of a Magistrate of the first class. **66. Place of trial.—If any person commits an offence against this Act or any rule made** thereunder, he shall be triable for the offence in any place in which he may be found or which the State Government, by notification in the Official Gazette, appoints in this behalf, or in any other place in which he might be tried under any other enactment for the time being in force. CHAPTER VIII SUPPLEMENTAL **67. Power for State Government to make general rules.—(1) The State Government may, make** rules to carry out the purposes of this Act not otherwise specially provided for. (2) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **68. Power for State Government to modify application of Act to certain inland** **mechanically propelled vessels.—The State Government may,** [4] *** by notification in the Official Gazette, declare that all or any of the provisions of [5][Chapters II, IIA and III] shall not 1. Ins. by Act 26 of 1951, s. 7. 2. Section 63A renumbered as section 63D thereof by Act 35 of 1977, s. 30 (w.e.f. 1-5-1978). 3. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978). 4. The words “with the previous sanction of the G.G. in C.” rep. by the A.O. 1937. 5. Subs. by Act 26 of 1951, s. 8, for “Chapters II and III”. 34 ----- apply in the case of any specified class of [1][mechanically propelled vessels], or shall apply to them with such modifications as may be specified in the notification„ 2[69. Exemption to Government vessels from fees.—The State Government may, by notification in the Official Gazette, exempt all or any mechanically propelled vessel belonging to or in the service of Government from payment of any fees payable by or under this Act.] **70. Power for Central Government to define tidal water.—The [3][Central Government] may, by** notification in the Official Gazette, define how much of any tidal water shall be deemed to be an inland water for the purposes of this Act. 4* - - - **71. Fees recoverable as fines.—All fees payable under this Act may be recovered as fines under this** Act. **72. Certificated masters of inland mechanically propelled vessels to be deemed pilots under** **section 31 of Act 15 of 1908.—(1) Subject to the provisions of section 31, every master of an inland** 5[mechanically propelled vessel] who possesses a master‟s certificate granted under this Act and in force shall, in ports to which section 31 of the Indian Ports Act, 1908, has been extended, be deemed, for the purposes of that section, to be the pilot of the [5][mechanically propelled vessel] of which he is in charge. 6* - - - 7[72A. Endorsement of certificates and licences granted in Bangladesh.—Any certificate or licence granted by the [8][Government [9][of Bangladesh]] in accordance with the provisions of any law law for the time being in force in [10][that country], corresponding to the provisions of Chapter II or Chapter III of this Act may, on payment of the fees prescribed for the grant of a similar certificate or licence under this Act, be endorsed by— (a) the Government of any State in India, or (b) with the general or special sanction of the Government of such State, by any authority competent to grant a similar certificate or licence under this Act, and upon any such certificate or licence being so endorsed, it shall have effect as if it had been granted under this Act.] **73. [Application of Act to vessels propelled by electricity or other mechanical power.** ] _Omitted by the Inland Steam-Vessels (Amendment) Act,_ 1977 (35 _of_ 1977), _s._ 33 _(w.e.f._ 1-51978). **74. Publication of rules.—(1) The power to make rules conferred** [11] [on the Central Government or a State Government] by this Act is subject to the condition of the rules being made after previous publication. (2) All such rules shall, when made, be published in the Official Gazette, and shall thereupon have effect as if enacted in this Act. 12[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament. while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978). 2. Subs. by s. 31, ibid., for section 69 (w.e.f. 1-5-1978). 3. Subs. by Act 38 of 1950, s. 2, for “State Government”. 4.The proviso omitted by Act 38 of 1950, s. 2.Earlier inserted by the A.O. 1937. 5. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w,e.f. 1-5-1978). 6. Sub-section (2) omitted by the A.O. 1948. 7. Ins. by Act 58 of 1949, s. 2. 8. These words shall stand unmodified, _vide the A.O. 1950._ 9. Subs. by Act 35 of 1977, s. 32, for “of a province in Pakistan” (w.e.f 1-5-1978). 10. Subs. by s. 32, ibid., for “that Dominion” (w.e.f. 21-2-2008). 11. Subs. by Act 35 of 1977, s. 34, for “on a State Government” (w.e.f. 1-5-1978). 12. Ins. by s. 34, ibid. (w.e.f 1-5-1978). 35 ----- sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that4he rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1[(4) Every rule made by the State Government under this Act shall be laid, as soon as may may be after it is made, before the State Legislature.] **2[75. Repeal** and saving.—(1) If immediately before the day on which this Act comes into force in [3][the territories which, immediately before the 1st November, 1956, were comprised in a Part B State], there is in force in [4][those territories] any law which corresponds to this Act, such corresponding law shall, on that day, stand repealed. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by such corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by this Act, and any penalty incurred or pr oceeding commenced under such corresponding law shall be deemed to be a penalty incurred or proceeding commenced under this Act, as if this Act were in force on the day on which such thing was done, action taken, penalty incurred, or proceeding commenced.] 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 2. Ins. by Act 26 of 1951, s. 9. The original s. 75 was rep. by Act 12 of 1927, s. 2 and Sch. 3. Subs. by the A.O. (No. 3) 1956, for “a Part B State”. 4. Subs., ibid., for “that State”. 36 ----- SCHEDULE I RATES OF FEES [See sections 6(a) and 19(d)] For [1][mechanically propelled vessels] of less than Tons Rs. 100 25 „,,,, 100 tons and up to 200 40 ,, „ „ 350 50 For [1][mechanically propelled vessels] of 350 tons and up to Tons Rs. „,,,, 700 „,,,, 1,000 80 „ „ „ 1,000,, „ „ 1,500 100 ,, „ „ 1,500” and upwards …… 120 _________ _SCHEDULE 11.—[Enactments repealed.] Rep. by the Repealing Act,_ 1927 (12 _of_ 1927), _s. 2 and Sch._ 1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978). 37 -----

27-Jun-1988

1

The andaman and nicobar islands khadi and village industries board regulation 1988

https://www.indiacode.nic.in/bitstream/123456789/18987/1/andaman_and_nicobar_islands_khadi_and_village_industries_board_regulation_1988.pdf

Andaman and Nicobar Islands

###### " , ,- mantra am raffle": [newer] ###### NICOBAR GAZETTE ##### ANDAMAN [AND] ‘ Wm ###### EXTRAURDINARY n nrfim‘rt é WEI? ###### Published By Authority ‘ a’. 74, [szz‘] fiat, 3am [Io] smear. 1988 1938 ###### No. 74, [PORT][ BLAIR,][ WEDNESDAY][ 10][ AUGUST,] ANDAMAN & NICOBAFI [ADMINISTRATION] SECRETARIAT ###### NOTIFICATION ‘ " For! main dared [the10|h] Augusr,1988, No. 71/88 F. No,50»459/38 Dev. I.—Tne [Andaman][ and] Nicobar [Islands][ Khahi][ and] VIllage> Induslnes eoard Hegulahon, [1988] published [in][ Pan][ Il—Seclianl][ olme][ Gazene] oI Governmem [of] lndIa—Extraordmary [bearing][ No.][ 42][ daded][ 27-6-1588][ ls][ hereby][ la-publlshed] in rhe Gazelle [of][ Andaman][ and][ Nicobar][ Adrmnisrration][ for][ inIormalion][ of][ lhe][ general][ publIc.] It shall [come][ into][ force][ from][ 16-] 4988 (FM; By [order] & On behalf [of][ me][ LI.][ Governor] ###### (VA [Abraham)] Assisran; [Secretary][ (Dem)] MINISTRV [OF][ LAW][ AND][ JUSTICE] ###### (Legislauve [Departmem)] I ' New Delhi, [the][ 27th][ June,][ 1988/Asadha][ 6,1910][ (Saka)] THE ANDAMAN [AND][ NICOBAR][ ISLANDS] KHADI AND VILLAGE [INDUSTRIES] BOARD [REGULATION][ 1988] No. ’l of [1933] ‘ The Thirty-ninth [Year][ of][ the] Promngated [by][ the][ President][ in] Republic [of][ India.] for (he [establishmem] 013 Board [for] the developmemA Regulalionof khsdi[(0][ provide]and village Indusxries In the Andaman and therewith. Nicobar [Islands][ and][ for][ maners][ connemed] 240 of the Gunsh- ln exercise [of][ rhe] powers [conferred by][ article] lullon, the President [Is] pleased [ro][ promulgate][ the][ Iollawing][ Regularlon] made by [him][ :-] CHAPTER I PRELIMINARY 1. (1) [This] regulaxion may be called the Andaman and Nicobar 51“,ermm [and] wmmcnccmcnl Islands [Khadi][ and][ Village][ Industries][ Board][ Regulation.][ 1988.] the Andaman (2) 1‘ extends [to][ me][ whole][ of][ the][ Union][ rerrirory][ cf] and Nicobar [Islands.] ###### Price: Rupee [One][ and][ Twenty-five][ Paiea][ 0n_ly.] ----- #### \ ‘ (3) It shall come‘ into torce on such date as the Administrator’ may, by notifilqat'ionjn [the][ oificial][ Gazette.][ appoint] ‘« “ H Definitions 2. In this Regulation, unless the context otherwise requires,— (a) [”Administrator“] means the ‘Administrator or the Union ###### territory [of][ the][ Andaman][ at][ Nicobar][ islands][ appointed][ by] the Presi— dent under article 239 of the Constitution; (12) [”Board"] means the Andaman and Nicobar Islands Khadi and Vll|age Industries [Board][ established][ under][ section] 3; (c) “bye-law" [means][ a] Dye»law [made][ by][ the][ Board] under this Regulation; (d) [“Chairman"][ means][ the][ Chairman][ of the][ Board;] (e) [“Commission"] means the Knadi and Village Industries (ii or 1955 Commission established [under][ section][ 4][ ol][ the][ Khadi] and Village industries Commission Act, [1956;] ###### (ri'touncil'jmeens the Pradesh Council constituted under a or 1979 section3Regulation,or the[1979;]Andaman and Nicobar islands ‘ (Administration)' '- i (g) ["Khadi"][ means][ any][ cloth][ woven][ on][ handlooms][ in][ India][ from] cotton, silk [or][ woollen] yarn [handsnun][ in][ mm][ or][ from][ a][ mixture] of any [two][ or][ all][ of][ such][ yarns;] means a member of [the] Board; (in) [“member"] Andaman and Nicobar islands (i) ["Official][ Gazette"][ means][ the] Gazette; ###### (j) ["Prescribed"] means prescribed by rules made under this Regulation: (k) ["Vice-Chairman"][ means][ the][ Vice-Chairman]‘ [ or][ the][ Board;] ###### 0) [“Village][ industries"means~] “ (i) Any industry specified in the Schedule to the Khadi and fit or i956 Village [industries][ Commission][ Act.][ 1956;] ###### (ii) Any [other][ industry] which the Administrator may, after consultation [with] the Commission and [the] Board] speCliy by notification in the Official [Gazette.] CHAPTER [II] ‘ TheBoard Andaman [and][ Nicobar][ Islands][ Khadi][ and]' [ Vlllage][ Industries] Establishincntand incorpora- ilcation3. (1)[in] With[ the‘][ Official][effect][ lrom][ Gazette,][ such][ date]appoint[ as][ the]in[ Administrator]this behalf, theremay byshall[non-] be tion or Board established a Board to be called the Andaman and Nicobar Islands Khadl [and] Village [industries][ Board.] name aforesaid, mg) [The][ Board][ shall][ be][ a][ body][ corporate][ by][ the] having perpetual [succession] and a common‘seai, [with] power, subject to acqurre, hold and dispose [of] to [the] provisions [of][ this][ Regulation,] property, [‘both] movable and immovable, and to contract, and shall by the said [name][ sue][ and][ be][ sued:] ‘Provided [that] no immovable property belonging [to][ the] Board to any person other shall [be][ leased;][ sold][ or][ transferred,][ in][ any][ manner,] thanAdministrator,[the][ Commission,] except with the previous approval, orv the Constitutionat Board less than4. (1)[three][The][ and]Board[ not][ more]shall consistthan ten of to[such][be] appointednumber byof members,[the][ Adminis-]not trator [after][ consultation][ with][ the][ Commission.] (2) [The] persons [to] be appointed as members under sub-section ###### (i) [shall][ be][ as][ follows:—] (a) [one][ representative][ or][ the][ Commission;] (b) [not][ exceeding][ onesthird][ of][ the][ total][ number][ of][ members][ from] among [the][ officer][ of][ Government—ex][ officio;] ----- ###### 10,-1S§8t sIratormay, after consultatIon with the Com ission Chairman and ###### nomin‘ai’é‘t'h’a' [Chairman][ of][ the][ Board][ Ir'om] among [“‘Ih'a][ ‘riiamb'ers][ other] vice Chairman than those referred to_ in clause (hi of sub--section (2)} qt sectiorI4, or Board ###### who shall exercise and pericrm such powers and duties ol thea a as may be prescribed and another member to be the Vice- Chairman oi the Board who shall exams: and perform such powers and duties of ###### the [Chairman][ as] may [be][ prescIibed][ or][ as][ may] be delegated to him by the Chairman. 5 The Administrator' shallan appoim,a member, otherafter thanconsultation the Chairmanwith andthe SacrcIary ###### the ViceChairman, to 59 he Secre ry of the Board who shallflexercise and perform such powers and duties '0! the Board as may be prescribed or as may,b_e delegated l‘? [him][ by] yhe Chairman 7 Any member may resign [his] office by gi mg notice in writing to Rosillmtion [III] theGazeIIe Admby histr'oto‘r iii'e A endin'istrator,‘ on such resignation['shail][ be][ de] beliig"[ med]‘ ['] notiIie’d” to have III vacaté’d the‘ oiricial‘ his' officemembers by office. ###### 8 No act or proceeding of the Board shall be invalid by Vacanciesnot to invalidale ctc.. reason at— merely acts Ind pracec ding [or][ Board] ###### (a) any acancyin,‘ ' ‘ or ‘any " defect' " in the const'utic“ " ' "otrhe Board;_‘or‘" member(b) ofany this[defect] ‘:Beardinorthe apporntment' at a person acting as a icy any IrregulartlyIII the procedure of Ilia Board not aflectirtg the merits of the case' ###### 9 (1) The Administrator shall appoint a person, not boinga FIrIantIIIladI/Iscr member, to [be] the: FlnanCIal Advisor and Chief Accounts Officer of the and Chict Acc- ounrs orrIcar a'oara who shall exermse anal perrorrn such ‘pawers and duties of Ili'e and Executive Board as may he prescrib ct. Officer of Board (2) [The] Administralor shall also appoint'a person; not being a member, [to][ be][ the] Executive Officer of the Board who shallexercise and perform such powers and duties of th Board [as] may be prescribed or as may be delegated to him by the I: airman. 10 The term of attic: and the terms and conditions of service of 1mm of office and terms and the Chairman, the Vice-Chairman, the Secretary [to] the Board and the mud other members and of the Financial Adviser and Chief Accounts Officer and me Executive omcer of the guard shall be such as may be prescribed. Ch Irntllla secretary [5‘] other Incmhcrs. erc. in this11 behalf, (1) Subject the Board to such may Iules appomt as may such be other made officersby the and Administrator employees 0”»chemployeesnoanl and [of] as It may considernecessary tor Ihe' eihcienr performance ofltsf ction: Provided that no person whose honorarium or maximum salary exceeds three hundred rupees par month shall be appointed byths ###### Board except with the previous approval of the Administrator. (2) [The][ terms][ and][ conditlnns] aI service of the oIIIcaIs anri ema- loyees or [the][ Board][ shall][ be][ such] as may‘ be aeraIr‘n‘i‘r‘Iaa by byelaws 12.‘ (1) The Board may associate [with][ itself][ in] such manner and ior Temporaryassociation at such purposes as may be determined by bye- laws, any person [or] persons pencils [with] whoseprovisions assistance[or][ this] orRegulation. advice it may‘ [desire] in complying. with any 01 the BoardParticular lar pin- (2) [A] person [associated][ with][ the][ Board][ under][ sub]section (1) shall poses have Ina right [to][ take] part [In] the discussions of the Board relevanl to me purpose for which he has been associated, but shalt‘ not have the right [to][ vote,][ and][ shall][ he][ entilled][ to] receive allowances and fees ###### such as may be fixed by the Administrator ----- 4 THE AN DAMAN [AND][ NICOBAR] BoardMcctlngs [oi] suprect‘13. to[(1)"The]the [ Board]provisions[ shall][ meet][ot] sub-sections[ at] such times(2) andand (3),places,observeand shall, such rules of procedure in regard to the transaction of business at its Meetings (including [the][ quorum][ thereof)] as may [be] provided by [by~laws2] ###### ’Prpvided'that‘tne’ i ' Board shall meet"' [at] least once in every two months: Provided [further][ that] when [the][ Chairman][ decides][ that][ an] emergency meeting [of] the Board shall be called in the interest of the' Board,‘ [he] ' shall [fix][ the][ time][ and] place [for][ the][ same.] absence(2) The‘Chairman,[of] both, any or[member] in his chosenabsence bythetheVice-Chairmanmembers present'iromor, in the ' among them 'alves; [shall][ preside][ at][ a][ meeting][ of][ the][ Board.] of the Board [shall] be decided by [a] maiority(3) [All][oi][ the][ questions][ votes] [ at]of[ a]the[ ‘meeting]membersthe Chairman,present and[or] votingin his absence,and in thethe case [or][ an] equality [of][ the][ votes,] shall Vice-Chairman,.or in the absence, [olbath,] the [person][ presiding.]‘ have a second [or][ casting][ vote.] (4) [The] minutes [of][ the] meetings thatof thepurpose,Board shalland shall[be][ drawn]be laid[ up] andoeiore[recorded] the [next][ in][ a]meeting[ book][ to][or][ be][ the][ kept'tor]Board and signed at such meeting by' the presiding [otiieer][ thereon] (5) [The][ Board][ shall][ iorward][ to][ the][ Administrator]or any meeting[ and][ the]of[ Commission]the Board copies [of][ the][ minutes][ of][ the][ proceedings]which the minutes or the procee- within liiteen days [from][ the][ date][ on] dings [of][ such][ meeting][ were][ signed][ under][ sub-section][ (4).] y Stand imt [Finnnce] 14. The Board may [constitute] from among the membersthe orBoard. the Committee Board 3 Standing [Finance][ Committee][ relating][ to][ finances][ of] Appointmentother Commi-[or] ttees15.for Thethe Boardpurpose may, or[from]securing[ time][ to][ time,]the [ appoint]efficient[ one]performance[ or][ more][ commi-]of its. trees lunction, and [in] particular, [for][ the][ purpose][ at][ securing][ that][ the][ functions] are performed [with][ due][ regard] to the circumstancesCommitteesand requirementsmay be of khadi [or] any particular [village][ industry][ and][ such] ###### appointed for [any][ particular][ area][ or][ areas.] ‘ ‘ ’ CHAPTER [III] FUNCTlONS [OF][ THE][ BOARD] , Functions [0!] 16. (1) Subject [to][ the][ provisions] of this Regulation, [thetunctions] Bo: rd. of the [Board] shall generally [be] to plan, organise [and] implement prog- rammes [for][ the][ development][ of][ knadl][ and][ village][ industries,] (2) In particular and without prejudice to the generalityfit—-of the ###### foregoing [power,][ the][ Board][ may][ take][ such][ steps][ as][ it][ may][ think] (a) to assist, promote and encourage [the] production [of][ khadi] or the development [of][ village][ industries;] khaoi, or products or to) [to][ carry][ on][ trade][ in][ and][ business][ of,] village [industries:] .‘lv , ###### (c't‘o provide work to persons [professionally],_[ ‘engaged]. [ in]> [ the] . production [or][ khadi][ or][ in][ village][ industries;] (d) to grant loans to lndividua|s societies and institutions ###### engaged [in][ the][ production][ of][ khadi][ or][ in][ Village][ industries:] of co-operativs societies ior (2) [to][ encourage][ establishment] khadi or‘ village [industries:] i _ desirousvillage(t)'to industries:[of][plan]seekingand organise[employment]. training[ in] the productiontof . persons of khadiemployed, or inor ) [to][ manufacture][ implements][ required][ 'tor][ the][ production][ at] khadi or tor village [industries;] (h) [to][ arrange][ for][ supply][ of][ raw][ materials][ and][ imlalemem]industries;[ requi-] red [to] secure [the][ development][ of][ khadi][ or][ at][ village] ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIEIAUG. 10, 1988 5 ###### i) [to][ conduct][ publicity][ and][ propaganda] or khadi or products of village industries and for this purpose arrange to open shops, stores emporia [and][ exhibitions:] . ,, _ Ir(l) [to][ underlakn][ and][ oncourupo] research tor Ii-Ia improvarnent ###### otquality [and] marketability or khadi or products of village industries: I (k) to collect and publish, such statistics and in such manner. as may be prescribed, relating to khadi or village indusuies; (I) to carry out any other matters incidental to above . functions. the-‘ 17 Intna carrcrmanca ofits runctions under this 'Reouiation [the] Powerof Board shall be bound by such directions as the Commission may Com an to gwe [m][ it.] give [dtrccnons.] ’ ,I CHAPTER IV . . . ‘ '- Programme [For][ Schemes] 0f} [Work] 18. The Board shall prepare, in such [form][ and][ at][ such][ time] in sachi Preparation and ###### “WW“ ‘7‘ tinancialnyEar as may be prescribed, its'programme‘of [work][ for][ the] WWW“ next financial yearshowing— to execute(a) the whether particulars in part of the[or] schemeswhole; which the Board proposes , (u) the particulars of any [work][ or] undertaking [which][ the][ Board] proposes [to][ execute][ tor][ the] purposes [of] crrrying out its' functions under this chuiation; (c) such other particulars [as] may be specified by the Admini- strator; and iorward the same, before such date as may be presc- ribed, [to][ the][ Administrator][ and][ the][ Commission] 19.‘The Administrator may after consultation with the Commission, Sanctmn or approve [the] programme [referred][ to][ in] section 18 with or without del- Drawn": licatian. 20. The Board may prepare, insuch form and forward beiore such Supplcmcntary date as‘may be prescribed, its supplementary programme [tor][ the] approval vrosllmmv of the Administrator and the provisions [at][ section] 18 shall apply to such supplementary programme. Powrrof Board 21‘ [‘The][ Board] may, [with][ the] prevrous [approval][ or][ Ihe][ Administrator] ‘° "W 9"” make any alternation in any programme or supplementary programme mm” so long as [the] aggregate [amount][ does][ not][ exceed] the amount approved for such programme and a report ct such [alteration][ shall][ be][ forwarded][ to] the Commission [in] such [iorm][ and][ within][ such][ time][ as] may [be][ prescribed.] . n CHARTER [V] ' Finance. Accounts, Audit Arid Reports 22,,Tlte [Administrator] may payto the Board In each financial year Payment [to] 30““ gr’ams [and][ loans][ of][ such][ sums][ oft][ money][ as][ he][ may][ ‘consider] necessary for the efficient Performance of tits functions under this Regulation. 23. The Board may, for the purpose of development of kliadi or Board to receive ###### viiiage’industries [or] the development of khadi and Village industries, IRWIN”. [“9‘] receive gills. grants, donations, benefactiuns from the Government or any other person 24. (1) [Suspect][ to][ such][ rules][ as][ may] be made in this behalf Ieh gggg‘vgfimm Board may, withthe previous sanction of the Administrator, borrow money [from] any [source][ as] it may deem fit for its functions under this Regulation- , performing Provided [that] the previous [sanction][ of][ the][ Administrator][ shall][ not][ be] necessary [for][ borrowrng][ money][ from][ the] Commission. ----- (2) The Admi ’strator may guarantee [in][ such] manner, as he thinks lit, the repayment of the principal [and][ the] payment [of] interest thereon with respect to loans burrowed by [the][ Board] under sub-section (1). Ftutlis at Board 25 :(l)‘The Board shall haverhree eeperate [Funds][ to][ be] called the Khadi‘ Fund, the Village Industries Fund and the General ’and Miscellaneous Fund (2) [There] shall he credited— (a) to the Khadi Fund, all sums received by the Board tor pur- poses- relating to Khadi; » - r (b) to the Village industries Fund, [all] sums received by‘ the Board tor purposes relating to village industries; , r (c) to the General and Miscellaneous Fund. all other sums received by the Board 1 Provided that if the [amount][ available] in any [of] the side Funds is in excess of the requirements of that Fund and the amount available in any [other][ of][ the][ said][ Funds][ is] insufficient to meet the requirements [of] that Fund, 'the [Board] may, [with][ the] previous approval of the Admini- strator, transferrrom the first. mentioned Fund the excess amount‘ or such part thereof as may [be] necessary [to][ the][ other][ Fund,] Explanation [:——For][ the] purpose [or] computing the amount in any of the side Funds, the amount [received][ under][ section][ 23][ shall][ not][ be] taken into account. (3) All moneys belonging [to][ all][ the][ Funds][ referred][ in][ in] sub~section (1) [shall][ be][ deposited][ in][ the][ State][ Bank][ at] India or in such correspon- there ding new [bank][ as] may [be][ specified][ by][ the][ Administrator][ or,][ where] is no such bank, in any Government treasury, or be invested ‘ in such securities as may be approved by [the][ Administrator,] ###### Explanation [:—"Corresoonding][ new][ bank“] has the'meaning‘assigneo 10 «1949 to it in clause (da)'of [section][ 5][ of][ the] Banking Regulation [Act,][ 1949.] (4) The sums credited [under][ sub-section] (1),— (a) [to][ the][ Khadi][ Fund,][ shall][ be][ applied][ for][ the][ purposes][ relating] to khadi; purposes(b) relatingto the Village[to][ village]industries[ industries]Fund, shall - be applied for the (c) to the General and Miscellaneous Fund, shall be applied for the purposes relaling to khadi and Vlllage idnustries and for meeting [the] salary, [allowances][ and][ other][ remuneration] of the'Chair- man. ViccsChairman, Secretary, Members. Financial ’Adviser and Chief Accounts Officer, Executive Officer and other officers and employees [of][ the][ Board] and other administrative expenses of the Board: Power or Board 26. Subject to the provisions or [section][ 28,] the Board shall have to spend power [to] spend [such][ sums][ as][ it][ thinks][ lit][ on][ purposes][ authorised][ by][ this] Regulation : Provldodtthat nothing [in][ this] sectlon shall be deemed to prevent the Board [from] spending,with [the][ previous][ approval][ of][ the][ Administrator,] such sums [of] money [as][ it][ thinks][ (it] on any such purpose outside the Union territory [of][ the][ Andaman][ and][ Nicobar][ Islands.] Eflablishmcnl [of] 27. ' (1) [The][ Board][ may,][ from][ time][ to][ time,][ set][ apart] such some as Reserve Fund many [be][ directed][ by][ the][ Administrator][ to][ a][ Reserve][ Fund] (2) The Reserve [Fund][ shall][ be][ maintained][ in] such manner as may be prescribed. (3) The Reserve [Fund] shall [be][ applied][ tor][ the][ purpose][ of,][ setting][ off] of irrecoverahle [loans][ and][ losses,][ and][ direct][ trading][ activities.] and at such time in budget 28. (1) [The][ Board][ shall][ prepare,][ in][ such][ form] each financial year [as] may [be][ prescribed,][ its][ budget][ for][ the][ next][ financial] and year showing [the][ estimated][ receipts][ and][ expenditure][ oi][ the][ Board], lorward the [same][ to][ the][ Administrator.] ----- (2) The Administrator may sanction the Budget [with] or without modifications as he deems fit (3) The Board shall not be competent to transler any [amount][ sanc-] tioned roi one scheme to another scheme,— (a) where the amounts in respect [at][ such] scheme are allotted by [the][ Commission][ wrthout][ the] previous approval [of][ the] Commission; (b) in any other case, without the previous approval of lhe Administratori 29. The Board may, in any financial year, prepare supplementary Supplcmenmry Budget [in][ such][ torrn][ and] at such time as may be prescribed and the trouser provisions [of][ section][ 28][ shall] apply [in] relation to such Supplementary Budget. 30, (1) The Board shall maintain proper accounts and other relevant Accounlt and records and prepare an annual statement of accounts in snch form as And“ may [be][ determined] by [theAdminrstrator][ in][ consultation][ with][ the] Regional Audit Office, Port alair under the Accountant General (Central), Calcutta. (2) The [accounts][ of][ the][ Board][ shall][ be][ audltad] by [the] Regional [Audit] Officer. Port Blair under the Accountant General (Central), Calcutta or such other person as the Administrator, in consultation with the said oilicer, may appotnt, [and] any expenditure incurred in connection with such audit shall be payable by the Board to the Accountant Genearal (Central), [Calcutta,] (3) [The] Regional Audit Oflicer, Port Blair or any [other] person appointed by [him][ in][ connection][ with][ the][ audit][ or] the accounts of the Board shall have the same rights and privileges and authority in connec- ction with such audit as the officer generally has in connection with the audit of Government accounts and, in particular, [shall][ have][ the] right to demand the production of books, accounts, connected vouchers & other documents & papers at to inspect any of the offices of the Board. (4) Notwithstanding anything contained in subsection (2), the Commission shall have the right to audit and inspect the accounts of the Board pretaining to the amounts paid to the Board 'by [it] and the Board shall comply with such directions as the Commission may [issue][ in] this regard, (5) TJte [accounts][ of][ the][ Board][ as] certified by the Regional Audit orhcer [or] any [other] person [referred][ to][ in] sub-section (2) together [wrth] the audit report [thereon] shall [be] ,lorwarded annual to the Commission and to the Administrator who shalloause the same to be laid before the Council: ‘ (6) The Board shall comply with [such] directions as the Administra- nr may issue after perusal of the audit report, , 31: (1) 'l'he Board shall prepare, in such form and such lime in Annuulmport, each financial'vearas may be prescribed, its annual report giving full arc. account of [its][ activities] during [the] previous [financial] year and forward acfipy [thereof][ to][ the] Administrator and the Commission within three months from the and of [the] previous [financial] year. (2) The Administrator shall‘cause the annual report [to][ be] laid. as soon as- may be atter it is received by him, before the Council. (3)‘ The [Board][ shall][ furnish][ to][ the][ Administrator][ and][ thd][ Commission.] at such time and in such [form][ and][ manner][ such][ returns] and statements and such particulars in regard to any proposed or existing programme tor the promotion and development of khadi and village industries, as the Administrator or as the case may be, the Commission may, from time to time require, (4) The Board shall prepare and forward to the Commission a report [within] six months from the end of the previous financial year giving details or the— (a) amounts received by it in the previous rinancial year ###### from. [the] Commission; (b) the activities carried out by it with respect to which such amounts were received. ----- CHAPTER Vl MlSCELLANEOUS lrl Mum'c'sr 32. All members. Secretary, [Financial][ Adviser][ and][ Chief][ Accounts] 4501‘ “460 ###### $65335,» ottioer,,Executtivo otiicer and other officers and employees or the be public" Board shall;be [deemed,] when acting [or] purporting [to][ act][ in] pursuance servants. of the ptowsions of this Regulation, to be public servants [within] the meaning of section 21 of the Indian Penal Code. ###### Zifir’f‘fii‘g“ 33. No suit, prasecution or othet legal proceeding shall lie the Administrator or the Board or the Chairman orthe Vice-‘ ###### my.“ [faith.] against Chairman or any member orSecretary or Financial Adviser and Chiel Accounts Officer or Executive officer or other officer or employee of the Board tor anything [which] is in good [tarth] done or intended tothereunderbe one ‘ 'under this Regulation or the rules or bye-laws made rowan» 34 (1) [‘lt] the Administrator is of the opinion that the Board is supersedeBoard‘ unable to perform, or has persistently made defaultin theperformance of, the duty imposed on it by or under this Regulation at has exceeded or abused‘ its powers, or has wilfully or without sufficient cause, failed to comply With any [direction] issued by the Commission under section 17 or by [the][ Administrator][ under][ sub-section] (6) [of][ section][ 30,] the Administrator may, by notification in the Official Gazette, super— sede the Board for such period as may be specified in the notification: Provided that before issuing a notification under this sub—section, the Administrator shall give a reasonable time to the Board to show, cause why [it][ should] not be superseded and shall consider the expla- nation and‘objeclions, if any, of the Boatd. (2) Upon the publication [of][ notification][ under][ sub-section] (1) supperseding the Board,— (a)‘ [all] the members of the Board shall. notwithstanding [that] their term of office had not expired, as from the [date][ of] supersession, vacate their offices as such members: (b) all the powers and duties which may, by or under the provisions [of] this Regulation, be exercised [or] performed by [or][ on] behalf of the Board shall, during [the] period [of][ supersession.] be exercised and performed by such person as the Administrator may [direct] (c) all property [vested][ in][ the][ Board][ shall,][ during][ the] period [of] supersesslon, vest in the Administratqt ###### (3)» [0n][ the] expiration [of] the period of supersossion specified in the notification issued under [sub-section] (1). [the][ Administrator] may— (a) extend the period ofsupeisession [for][ such] further period as he may consider necessary; [or] ' (b) reconstitute the Board in the manner provided [in][ section][ 3.] ###### MM” [°r] 35. lfany amount due to the Board in accordance with the terms “m” of a contractor otherWIse orany [sum’] payable in conection therewith has not been paid. the Board may, without prejudice to any other remedy provided by [law,][ recover][ such][ amount][ or] sum [as] arrears at land revenue, 1' ‘ PW“ 1° W“ as ,(1)‘ The Board may, after prior consultation [with][ the][ Financial] ###### “”1““ Adviser‘and‘crriet Accounts otrrcer to the Board, write oti losses upto [one][ thousand] rupees in individual cases falling under any [or] all ofrhe followingtr. categories,. namely [:—] , (a) loss or itrecoveraole [value][ of][ stores][ or][ oi] public money [due] to thett, fraud or such other cause; to) loss of irrenoverable advance other than loans: and ‘(c) deficiency [and] depreciation in the Value of stores ----- THE [ANDAMAN] AND NWZOBAR [EXTRAORDINARY] GAZETTE AUG. 10, [1938] 9 (2) [The][ Board][ shall]shall[ take][ suitable]also send[ acrion]to lhe[ against]Administrators[ the] persons [detailed][respon-] ‘ , sible [for][ the][ loss][ and]with the action taken against me persons, it any, report [together] . ###### responsible'for the loss. in this Regulation shall apply to losses'Explanation—Nothing[occasioned] by lrrecoverable[contained] loans and losses [exceeding] one thousandshall be rupees[obtained][in][ each]betcre[ individual]such loses[ caseand]are[ sanction]written[ ofihe]otr. [ Administrator] Delegatlcn. 37. The Board [may,][ try][ general][ or][ special]any [ order]other[ in]person,[ writing,][subject][ delegate]to to any [member][ or][ officer][ of][ the][ Board][ or] the [order,] such conditions [and][ limitations,][ it][ any,][ as][ may][ be][ specified][ in]the powers ' such of [its] powers [and][ functions][ under][ Regulation,], [ (except] under section 39) as it may deem necessary. 38. (1) The Administrator may. by notification in the Oiliclal Power-tomun-"L v/ of this Regulation. Gazette, [make][ rules][ to][ give][ effect][ to][ the][ pronsions] the generality of the ###### ioregoing(2) In[power,] particuiar,[ such][ rules][and][ without][ may][ provide][ preiudicerto][ tor][ all] or, any [of] the ' [following] maters, namely [:-] the duties [which] may, a)be performedthe powers [which]by the[ may]Chairman[ be][ exercised]and [ and]Vice-Chairman under section [5;] may (o) the powers [which][ may][ be][ exercised][ and][ duties][ which] Board under [section][ 5:] he pe ormed by [the][ secretary][ of][ the] which ###### maybe‘(c) periormedthe powers by[which]the[ may]Financral[ be][ exercised]attheAdvisor Board[ and]andunder[ the] Chiel[ duties]sectionAccounts[9:] officer [and][ the][ Executive][ Oiflcer] conditions [of] servrce at the(d) Chairman,the term ofthe[office] Vice-Chairman,[ and][ the][ terms]the[ and] secretary;AccountsotherOfficermembers[and] of the Board, [the][ Financial][ Adviser][ and][ Chief] yr the Executive [Oificer][ under][ section][ 10:] restrictions subiect to which (e) the number, [the][ control][ and] Board to be appointed under other [oltlcers][ and][ employees][ of][ the] section 11; coilectlon and publication (1) the statistics [and][ the]or sub-section[ manner][ of] (2) [or][ seclion16;] there [oturroerciaus][ (k)] the Board shall ###### prepare(g) [its]the programme[form][ in][ which,][of][ work][ and][ the]and[ time]the[ at][ which,]date before whichCommi-snah programme [shall][ be][ forwarded][ to][ the][ Administrator][ and][ the] ssion [under][ section][ 18;] programmeshai|be(h). [the][forwarded][and][ form][ date][ in][ which][ before]to the[ the]Administratorwhich[ Board][ shall]such [ prepare]supplementryunder [ its][section][ supplementary]programme207 ' r (i) the form [in][ which][ the] Board shall prepare reportsuchrelatingreport to alternation [or][ programme]the [Commission][ and][ the][ time]under[ Within]section[ which] 21; shall (i)[be][ forwarded]the procedure[ to] to be followed [and] the (1)conditionsof sectionto [24;]be observed [in][ borrowing][ money][ under][ sub-section] be maintained (k) the [manner][ in][ which][ the][ Reserve][ Fund][ shall] under [sub-section] (2) of section 27; the Board shall (I) the term [in][ which,][ and][ the][ time][ at][ which,] its supple- prepare [its][ budget] under [sub-section][ (1)][ of][ section]report[ 28,] under sub- mentarv budget [under][ section][ 29][ and][ its][ annual] section (1) or section [31;] may be, prescribed [or] (In) any [other][ matter][ which][ is][ to][ be,][ or] rules. in respect [of][ which][ provision][ is][ to][ be][ made][ by] ----- 10, 1990 I AND NICOBAR [EXTRAORDINARVflGAZE'i-FE][ AUG] 1D WE [ANDAMAN] of the ###### Powerpmakabyc‘ilwat Administrator,as. (l) byThe[notification]Board may,in thewithofOfficialthisthe RegulationpreviousGazette, [approval]makeand bye-laws,the rules not inconsistent [with][ the][ provisions] made [under][ section] 33, generally to carry out the purposes [of][ this] ###### Regulation, foregoing(2) in particularpower] such[and] byelawswithout preiudicemay provideto forthe all generalityorv any of[of] thethe lollowing matters, namely [:-] employees(a) the[of][ the]terms[ Board]and[ under]conditions[ sub-section]of service(2) [or] sectionof [alficers][11;] and may (b)associatethe mannerwith[in][ which]itself [ and]any [ the]person[ purposes][under][ for]sub-section[ which,][ the][ Board](1). ol ###### sectioan; , of the Board shall ‘ (c) the [times][ and][ places][ at][ which][ meetings]there at and [the] number, [of] be held [and] procedure [to][ be][ followed] members [which][ shall][ form][ a][ quorum][ at][ a][ meeting][ under][ sub-section] (1) [of][ section] 13 Ruleslaws [to] and[ be] bye. be‘ laid,40. [as]Everysoon[rule]as[ and]may[ every]be[ bye-law] alter it [ made]is made,underhefnre~each[this]Of thirtyRegulationdaysHousetof[which][shall] laid [before] Parliament, [while][ it][ is][ in][ session,][ for][ a][ total][ period] Parliament mayandsession[be]if,[ comprised]beforeor the successivethe[ in][ one]expiry[ sessmn]ofsessionsthethe[ ur]rulesessioninaforesaid, twoor bye-law[or]immediately[ more]both[ successive]or theHouses[iollawmg][both][ sessions,]agreeHousesthein making any [modification][ in] made the [rule][ or] bye~|aw agreeshalleffect,[there][that][as][ the][ the][ after][ case][ rule]have[ may][ or][ bye-law]effectbe; so,[ should]only[however]][in][ not]such[ be]thatmodified any [such][[form][ modification][ or][ be] DC [no]or annulment shall be without prejudice to the validilytof. [anything] ###### previously [done] under [that] rule or hyedaw, R. VENKATARAMAN, ‘ President, R. VENKATARAMAN - or lndi ###### Additional Secy.‘to [the][ Gov‘r.] -----

1-Jan-1951

1

The andaman and nicobar islands entertainment tax regulation 1951

https://www.indiacode.nic.in/bitstream/123456789/18983/1/ani_entertainment_tax_regulation_1951.pdf

Andaman and Nicobar Islands

IJ.!ri.8 "J.'lDAr:L;;."'\J" .dl\JD NICOB_'lit ISL.-i.ND3 .cjNTl2i.!:t'i'AIN1Yl.6NTS 'I'AX llEGULA'I' ION , 1951. No.1 of' 1951" (As modified upto July 1979.) A Regulation to provide for the J.evy of _a_ tax on ###### entertainments in the Andnman and Nicob~r Islands. In exercis~ uf the powers conferred by clause (2) of' article 243 ~f -the--C8!ftiaTt5_tton7"-the Presid-e:rr:& **'f** **•** ###### pleased to promulgate the following Regulation made by hi'!.Tl:- ###### 1. Short title, ex~entt commencement and npplication:- ###### (1) This Regulation may be called the Andaman and Nicobar IsL~nds ~ntertainments Tax t, Ro gu Lvt a on , 1951. ###### (2) It,c:"t :;C':ds tu the whole of' the Andamnn ('..l".d Nic ::Jbo.r Is l.D,nds. 1 (3 ) It shall ~"1e into force on such date o.s .. ###### t:le Gentra..L~';'_lverlll!10n~ may ~ by nut i:ficat: in the Of'f'icial Gazotte, appoint. (4) It shall app~v in the first instance on~ ###### to the .Loc a L areas specified in the Sche' but the Chief Commissione::: may , by n o tLf cation in the 0f'f'icial'Gazette direct th ###### i~ 8ho.l1 o.p p Ly to any othnr .Lo c a L arGo. f such date as may be specified in the -, 2. Defi ujt .i . 'l18 : - In this Ro g'u Ln t i._Ill, unless context - yclwrwi_R() l.'0quiros:- (1 ) _11_ o.0_miss ion to ari c n t e r tio.i.nrno n+" inclu<'i ###### admissiun -\;"0 any p.:i.nce in which -the eIlt tninment L~' 'held; - ,.,. ( 2) _11_ o.griculture" incJ_u.loG h()rti.cuJ_tuYc",,[lnC _L:J i . vo --,:; _.L r:_ 0C kb r00 d lui g i **"** ----- ###### 2 (3) "entertainment" includ2S nny exhibition, perfor- ``` mo.nce, amusement, game or sport to which perSRnS are admitted on ,payment; (4) rtpayment for o.dmisGion" inc'J.udas- (i) any payment mnde by person who, having been admitted to one part of a place of entertailinent is subsequently ad- mitted to aliother part thereof, for admission to which 0. payment involv- ing tax or e./.lditi:onal tax is required; (ii) any paymen1i :for e co.t o or other accommoda- tion :i,nLJ)lnce of entertainment; (iii) any pnyment fur a programme or syn.psis of an entert~inment; and ``` `(iv) Qny` `payment` `IU~` `any` `purpose` `who.tsoever` _c_ `connected` `with` `an` `entertainment` `which` _a_ `person` `is` `required` **t.** `make` `as` a oerid i, •... `tion` `of` 0.. tterlding `or` `continuing` `to` 0, tten ``` the entertai:':lmont in nddi t ion to the payment, if any, for admission to the Gntertninmord; ; ``` `(v)` **"p,I."J'prietor"** `i:Zl` `relt3.tiun` `to` `any` `entertnin-` ``` ment includes nny person responsible for the management thereof; and (vi) "s ... ciety" incluues a company, institution, club or otner association of persOns by whatever Hnme called. Levy of entertainments tax;--.- On each payment f>r admission to an entertnin- ``` `ment` `in any` `lecal` `areo.` **t.** `Hhich this` `Reguktion is` **f.r** `the time` `be ing` `appJ_ico,ble,` `'there` `shall be la .• i_ec` ``` and paid to the Central Government, a tax (herein- following Tates ll.:l-mely. ``` ----- ###### 3 I ``` Ivhere the payment, excluding the amount of the tax does not exc~ed fifty p~ise five paise exceeds fifty paise byt does not exceed one rupee fifteen pai exceeds one T't-1;poe but d'~es nut exceed tuo rupees twenty-five exceods two rupees but dues not exceei three rupees forty paise exceeds three rupe~s but dues not exceed four rupees fifty paise eX.3eds four rupeos but does, not exceed five rupees seventy-fiv exceeds five rupeea but doos not exceod six rupoes and fifty po.ise one rupeo; excoeds six rupees and fifty paise but does not excoed ten ###### rupees one rupee I: paise; ``` , `exce0ds` `ten` `rupees` `o rio` `rup~e` f ``` paise plus five paise ``` `five` .r-u p e e s ``` thereof' in the fi~t rupees.!,.! . ###### (2) If in rospect of any entertainment to which ``` `admi6si.Jn` `is` `gouerully` 011 `p[l.J{ment,` `o.ny` `pers~n` `is` `admi tted` `freo cf` `charge or at` `a roduced` `charge,` `he` slut. ``` be 1,iable tc pay tho same nmount Jf ontertn.illments to.x ``` `o.s` wh ou Ld have `been` `pnyo.ble` `by him hnj` `he` `been` o.drn i, tte' ``` 0n full payment to the class to which he is entitle to be admittoJ., ###### (3) Vfhere the payment for ndmission to all c>ntertn. ``` mo ri s `is` `I11D.de` `by` mo n.n.s `of` Q. `lurap` `sum` `pn.id` `n.s` 0. `subscrip` `tiJn` `...)r` `c011trihutivll` `to` `nuy` `sc.ciety,` `or` `for` 0. `seaS')n` ###### ticket 0r fur the right o f ndmissi.on +o a saries of I entertainment or tv o.rry ,-,ntert:,tinmellt during 0. certain `pariud` `nf time,` **sr** `for` (lllY `privilego,` `right,` `facilit,` `t-r` `thing` o omb i.no d `vlith the` `right` o f `o.Jmissioll` `without` C1 rouuced ch,;.rge, the ontGrtain ###### ments tax sh(1.J_l b-o paiu on the nrno uri t of the lump sum, but whore the Chio£ c</Illmiss i011er is, of tho o p Lrr i.ori thr ----- _L_ ``` tho payment of a lump sum or any payment for c ``` `ticket` `represcnts` `payment` `fOJ:(wthGr p r Lv i` Lo gc o I ``` rights. or purposGs besiS2S thG admission to c Gntortainment~ or covers admission to o,n ontel to.inment during any period fur which the tc is not payable, the tax shall be charged on Sl amount o,s appea.rs to the Chief Cemmissioner tc represent the riGht of o,dmission to ent rtainr ``` `in` `respect` `of` `which` `the entertninmonts` _~ax_ `is` ``` payable. ###### 4. ]\1annor of admisf3ion n.rid paymGnt:- Save as o t ho r-w Ls c p r ov a do d by this Reeul_').- ``` `no` `person,` `other` `tha.n` 0. `person` `who` `has` `SOme` `duty` ###### perform ln connection with thG entorto.inment or 0. ``` imposod upon him by law, shall be admitted tc a.ny , ``` `tainment,` `Gx~ept` `with` iJ, `tickpt` ``` Gmpossed, engraved or-adhesive sto,mp (not previous used) issued by the Centro.~ Govornment for tho pur ``` " ``` of rGvenUG arid dG-noting that thG proper e n t o r-t n Lnrn ``` `tax` `payable` `,under` `section` 3 `has` `boon` `paid.` 5." `Penal ty-` `for n on c-po.yme n t of` **tnx:--** ``` el) No person liable to pay entertainments t sho,ll enter or obtain o,dmission to an ``` `entertainmen~` `without` `payment` `of` `the` t `le-viable` `under` `section` **3.** ( 2) `Any PGrson` `whc` `onters` "o r - `obtnj.ns` `ndmis[` ``` to an entertainment in contravention ( provisions of sub-section (l) shall, convict ion be punisho.b-le \",i th fine wh: may extend to two hundred rupees and E in addition to be liable to pay the o i tainments tax levi[,blo under soction : ###### (3 ) If any person lio.~lo to pay ontortainmel ``` `tax` `is` `admitted` `,to` n `plo,cG` `of` `enterto.` ``` mo n b without pCtymont of- the tax lovaa' under section 3 tho proprietor of the ontert~inmont to which s~ch person is ~dmitted shall, on conviction be puni ,for every such offence w'i th f'ine whic ``` ~ **..** " .~ . ----- 5 `Gxtend` `to` `five` `hundrud` rur>G(~ s. ``` (~) Notwithstanding anything cont~iried in any othor lnw, but without pre- judice to the provisions of subse~tion (l) of section ``` 5, `the` `dist:±ict magistrate` `may,` _a;y_ `or(':o:::,~` `revoke` `or` ``` suspend may licence fo r- an entert[!.inment e:ranted undor ``` `any` `law` `for` `tho` `time` `being` `in` `force` if `tho` `proprietor` `of such` `entertc.~nrnel1:t` `is` o orrv i.ot e d `under` `tho` `provisionG` ``` of this Rogulation. ``` ( 2) `An` `order` `made` `under` [e ]ub [-]--- [. ] [S0 ] [ob ] [i ] `[o][n ]` (l) `shall` `be` `sorvod` `upon` `tho` `p~opriotor` by `delivering` ``` or tendering it to him or~ if it cannot be so delivered ~r tundurod~ by affixing ###### -_ o:£" the premises ``` vrh o r-o the `el'"-::;or~~i?nne-ig,,_t__=h-s` heJ_d. `unG_ er` `sv b -sGC~l.` `On ,` `\ I` _l' )_ `Hhithin` `one` ``` Donth of its service upon, him, appeal ~hcroY~am to tho Chief Comolssioner whose ``` d o c i.o Lon `in` `th0` `!,lattOY'` `s:-lC!.ll` `be` f `Lria L,` `Prohibition` `aeainst` `re-snlc` _J~_ `ticket--` ``` (l) Notwithstanding anything contained in any ###### h'.1' for tho time JC il':.g in force c.. ~cickot f8r adoission to aU Gntarta~nment sholl no~ be :co-sold ~or pro~it. ``` (2) `Whoever` `re-sells` `en~-` `ticket` ro r `.J.dmission` `to` ``` nn entertainment for ~roflt shall ~n c oriv i.c+ci ori be pUllisl:'ntle '-1-~th f'inG which ``` IT'..:J.y `oxtend` `to` `-:;` h) `h und` `io d` `rU;?e2s.` ``` 8. Exemptions:-- ``` `(l)` `The` `eliltcrto.inmentc` `c o.x` SllGLL `n oc` `be` `cho.:cged` **.....** **__** 011 `payments` `for` `o.c:missiGr_` `to` `o,ny` `cnterto.in·` `mo ri t;` `"There` _t~........c.u._:'.,.,=:~ `::oomissioner` `is` ----- 6 (0.) `the` `whole` `f` `ghe to.kines` `thereof` `are` ``` devoted to philnnthropic, religious re-charit~ble purposes without any cho.rc;e or: ·the takings f'or o.ny expenses of the entertainment; or ``` `(b)` `the` `enterta.:nment` `io` `o~` 0. `wholly` `educa-` ``` tional ch0racter~ Or (c) the entertainment is provided for partl3 educational or partly acientific pur- ``` `poses` `by` 0. `society` `not conducted` `or` ``` est~blishod for profit. or ``` `~(i)the` `entertainment` `is provided` `by` 0. `socie` ``` which is est.__..blished solely for the ``` `purpose` `of` `promoting` `the` `interests` 0: `o.ny` `ir..d"l:.str;r` `including` (1 `P.J.O,nufncturi` ``` industry, or of agriculture or o.ny branch of any industry or o.gricultu~ or of ~ublich h03lth~ and which is J conducted or established for profit (2) Where the ChLef Co~missioner is satisfied ``` `that` `tho` w ho Le `of/the` `not` `proceeds` `of` `nn` ``` entertainment are devoted to philnnthrop: ``` `re ligious` OJ_1 `c ho.r-L tab 10` `purposes` `and` `tho.` ``` c::11culating the not proceeds not more th twenty-five percent. of tho gross proceE hove beon eeducted on account of tho e~ of the enterto.inmontp he sho.ll reply to proprietor the omount of the enterto.inrr tax paid in respect of tho ontortninmer ###### (3) The Chief Cor:lr:1isB icmer mo.y , by gonero.l speciol order for rensons to be record, exempt any entertainment ar closs ~ e toinments.from liability to the entert tax. 9. Manner ot recovery of' entertainments Any sum due on account of entertainmo tax shall be recoverable by tho Chief Commissj in the same mo.nnor as on arre::1r of land r-o vo m ``` ----- ( ###### J. POVlGr of en,try:-- ``` (1) Any officer authorised by the Chief ``` `Coomissioner` f `o r-` `tthG` `purposo` `may` `enter` `any,` ``` place of entertainment while the enterta:i,n- ment is proceeding or o.n;y p La c e ordino.rily used as a place of entertainment at any rcasono.ble time, with a view to seeing whether the pro'Visions of this Regulo.tion or any rules made there-under are beina ~ comp~ lied with. ``` (2) `If` `any` `person` `prevents` `or` `obs~ructs` `the` `entry` ``` of nny officer so authorised be sho.ll in addition to c],ny other punishment to which he may be liab 10 under any law for tho time being in force 9 be liable on c o rrv i.ot Lo n b o f o r-e ``` `a magistrat2` `to` _a_ `fine` `not excceding` `two` ``` hundrod rupees. ###### (3) Every office authorised under this section ``` `shall` `be` `deemed to be` 0. `public` `servant` `within` `the` `meaning` `of` `section` 21 `of` `the Indian` `Pennl` ``` Code (Act XIV of 1860). 11. Pow(~r to mo.k c rulos:- (1) Tho Chief Commission~r mo.y J:lC\.ke ru~es for Gecuring th~ payment of the enmertainments ``` `tax` `and` `genero.lly` **for** `co.rrying,` `·into_off'ect` `the` ``` provisions of this ;Regu~~tion, o.nd in po.rticuL~r- ###### (0.) for the supply and usc of stam~G or stamped tickets or for the sto.mp- ing of tickets reQuired to be stamped o.nd for securing the dofo.ce- ment of sto.mps when used, (b) for the use of tickets cover~ing the o.dmission of ~ore thnn onG person 'o.nd the calculntion of the tax thereon, and for the payment of th tax on the transfer from one part of a place of entertainment to ``` ----- 8 ``` another and on payments for sents or other accommoda.tion, ``` (0) `for` `controlling` `the` `usc` `of` `barriers` _I_ _I_ `or` rne c.ho ri Lc r-L `(~-:-cont~ivo.nceG` , ``` (including tho provention of the ``` `usc` `of` t h e `.~me` `barrier` `or` `mcchan-` ``` ica.l contrivnnco for p~yments of a differont a.rnount) and for securing proper rGccrds of admission by mOo.ns a£ barriorG ox mGchanic(l~ contrivnn- eGS; (d) for the renew(ll of damgccd or apoild stamps and fOr the ~rocedurc to be followod on Gpplico.tions for refund under this ReguJ_ation or (lny rules ma.de th2reunder; ###### (0) for tho kecp~ng of nccounts of 0.11 stnmps us~d under this Regulntion~ (f) for the prosontntion nnd disposal of o.pplic~tions for exemption from ``` `paymdnt` `of` the `cntort:-l.inments` `tnxs` `or` `for the r-o f urid` t `ho r-o o r,` `made` `under` r.h c " p.r `o v i.a` i.orio o f `this` `Reg.-` ``` ulntion or ~ny rules m~de thercunde and ``` (g) `for the` `exemption` `from` `e~tertninoentQ` ``` tax o~ (lny cdQGS of ~ho audience ox spcctntors. ###### (2) If [Ul.y person nuts in c ont r-n vc n e t Lo n of, fails to comply with, any rul~ made under section, he shall on ~onviction befor8 a rn.::Le;istrnte, be li~_lble in respect of each ``` `offence:` `to` 0. `f:::":;.w` `nO'G` o x o o c d i.rig `tltlO` `hundr` ``` rupees. ###### 12. power to C~ief COmmiBGio~Gr to ~al0gntG certa.in powers; ``` ----- ###### ( l) , . ( 2) ###### ------~--- __ .----- ----- # ------ 1 ``` 2 Sub-sec(~).f "ec.3 of the Quia Regu~atiOR aub"titu' by the A~N Ia~nds Entertainments Tax (Amendment) Rogu~ation,1979(6 of 1979) pub~iahei i~ the Gazette Inaia, ~xtrnorjinnry, ~nrt II, ~ec.l «Btei 12-7-197' ###### ana. cQuse" into fc»rae on anti. fr.m 1 at io.y .f Janu.ur: ns the date app.inte. by the Centrn~ G.vernment vii, ``` - . ``` GOI's Notification S.O.No.~-1023/1/78-UTL at.20-12- pug~iske. viae i~ AamR's n.tificatio~ N •• 5/80/F.N •• ·80-~ub it.23-1-1980 in A&N Go.~ette EO.No.l1 at.5-2- LThe pr.viiiscna .f the 80.i. Regu~ation n~so maae app~ic; the Hea quartera .f Bamboof~nt. Wimber~gunj. R~nga Mayabunder,Dic~ipur,Ca* Nicobar, Kamorta, QAt C~mpb, in o.d~ition t. tho Hoa.qUarters area aa apecifiea i ``` `8choliule to the sQ.i •.` `Regula ti.m viie` Aa.m·u 'a `Notific` ``` No.43/704/F.N •• 19-04/73-704··Pub "t.28-2_;-1974 publiiJhel. same •. ate in A&N Gazette, HO.N •• 41~/. provisi.ns .f the ani •• Regulations alao further m applicable t. the School 'LiRe, Pahar£a.u an •. ?r.the rena vite Ai.R'S Noti~icati.n No.132/77/p.N •• '9-1~ dt.7-7-1977 pub~ishe. in A&N Gaaott~, BO.N •• 129 .u ~Qme .ate~7 . ``` -----

19-Jul-2012

3

The andaman and nicobar islands excise regulati0n, 2012

https://www.indiacode.nic.in/bitstream/123456789/18984/1/a_%26_n_islands_excise_regulation%2c_2012_%28no_3_of_2012_dtd_19072012.pdf

Andaman and Nicobar Islands

REGISTERED NO. DL--(N)O"/0007/200>-1l omltmVl EXlRAORDINARY ~ ll-"tf"q 1 PART n - Section I ~~~ ###### PUBLISHED BY AUTI-IORlTY -«. 39J ":fl~, 1iH't!'aql<, ~ 19, _20121_ _~_ 28, 1934 (~) , , No. 39) NEW DELHI, THURSDAY, JULY _19,20121 ASADHA 28, ]934 (SAKA)_ ~ 'WTilf\R~~~~tf,m)~lf{~~-t~ifUfTOIT~1 Separate paging is given to this Part in order that It ma'y J>e filed as .- seplrate compilltion. , . ''MINISTRYOFLAW AND.nJSTICE - --', ###### (Legislative Department) - I _,_ _NeW .._ , _Delhi. the I 9th July, 20 I2IAsadha ~._ 28, 1934 (Saka) ###### THEi\NDAMANAND NICOBAR ISLANDS EXCISEREGULA110N,2012 [No.3 OF 2012] Promulgated by the President in the Sixty-third Year of the Republic of India A Regulation to consolidate the excise laws relating to manufacture, import, export. transport, possession, sale arid purchase of liquor in the Union territory of Andaman and Nicobar Islands and for matters connected therewith-or incidental tbereto. " " I /',/ I' In exercise of the powers conferred by article 240 of the C~ilstittttion, the President is ' pleased to promulgate the following Regulation made by her:- ' - . " 'J: ' «~ " :i' , . ' CHAPTER I PRalMlNARY , .~ , , , 1. (l),This ~~egulati~n may be called the Andaman and Nicobar Islands Excise Short title. extent and Regulation, 20 12: ~, ,~ : :', ' ... , commence- (2) It ~xteild~to the whole of the Union territory of Andaman and Nicobar Islands. ment. (3) It shall come intolorcc: on such date as the Admlnistratormay, by notification in the Official Gazette, appoint " ' , .' .... ~ , ," _-:'_ ----- " ',., ,:. , - 2 THE GAZEITE OF INDIA E~TRAORDINARY .- Definit ic n! . 2. In this Regulation, unless jhe context otherwise requires,- - - .• - -I, . t __._ 4 ,_: ~. : ~ _t ~_ _(I)_ "Administrator" means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; . . l!· .• ,' " '~'.' :. . . .• - .' ###### ~2? ."alcohol"_means ethyl al,c?~~.1 of~sti~niili and purity having the'chemical composition C H OH' ' ... -. J 1'( ,', ....•. l I ' .~ "" (1) "alcoholic beverage" means 'any beverage containing alcohol inconformity with the' Bureau of Indian Standards specified under the Bureau of Indian Standards Act, 1986 which may be lntoxicating 8I!d is. fit (or human consumption; 63 of 1986. ###### ---------- . . (4) "Appellate Authority" means the Appellate Authority referred to in section 76; ,.': . (.5) "authorised officer" meansan officer authorised to exercise any of the powers and to perform any of the duties ~d functions under the provisions ~fthis Regulation and rules framed thereunder; **"** **.** **,-'I"t'** **.** I . . r l (6) "beer" means alcoholic beverage prepared from malt or grain with or without addition of sugar and hops and includes black beer, ale, stout, porter and such other substance as may be specified by the Administrator by notification; I " (7) "black jaggery" means coarse brown sugar made from palm trees or cane juice ordinarily unfit for human consumption, but contains sufficient quantity of fermentable sugar for manufacture of ethyl alcohol; (8) "blending" means mixing of two or more spirits of different strengths and different qualities; (9) "Board of Experts" means the ~oil!d Qf,Ex~ constituted under section II; _(l0)_ "brewery" means premises where ~r is manufactured and includes every place therein where beer is stored or wh~refi:o~, ;t ~ issu~d;;. ,.... . , _(11) "compounding" means the manufacture of alcoholic beverage by addition_ to spirit ,of a flavouring or colouring matter or both; (12) "country liquor or traditional liquor" means plain or spiced spirit which has been manufactured in India from material recognised as base for country or traditional spirit, namely. mahua, rice, gur, molasses. etc.; (13) "denaturant" means any substance completely miscible in spirit and of -sueh a character that its addition renders the material> or any aqueous dilution of it, 1 , non-potable; \ ###### (! 4) "denatured spirit" means spirit with an added denaturant to render it effectively and permanently unfit for human consumption; \ I _(15) ''Deputy Commissioner" means the Deputy Commissioner appointed under_ i: section 5; _(J 6) "distillery" means premises where spirit is manufactused and includes every_ place therein where it is stored or wherefrom it is issued; (/7) "District Excise Officer" means the District Excise Officer appointed under section 5; (l8) "e-governance" includes use of information and communication technology to promote efficient and cost-effective services to the public; (/9) "Excise Commissioner" means the officer appointed as Excise Commissioner by the Administrator under section 3; ..... ' _" . ### - ----- SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY - ~ 3 _(20) "Excise Officer"_ means any officer or person appointed or invested with powers under this Regulation; (2/) "excise revenue" means revenue derived or derivable from any payment, duty, fee, tax, confiscation or fine imposed or ordered under this Regulation, or of any other law for the time being in force relating to liquor, but does not include fine unposed by a court of law; (22) "export" means to take out of the Union territory of Andaman and Nicobar Islands to any other State or Union territory within the country; (23) "fermented liquor" means liquor obtained by the process of fermentation and includes beer, ale, stout, porter wine, pachwai, fermented tari and any other similar liquor; (24) "foreign liquor" means any liquor imported by land, sea or air into India; (25) "Government" means the Administrator of the Andaman and Nicobar Islands; (26) "hop" means ripened cones of female hop plant used for giving flavour to malt liquor; \. . , (27) "Illicit liquor" means any liquor manufactured or stored or distributed or sold, in contravention of the provisions of this Regulation or the rules framed thereunder or liquor on which appropriate duty or fee leviable under this Regulation or the rules framed thereunder, has ~ot been paid and includes foreign liquor on which appropriate duty of customs has not been paid; (28) "import" means to bring into Union territory of Andaman and Nicobar Islands from any other State or Union territory of the country; (29) "import into India" with its grammatical variations and cognate expressions. means bringing into the Union territory of Andaman and Nicobar Islands from any place' outside India; _(30)_ "Indian liquor" means.liquor manufactured in India by process of distillation or using alcohol obtained by distillation such as whisky, brandy, rum, gin, vodka, but does not include country liquor orfermented liquor; (3/) "licence" means ,I I a licence granted under '.,. " this Regulation; • (32) "liquor" means any alcoholic beverageand includes whisky, brandy, beer, wine, toddy, tari, pachwai, vodka, gin, tequila, country liquor, arrack and intoxicating .• liquid consisting of or containing alcohol besides any similar substance which tJie Administrator may; by notificaticn.vdeclare to be liquor for the purposes of this Regulation; (33) "major offences" means the offences punishable under sections 34, 35, 36, 38,39,43,44 and 45 of this Regulation; (34) "malt" means the germinated barley; (35) "manufactory" means any distillery, brewery, wineryor any establishment distilling, brewing, manufactw:in~; blending or bottling liquor; (36) "manufacture" includes any process- _(a) incidental or ancillary to the completion of a manufactured liquor; or_ " . _(b) ~ethe;'-n~1_ 'or artificial, by which any liquor is produced or prepared and also rc-distilrltion and every process for the rectification, reduction, flavouring.blending orcolouring of liquor; or _(c) which in relation to liquor involves packing or repacking of such article_ in a bottle or unit package or labelling or re-labelling of bottles or unit package, including the declaration or alteration of maximum retail price on it or adoption of any other treatment on the Iiquor:tOr sale'lt6 the consumers. ``` ': ``` ----- ! - '_ -' - 4 THE GAZETTE OF fNDlA EXTRAORDINARY [PAKr 11- ~':,.. : ~ r I _Explanation.-For the remova(otdo~bts: it is hereby declared th~t labelling of_ bottles or unit packages, imported into' ~dia 'Or into the Union territory: to :comply with statutory requirements shall not be construed as manufacture; . (37) "manufacturer" means any person whe manufactures Indian liquor and includes a manufacturer of alcohol subject to exCi~~ duty uftder the Central Excise Act, 1944 ; I . ', j ..r 1 0 f 1944. (38) "minor offences" means the offences other th'an major offences under this Regulation; . ' .. (39) "molasses" means heavy dark coloured viscose liquid produced from residual syrup drained away in the final stage of the manufacture of gur or sugar including khandasari sugar from sugarcane or gur, when liquid as such or in any form or admixture contains sugar which can be fermented; _(40) "maximum retail price" means the.m,axinWIll price I!i which the liquor may be_ sold to the ultimate consumer and shall -include all taxes, freight, transport charges, commission or trade margin payable tQ 4e!l!ers, and all charges towards marketing, delivery, packing, forwarding and thelike, as the case may be; , (41) "notification" means a notification issued under this Regulation or the rules made thereunder and published in the Official Gazette; , (42) "officer-in-charge" means the Excise Officer authorised to supervise and control manufactory or warehouse; . (43) "Official Gazette" means theAndaman and Nicobar Islands Gazette; (44) "pachwai" means fermented rice, millet or other grain, and includes liquid obtained therefrom, whether diluted or undiluted, but does not include beer; (45) "permit" means an authorisation granted under this Regulation and the rules made thereunder; . ,:' " (46) "police station" means the police station having jurisdiction over the place or any otherplace, which the Administrator may, by notification, declare to be a police station for the purposes of this Regulation; (47) "prescribed" means prescribed by rules made by the Administrator under this Regulation; #8) "retail sale" means sale in quantities not exceeding the limit" of sale by retail . \ for any consideration or not; -, (49) "sales tax or value added tax" means taX· on sale or purchase of goods referred to in entry 54 of List II of the Seventh Schedule to the Constitution; _(50) "special duty" means a tax on the import of any excisable article being an_ article on which countervailing duty as is mentioned in entry 51 of List II in the Seventh Schedule to the Constitution is not imposable on the ground merely that such - I, ###### i article is not being manufactured or produced in the territory; _(5 J) "spirit" means any liquor containing alcohol obtained by distillation, whether_ denatured or not; (52) "spurious liquor" means liquor which has been adulterated with an object to bring intoxication easily and is harmful to consumers; (53) "still" means an apparatus for distillation or manufacture of spirits and includes any part thereof; (54) "toddy and tan" means fermented or unfermented juice drawn from a coconut, palmyra, date or any other kind of palm tree; (55) "transport" means to move from one place to another within the Union territory of Andaman and Nicobar Islands; ----- _I_ : _!_ ..ijOfJ : !..iOfJ ``` ;i/ ``` THE GAZETIE OF INDIA EXTRAORDINARY 5 #### r (56) "warehouse" means a place where storage ofliquor is permitted and includes a relevant part of manufactory; (57) "wholesale sale" means sale in quantities exceeding the limit of sale by retail; (58) "wine" means a fermented juice of grapes or other fruits with or without the addition of sugar or jaggery containing self-generated alcdhol and includes fortified wine; (59) "winery" means premises where wine is manufactured and includes every place therein where wine is stored or wherefrom it is issued; _(60) "wort" means the liquor obtained by exhaustion of malt or grain or by the_ solution of saccharine matter in' the process of brewing. CHAPTERU ESTABLISHMENT AND CONTROl. 3. The Administrator may, by notification, appoint an officer as the Excise Commissioner Appointment who shall be the chief controlling authority for administration of this Regulation in the Union of Excise Comrnis- territory of Andaman and Nicobar Islands. sioner. 4. The Excise Commissioner shall exercise and perform the following powers and Powers and functions of functions, namely:- Excise _(a)_ to regulate, control and monitor the manufacture, possession, import, export, Commis- stoner, transport, sale and consumption of liquor; _(b).to_ curb illegal trade in liquor and illicit distillation; _(c) to protect excise revenues C!! the Union territory and ensure prompt recovery;_ " _(d) to submit returns and information_ as required by this Regulation or the rules framed thereunder, upon all matters concerning excise; _(e)_ to ensure social well-being through education for responsible drinking; ###### if) to take adequate steps for imparting training to the excise staff in preventive and detective work; (g) to coordinate in the matters covered by this Regulation with other authorities; _(h) to introduce e-governance_ in various aspects of excise administration and to maintain on the national network information on manufacture, possession, transport, sale, import or export of liquor; - ###### r (l) to submit to the Administrator an annual report on the administration of this ~egulation in such form as 1DllY be prescribed; . (J) to perform such other functions and to exercise such other powers as may from time to time be entrusted or delegated to bim by the Administrator. 5. The Administrator may appoint such number of Deputy Commissioners, District Appointment of certain l~xcise Officers and such ~er ofij.cers arid staff as it may deem fit for the purpose of officers and performing the functions under , this,;I Regulation. .': staff. 6. _(I) There shall be' ad'Excis~int~liigence Bureau headed by the Excise Commissioner_ . Excise Intelligence and consisting of such number of Excise Officers and staff as may be appointed by the Bureau. j!.dministrator or by the Excise Commissioner with the prior approval of the Administrator. (2) The Excise Intelligence Bureau shall- .<! ~_",' _(a)_ collect intelligence, keep s\rr.VeiU~ce and maintain information of excise offences; ----- 6 THE GAZETTE OF INDIA EXTRAORDINARY (PARr II- . , .... . ~~;.,.. . r .: ... _(b) collect and disseminate information regarding prominent excise offenders_ and history-sheeters; ;::-:-.~ - ;,_ . i'- _(c) monitor detection, investigation ._ and trial of offences under , , this Regulation; .". (d) maintain information network on' maJjllfactui.e, possession, transport, sale, import or. export of liquor, I. ~ - .J.' ElCcise 7~ (I) Subject to the provisions contained in sub-section (1) of section 14, the Adrnjnisu u- Administrator may issue licence or permit to, any Government Corporation or Government tion. Company or the Government agency or anyautonomous body, owaed or controlled by the Government for the purposes of import and retail vending of liquor in the Union territory, (2) Save as otherwise provided in sub-section (I), the Deputy Commissioner shall be the licencing authority who shall exercise all powers and functions under this Regulation, subject to the general controJand supervision'of the Excise Commissioner. ",' (3) The Deputy Commissioner shall, within the limits of his jurisdict ion, exercise such powers and perform such duties and functions as are assigned by or under the provisions of this Regulation subject to such control as the Administrator or the Excise Commissioner may from time to time, direct. '" (4) The District Excise Officer and other subordinate officers shall assist the Deputy Commissioner in exercising his functions. I 1:·, I. , Delegation 8. (/) The Administrator may, by order, delegate his powers to the Excise Commissioner, and with- subject to such limitations and conditions as may be specified in the order of delegation. drawal of ' • .'"'1 - powers. (2) The Excise Commissioner and the Deputy Commissioner may, by order, delegate their powers under this Regulation to any subordinate officer, subject to such limitations and conditions as may be specified in the order of delegation. ' - . _t_ _.~_ _•_ I - (3) The Administrator or Excise Commissioner or the Deputy Commissioner, as the case may be, may.by an order, also withdraw from any officer or person any or all the powers so delegated. . ... :: Investing . 9. The Administrator may, by notification, invest the power with any officer of the persons wi til Union territory_ ~9t.being an Excise Officer, to perform all or any of the powers or functions of special any Excise Officer under this Regulation. powers. Reward for 10, The Excise Commissioner may grant such reward to such officers and employees exemplary under this Regulation and also to such informers for such work, subject to such terms" and performan :,'. conditions as may be prescribed. " Board of 11. (/) The Administrator may, constitute the Board of Experts consisting of such Experts. number of members, with such qualifications and for such period as may be prescribed, for the purposes' of advising the Administrator on the technical or legal issues relating to advertisement of liquor, use of denaturants and such other legal or technical aspects ~ may be considered necessary, (2) Without prejudice to sub-section (1), the general functions of the Board of Experts .shall be to determine as to whether- _(a) any flavouring extract, essence or syrup containing alcohol is an article fit for_ use as ~~oxi~ing liqu~ or _(b)_ any communication amounts to an advertisement for soliciting use ofliquor or whether it is informative or educative communication for responsible drinking, or _(c) whether any denaturant can be used as effective denaturant and whether it_ suits or harms manufacture of any chemicals, or (d) any other matter as may be referred to it by the Administrator. ----- SEC, I] THE GAZETTE OF INDIA EXTRAORDINARY 7 CBAPTERIII LICENCE Ah'D PERMIT FOR MANUFAcnJRE, POSSESSION, SALE, ETC., OF UQUOR 12. (l) No person shall construct or establish any manufactory or warehouse or Prohibition manufacture, bottle, possess, sell, collect, transport, transit, import, export or purchase any of manufac- lure, sale, liquor or use, keep or have in his possession any still, utensil. implement, apparatus, label, imparl, cork, capsule or seal for manufacture of any liquor except under the authority and in accordance export, etc, with the terms and conditions of a letter of intent, licence or permit granted under this of liquor, Regulation or the rules made thereunder: Provided that possession of labels, corks or capsules by its printer or manufacturer, as the case may be, will not amount to illegal possession constituting an offence if the label, cork or capsule is printed or manufacturelunder the authority from the holder of tile licence to manufacture liquor under this Regulation, (2) No person shall engage in manufacture of alcohol exclusively for industrial use unless he is registered with the Excise Commissioner in such manner as may be prescribed, 13. Every letter of intent, licence or permit under this Regulation shall be ~ted on Grant of letter payment of such fees, for such period, and subject to such terms and conditions and in such of intent, form and shall contain such particulars, as may be prescribed. licence or permit. 14. (I) While considering an application for grant of a licence or permit, the authorised Qualification officer shall ensure that the applicant- for grant of licence or _(a) is a citizen_ of India; permit, _(b) is above eighteen years of age;_ _(c) is not a defaulter, or blackl,i~ted or debarred from holding an excise licence;_ _"_ _(d) submits an affidavit as a proof for the following, namely:-_ , ' (I) that he possesses-or has an arrangement for taking on rent a suitable premises for conducting the business and the said premises is located more than fifty meters away from anymedical institution, educational institution. religious institution, women hostel, orphanage, hospital, primary health centre or community health centre; , _(il) that the premises have not been constructed_ in violation of any Jaw; (iii) that be possesses a good moral character and has no criminal background nor has been convicted of any offence punishable under this Regulation or any other law, for the time being in force; (iv) that he shall not employ any salesman or worker or representative who has criminal background or suffers from any infectious or contagious diseases or is below eighteen years of age; _(v) that he does not owe any public_ dues or dues to the Administration; _(vi)_ that he is solvent and has the necessary funds or has made arrangements for the necessary funds, for conducting the' business: Provided that the,~qetails of such funds shall be made available to the authorised o ffi cer I 'f so requITe' d ,' _r_ t. _•_ _s'_ (2) Th~ licence ot'permit:shall be liable for cancellation if any statement made in the affidavit or any document produced w!th the application is found to be false or forged. 15. Subject to such conditions as may be prescribed, the authority granting a licence Power to tak~ security under this Regulation may require the licensee to- and counter- part _(a)_ give security for the observan';:~fthe\erms of his licence; and **agreement** **.** . ' ----- 8 THE GAZE1TE OF JNDIA EXTRAORDINARY (PART [1-- _.::r--""_ _~_ _~;_ _(b) execute' a counterpart agi'eement in conformity with the tenor of his licence._ Technical 16. (/) No licence or permit granted under this Regulation shall be deemed to be invalid defects in by reason merely of any technical defect, irregularity or omission in the licence or permit, or licence and permit. in any proceeding conducted prior to grant thereof" t, ; >• '., . ' , (2) The decision of the licensing authority.as to w6at is a t~chnical defect, irregularity or omission shall be final and binding. " " .: ",'~ Power 10 17. (1) Whenever the authority which granted a licence or permit under this Regulation withdraw' considers that such licence or permit should be withdrawn for any reason, it may do so, on icence and iermit. expiry of a period of twenty-one days notice ants intention to do so forthwith, assigning , reasons therefor in writing. . ) .'ft'. (2) Ifany licence or permit is withdrawn, the licensee or the permit holder shall be paid such sum, by way of compensation as the authority whogranted licence or permit, may direct and refund any fee paid in advance or deposit madeby the licensee in respect thereof after deducting the amount recoverable by the Government, I'ower 10 18. (1) Subject to such restrictions as may be prescribed, the authority who granted i uspend or licence or permit under this Regulation may; after giving reasonable opportunity of being , cancel licence I nd permit, ' heard, suspend or cancel the Iice~ce or permit, iI1 the following circumstances, narnely:- _(0)_ ifth~ licence or permit is transf~fl.kd or sublet by the holder thereof without the permission lof the said authority; ,o,t ..: _(b)_ if any excise revenue payable by the holder thereof is not duly paid; , i~' _(c)_ in the event of any breach of theterms and conditions of such licence or permit by the holder or by his employee, or agent; _(d) if the holder of the licence or permit or the agent or employee of such holder_ is convicted of an offence punishable undedhis Regulation or under any other law for the time being in force, relevant to and conbected with excise matters or relating to excise revenue or of any cognizable and U()~lbailable offence; . ' " I I - ~ - 1 " l1u I ' ; _.._ _(e) if the purpose for which the licence ,or permit was granted ceases_ to exist; _(j)_ if the licence or permit has been obtained through misrepresentatiori or fraud. (2) When a licence or permit held by such person is cancelled under sub-section (1), Ijle aforesaid authority may cancel any other licence or permit granted to such person under this Regulation or under any other law relating to excise revenue. ',' , (3) in the case of cancellation or suspension of licence or permit under sub-section _(I),_ the fee payable for the balance of the period for which any licence or permit shall have been I: irrent but for such cancellation or suspension, may be recovered from the ex-licensee as excise revenue. (4) The holder of a licence or permit shall not be entitled to any compensation for the cancellation or suspension thereof nor shall be entitled to refund of any fee paid or deposit made if any, in respect thereof. Ba r to the 19. No person to whom a licence or permit has been granted, shall be entitled to claim rig 11 of any renewal thereof, and no claim shall lie for damages or otherwise in consequence of any ren ewal and to **COl openserion.** refusal to renew a licence or permit on the expiry of the period for which the same remains in force. SUI render of 20. No holder of a licence or permit granted under this Regulation shall surrender his lice nee or licence or permit except on the expiration of one month's notice in writing given by him to the - permit. CI'~pUty Commissioner of his intention to surrender the same on payment of the fee payable for the licence for the whole period for which it shall have been current but for the surrender: -, ###### --'-_ - ----- . // SEC. I] TIlE GAZElTE OF INDIA EXTRAORDINARY 9 ###### fl Provided that if the Deputy Commissioner is satisfied that there arc sufficient reasons for surrendering the licence or permit, he may remit to the holder thereof the sum so payable on surrender or any portion thereof. . 21. The licence or permit granted under this Regulation shall not be transferable except Transfer of with the prior approval of the Excise Commissioner or any officer authorised by him in this licence or behalf, subject to such terms and conditions as may be prescribed. permit. 22. Subject to the provisions of this Regulation and subject to such terms and Grant of conditions as may be prescribed, the Excise Commissioner may grant to any person a licence exclusive or lease or both, either jointly or severally, for the exclusive privilege or manufacturing, or of privilege of manufacture, supplying by wholesale or sale by retail, or both. any liquor within any local area. etc., of any liquor. 23. No liquor shall be removed from any manufactory, warehouse or other place of Removal of storage established under this Regulation unless duty and fee payable has been paid or a liquor from manufactory, bond as may be prescribed, ~ been executed for the payment thereof. warehouse. etc., on payment of duty. 24. No person or licensed vendor or his employee or agent shall sell or deliver any Prohibition liquor to any person under the age of eighteen years whether for consumption by self or of sale to others. certain persons. 25. No licensee shall employ or permit to be employed in his premises any person Prohibition under the age of eighteen years or suffering from contagious disease. of employ- ment of certain person. 26. The District Magistrate or any other officer authorised by him may, by a notice in Closure of writing to the licensee, require that any sliop in which any liquor is sold shall be closed at shops for preservation such times or for suc~ period as he may think necessary, for preservation of public peace: of public peace. Provided that the closure days in. the licensing year shall not exceed seven days in all or more than three days continuously at anyone time: Provided further that if the Excise Commissioner or an officer authorised by him in this behalf is of the opinion that any particular shop or all shops in any particular 'area shall be closed for a period exceeding seven days in a licensing year, or more than three days continuously at anyone time, he may with prior sanction of the Administrator, permit to do so. CHAPTER IV ExCISE REVENUE 27. The excise revenue shall ~ levied and recovered under the following heads, Nature and components namelyt=- of excise _(a)_ duty; **revenue.** _(b) licence fee;_ _(c) label registra.}~n fee; ~d_ _(d) import or export fee·l._ 28. (l) There shall be I~vied a,pd collected in the manner provided by this Regulation Excise duty. and the rules thereunder and at such 'rites, not exceeding the rates set forth in the Schedule, a~: the Administrator may, by notification in the Official Gazette, specify, a duty of excise or a countervailing duty or a special duty:,as the case may be, on all liquor of the descriptions srecified in the Schedule, being liquor manufactur~d;_()r·produced in;: ~r brought in~o, the . ..' , .. tl:rritory and such duty shaH be payable by. th~ ._person manufacturing or producmg or _ . importing such liquor: .. ' ..... -- .; .• ----- '''I .~ •.. 10 THE GAZETTE OF INDlA EXTRAORDINARY Provided that no. su2h du; ~~11 be levied' on toddy when used for the manufacture Qf jaggery, vinegar, yeast, neera or when drunk as such. , r . '" _Explanation-r-Ver the removal of doubts, it_ is hereby declared that in any notiflcation issued under this section, it shall nat be necessary to. specify separately the rate Df countervailing duty Dr special duty a~~, 'iuiles~'Dlhernllse provided in such notification expressly, any rate specified in such notification As the .rw: of excise duty in respect of any description of liquor shall be deemed tobe also. the rate'of countervailing duty, or a special duty, as the case may be, in respect of sHc,h desc~iption of liquor. . (2) There shall be levied and collected fee for issue of licence or penn it subject to. such tenus and conditions as may be prescribed. . (3) There shall be levied and collected the import, export Dr transport duties assessed in such manner as may be prescribed." ~ , . , .' Recovery of 29. (/) All duties, f~s, taxes, fines payable to the Union territory Administration under dut I lind levies this Regulation may be recovered from the perso~ liable to. pay the same or from his surety on I"': or his agent as if they were arrears of landrevenue. pro ),: Tty of deft ultcr, (2) In the event of default by any person to whom a license has been granted under this Regulation, his manufactory, warehouse, shop Dr premises and all fittings, apparatus, stocks ofliquor or materials for tl1e manufacture of the same, held therein shall be liable to be attached towards any claim for excise revenue or in respect of any )DSS incurred by the Union territory Administration through such defaJlt and be sold to. satisfy such claim which shall be a first charge upon the proceeds of such sale. (3) Where the duty due is not le~ed or not paid or short levied or short paid Dr erroneously refunded,- _(a)_ the District Excise Officer may, within' three years from the relevant date, serve notice on the person chargeal>l~ with ~e duty of excise which has not been levied or paid or which has been short-levied or short-paid or to whom the refund has erroneously been made, requiring him to. show cause why he should not pay the amount specified in the notice. i \ _explanation I.-For_ the purposes of this Clause, where the service of the' notice is stayed by an order of the court, the pbod of'such stay shall be excluded in computing the aforesaid period of three years. _Explanation_ 2.-For the purposes of this clause, "relevant date" means,- _(I) in cases in which duty of excise has not been paid or has been short-_ levied or short-paid, the date on which the duty is to be paid under this Regulation or the rules made thereunder; '. (if) in a case where duty of excise is provisionally assessed under this Regulation or the rules made thereunder, the date of adjustment of duty after the final assessment thereof; _(iii) in_ a case where duty of excise has been erroneously refunded, the date of such refund; , _( b) the District Excise Officer shall, after considering the representation, if any,_ made by the person on whom notice is served under sub-section (1), determine the amount of duty of excise due from such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the IUDOunt SO determined. Interest 30. If the duty of excise payable by a person under this Regulation Dr the rules made payable fc r thereunder is not paid within time, he shall be liable to pay on the sum due, a simple interest failure tc pay at the rate of twelve per cent. per annum from the day next following the day on which such excise revenue. payment became due.' _Explanation.-For_ the purposes of this section, where the duty determined to be payable is reduced or increased by the Appellate Authority or the court,the interest shall be payable on such reduced Dr increased amount of duty, as the case may be. _ .. ..,_ .... __ ~. "_~#" ~'4. - - • --- - >~ ---- _ - ••• -,--~." .. ~,.". ###### _-- ----- SEC. I) THEGAZETIEOF lNDlAEXTRAORDINARY II 3 I: Notwithstanding anything contained in this Regulation, the Excise Commissioner Power 10 may, on an application made in this behalf by a person, with the approval. of the Administrator reduce or and after recording his reason for so doing, reduce or Waive the amount of any interest waive interest in certain payable by him under this Regulation, ifhe is satisfied that _ cases, _(a)_ to do otherwise would cause genuine hardship to the person having regard to the circumstances of the case; and _(b) the person has cooperated in any proceeding for the recovery of any amount_ due from him, 32. Notwithstanding that a writ petition has been preferred or a suit or other proceeding Excise has been instituted in any court, or any appeal has been filed before any Tribunal or before revenue to be ,1 paid irrespec- the Excise Commissioner, or a revision has been filed before ,the Administrator, any sum due ,:~ tive of 'Ii to the Union territory Administration under this Regulation as' a result of demand or order pendencey of :Ij made or passed by any officer or authority empowered in this behalfby or under this any writ I; , Regulation, shall be payable in accordance with such demand or order unless and until such petition, suit, I :1 I payment has been stayed by the competent authority. etc. 33. Every licensee shall maintain , such accounts and submit to the concemed officers . Accounts and such returns in such forms, containing such particulars relating to stock, apparatus, excise ' returns. duty or fee payable or paid, and such other information at such interval as may be prescribed, CHAPTERV oFl'Elb:..s AND PENALTIES 34. (1) Whoever, in contravention of this Regulation or of any rule.rnotification or Penalty for order made, or condition of licence or permit granted or issued thereunder,- illegal manufacture, _(a)_ manufactures, imports, exports, transports or removes any liquor; sale, import, " ~ _(b)_ constructs or works any manufactory or warehouse; etc, I - 1 _.:_ _(c)_ bottles any liquor for purposes of sale; ,j ': _(d) Uses, keeps or possesses any materials, still, utensils, implements or apparatus_ whatsoever for the purposes of manufacturing any liquor other than toddy or tari; _(e) possesses any material or film either with or without Union territory logo or_ wrapper or any other thing in which liquor can be packed, or any apparatus or implement or machine for the purpose of packing any liquor; or _(f)_ sells, transports, possesses or buys any liquor beyond prescribed quantity, sball be punishable _' _(A)_ in the case of an offence (ailing under clause (a),- .l ", ': .. (I) where the liquor involved in the offence is less than prescribed value, with imprisonment for a term which shall not be less than one year, but which may extend to five years and shall also be liable to fine which shall not be less . than fifty thousand rupees or five times of the value of liquor, whichever is higher; _(il)_ where the liquor involved in the offence exceeds the prescribed value, with imprisonment for a term which may extend to seven years and with fine which may extend to one lakh rupees or five times of the value of liquor, whichever is higher; (8) in the case of an offence falling under clause (b), with imprisonment for a term which may exterM to thre~ yeat~ and also with fine which may extend to fifty thousand rupees; <' (C) in the case of ali, offencefalling under clause (c), with imprisonment for a term which may extend to one year and also with fine which may extend to one lakh rupees or five times of'the value ofliquor, whichever is higher; , . CD) in the case of an offence falling under clause (d), with imprisonment for a term which may extend to six months aba-also ~ith fine wbich may extend to twenty thousand r.lJje"s; , ----- 12 THE GAZElTE OF INDIA EXTRAORDINARY ~ ~ . _(E) in the case ofan_ offe~ce falling under clause (e), with imprisonment fora term which may extend to three months arid alsd with fine which may extend to fifty thousand rupees; I, : ,_!l. '.~' 'l ~_, , ' . . ~ I. '.';"'" _(I') in the case of an offence falling under clause (/), with imprisonment for a term_ which may extend to three months and ~\so with1ine which may extend to one lakh rupees or five times of the value of liquor, whichever is hlither, (2) If any offence punishable under subiscction (1) is committed by a person not holding valid licence or penn it under this Regulation, he shall be liable to twice the penalty prescribed for the said offence. ' ': \ - ~'1:. - Penalty for 35. Whoever renders or attempts to renderfit for human consumption any spirit which rendering has been denatured, or has in his possession any spirit in respect of which he knows or has denatured reason to believe that any such attempt has been'mlide: shall, be' punishable with imprisonment spirit fit _COl_ human for a term which shall not be less than two years,' but which may extend to three years, and consumption. also with fine, which may extend to two lakh lJlpees or_ five Itimes of the value of liquor, whichever is higher. I,:, Penalty Cor 36. Whoever mixes or permits to be niixed with any liquor sold or manufactured or mixing possessed by him any noxious drug or any foreign ingredient likely to cause disability or noxious grievous hurt or death to human being, shall be punishable,':_ substance wit h , ~I . ". liquor, _(a)_ if as a result of such an act. death is caused to any person, with death or imprisonment for life and shall also be"liable to fine which may extend to ten lakh rupees; .. t, _(b)_ if as a result of such an act, disabllity or grievous burt is caused to any " person, with imprisonment for a term wbic~,shall no~ ~"e less than six yel'jfS but which may extend to imprisonment for life, and also with fine which may extend to five lakh , - 'C" ,f i i rupees; .. "'. . . - I K _(c)_ if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term whicllJmay extend to one year and shall also be liable to fine which may extend to two Iakh 'fifty thousand rupees; _(d)_ if as a result of such an act, no injury is caused to any person, with imprisonment which may extend to six months and with fine which may extend to one lakh rupees or five times the value ofliquor, whichever is higher. _'£Xplanation_-For_ the purposes of this section, the expression "grievous hurt" shall Lave the same meaning as assigned to it in section 320 of the 'ind'ian Penal Code. 4S of 1860, Order to pay 37. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1914. cc mpensa- the court, when passing an order under this Regulation may, if it is satisfied that death or tu-n. injury bas been caused to any person due to consumption of liquor sold in any place, order the manufacturer or seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than three lakh rupees to the legal representatives of each deceased or two lakh rupees to the person to whom grievous injury has been caused, or rupees twenty thousand to the person for any other consequential injury: Provided that where the liquor is sold in a licensed shop. the liability to pay the compensation under this section shall be on the licensee. (2) Any person aggrieved by an order under sub-section _(I)_ may, within a period of thirty days fromthe date of the order, prefer an appeal to the High Court: Provided that no appeal shall be filed by the accused unless the amount ordered to be r'~j,d under sub-section _(J)is_ deposited by nun in the Court: Provided further thatthe High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause frcrn preferring the appeal in time. ----- SEC. I) THE GAZETTE OF INOlA EXTRAORDINARY 13 38. Whoever sel Is or keeps or exposes for sale as foreign liquor which he knows or has Penalty for ~ reason to believe to be Indian liquor, shall be punishable with imprisonment which may selling Indian extend to six months and shall also be liable to fine which may extend to one lakh rupees, or liquor as foreign five times the value of liquor, whichever is higher. liquor. 39. Whoever has in his possession any -liquor knowing the same to have been Penalty for unlawfully imported, transported or manufactured or knowingly avoids payment of prescribed possession of duty shall be punishable with imprisonment for a term which may extend to six months and liquor ' unlawfully with fine which may extend to one lakh rupees, or five times the value ofliquor, whichever is imported or higher. non-payment of duty, etc. 40. (J) If a chemist, druggist, apothecary or keeper of a dispensary, allows any liquor Penalty for which has not been _bona fidely_ medicated for medicinal purposes to be.consumed on his consomption of liquor in business premises by any person, he shall be punishable with fine which may extend to five chemist's thousand rupees. ' shop. (2) If a person consumes any such liquor on such premises, he shall be punishable with fine which may extend to two thousand rupees. ' 41. Whoever, in contravention of the provisions of this Regulation or of any rule, Penalty for notification or order made thereunder,- consumption of liquor in _(0)_ consumes liquor in a public' place; public places. _(b) consumes liquor in public place and creates nuisance; or_ . _(c) Permits drunkenness or allows assembly of antisocial eiements on the premises_ of liquor establishments, shall be punishable,- - (i) in case of an offence falling under clause (a), with fine which may extend to five thousand rupees; (il) in case of an offence falling under clause (b), with imprisonment for a term which may extend to three months and shall also be.liable to fine which may extend to ten thousand rupees; _(iii) in case of an offence falling under clause (c), with imprisonment for a term_ which may extend six months and shall also be liable to fine which may extend to fifty thousand rupees. 42. Whoever prints, publishes or gives an advertisement in any media soliciting use of Penalty for my liquor, shall be punishable with imprisonment for a term which may extend to six months unlawful advertise, or with fine which may extend to ten lakh rupees, or with both: ment. Provided that this section shall not ~pply to catalogue or price list or advertisement generally or specially approved by the Excise Officer for the purposes of display at the points of sale for consumer information and education. 43. Any person who unlawfully releases or abets escape of any person arrested under Penalty for abetment and this Regulation. or abets commission of any offence against this Regulation, or engages conspiracy . . imself in a criminal conspit_acy for contravention of the provisions of this Regulation shall l: e punishable with imprisonment fOl a term which may extend to one year and shall be liable \I) fine which may ex tenet to fifty ~usand rupees. 44. If any licence hol~~r or ~~ ~~n acting in his behalf, sells or delivers any liquor Penalty for employing III any person apparently under the age of eighteen years or employs any person under the minors or a.~e of eighteen years, he shall be punishable with imprisonment for a term which may extend selling liquor to three months and with fine which may extendto fifty thousand rupees or with both. to minors . . ~ ,.!...~ " " ##### - ----- 14 THE GAZETTE OF INDIA EXTRAORDINARY [Pxsr lJ-- '.' , 'I I _.••_ _cEJ_ _,:.._ il. . Penalty for 45. Notwithstandlng anything c0!ltai!1~d in ~e Indian Penal Code, any ,person who 45 of 1860. assault and assaults or threatens to assault or obstructs o,r attempts to obstruct any Excise Officer in the obstru :tion. discharge of his official duties shall be p'uitishable with imprisorunent for a term which may extend to two years and also with fine which may extend to one lakh rupees. Liabil ill' of 46. The holder of a licence or permit granted 'or:i~sued ~der this Regulation, as well as empl(I) I!r for the actual offender, shall be liable for any offence c6mmitteQ.-·by his employee or his agent offence unless he proves that due and reasonable precautions were exercised by him to prevent committed by the er iployee commission of such offence. or "gent .1\, I, Penalty for 47. (1) Where any liquor has been.manufactured or sold or is possessed by any manufacture, person on account of any other person and such other person knows or has reason to sale or believe that such manufacture or sale was. q~J that suc~._possession is, on his accolll_lt, such posses.ricn by one person on liquor shall, for the purposes ~fthis Regulation, be deemed to have been manufactured, sold account »f or to be in the possession of such other- person. . another. , .:). . (2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has possession of any liquor on account of another person" from liability to any punishment under this Regulation for unlawful manufacture, sale or possession of such liquor. -_ . Penalty for 48. Whoever, being the holder of a licence or permit granted or issued under this misconduct of Regulation or being in the' employment of such holder and acting on his behalf,- licensee, etc, _; .- ~ _(a)_ fails to produce such licence or permit on demand by any Excise Officer or any other officer duly empowered to mhl(e such demand; or - . : ~.. . _(b) wilfully does or omits to do an~i!lg in breachof any of the conditions of his_ licence or permit otherwise than provided in this Regulation; or .' _(c) fails to submit returns; or_ _(d) fails to print the maximum retail price on the label or tampers with it,_ shall be punishable,- (i) inthe case of an offence falling tinder clause: (a), with fine which may extend to fifty th~usand rupees; . . _(il) i!1_ the case of an offence falling under clause _(b)_ or clause _(d),_ with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to one lakh rupees; , (iiI) in the case ofan offence falling under clause (c), with fine which may extend . !o one lakh rupees, and ten thousand rupees per day-for any subsequent delay. Penally (.)1" 49 •. (1) If any person fails to pay any duty or fee under this Regulation, he shall be non-payment punishable' with imprisonment for a term which may extend to one year and also with fine of excise rlu y which may extend to one lakh rupees. or fee. (2) Without prejudice to sub-section (1), that person shall also be liable for interest Ion delayed payment and damages at such rates as may be imposed. Penalty f( r SO. Whosoever, in any declaration or affidavit or periodic return made to an Excise false state Officer makes any statement which is false or found to be false after due verification or whjch men! made; i i he believes to be false or does not believe it to be true, touching any point material to the declaratior c r affidavit 0 r object for which the statement is made or used, shall be punishable with imprisonment for a periodic term which may extend to one year and shall also he liable to fine which may extend to fifty returns .. thousand rupees. Penalty fo: 51. Whoever, being a licensee under this Regulation and having the control or use of allowing any house, room, enclosure, space, animal or conveyance, knowingly permits it to be used premises, etc., for commission by any other person of an offence punishable under any provision of this 10 be used lor commission c f Regulation, shall be punishable in the same manner as ifhe had himself committed the said an offence. offence. ~ - --- _ . .., _. - - ----- SEC. I] THE GAZETTE OF fNDIAEXTRAORDINARY 15 52. Whoever, attempts to commit any offence punishable under this Regulation, shall Penalty for be liable for half the punishment provided for the offence under this Regulation. attempt to **commit** **an** offence under this Regulation. 53. Any Excise Officer or other person who vexatiously and without reasonable ground Penalty for for suspicion - . making vexatious _(a)_ enters or searches or causes to be entered or searched any closed place search. under the colour of exercising any power conferred by this Regulation; or r seizure, detention or _(b)_ seizes the moveable property of any person on the pretext of seizing or arrest. searching for any article liable to confiscation under this Regulation; or _(c)_ searches, detains or arrests any person; or _(d) in any other way exceeds his lawful powers under this Regulation,_ shall be punishable with fine'which may extend to ten thousand rupees, 54. Any Excise Officer who. without lawful excuse refuses to perform, or withdraws Penalty for himself from the duties of his office, unless expressly allowed to do so in writing by the refusing to Excise Commissioner, or unless he has given to his superior officer two months notice in perform or withdraw writing of'his intention to do so, orwho shall be guilty of cowardice, shall be punishable with from duty. imprisonment for a tenn which may extend to three months, or with fine wbich may extend to ten thousand rupees, or with both. 55. Whoever, does any act in contravention of any of the provisions of this Regulation, Penalty for or any rule or order made thereunder and punishment for which has not been otherwise offence! not otherwise provided for such contravention, shall be punishable with imprisonment for a tenn which provided for. may extend 'to six months and shall also be liable to tine which may extend to ten thousand rupees or five times the value of the jiquor, whichever is higher. 56. (1) In prosecution under section 34, it shall be presumed, until the contrary is Presumption as to proved, that the accused person has committed the offence punisbable under that section in commission respect of any liquor, still, utensil, implement or apparatus, for the possession of which he is of offence in unable to account satisfactorily, certain cases. (2) Where any animal, vessel, cart or other vehicle is used in the commission of any offence under this Regulation, and is liable to confiscation, the owner thereof shall be deemed to be guilty of such offence and such owner shall be liable to be proceeded against and punished accordingly unless be satisfies the court that he bad exercised due care in the prevention of the commission of such an offence. " . 57. If any person, after having been previously cenvicted of an offence punishable Enhanced under this Regulation, subsequently commits and is convicted, of an offence under this punishment after previous Regulation, he shall be liable to twice the punishment provided for the .first conviction conviction. subject to the maximum punishment provided for the same offence and with fine twice the amount provided under the first conviction or with both. 58. Where at any time during the trial of any offence under this Regulation alleged to Power of have been committed by any person, not being the manufacturer, distributor or dealer of any court to implead liquor, the court is sati~, on the evidence adduced before it, that such manufacturer, manufacturer. distributor or dealer is alSo concerned with that offence, then, the court may, notwithstanding etc. 2 of 1974. anything contained in sUb::section (3) ofsecti~n 319 of the Code of Criminal Procedure, 1973 proceed against him under any section of this Chapter .. 59. (1) If the person committing an offence under this Regulation is a company, the Commission of offence by company as well as every person who at the time the offence is committed was in charge of, companies. and responsible to, the company for the conduc~o!)ts business at the time of the commission of the offence, shall be deemed to be guilty of an offence, and shall be liable to be proceeded against and punished accordingly: . ,. ----- ~ .. 16 THE GAZETTE OF INDIA EXTRAORDINARY [PARTfi- 0.- _ I" ' Provided that where a company has ~ifJ~~.ent establishments or branch, the concerned Chief Executive and the person in-charge of such establishment, branch or unit nominated by the company as responsible for the conduct of business shall be liable for contravention in respect of such establishment, branch or unit: ). Provided further that nothing in this su~~ecdon ~atI ren~er any such person liable to any punishment if he proves that the offence was corrutitted W-»ttout his knowledge or that he exercised all due diligence to prevent the commission of su'th otfeoc;e. . , .... **"-;,-** , " (2) Notwithstanding anything contained in sub-section (/), where an offence under this Regulation has been corrunitted by a company and it is proved that the offence has been corrunitted with the consent or connivance ot~I'or that the commission of the' offence is attributable to any neglect on the part of any diTect~r, manager, secretary, or other officer of the. company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. i' . _Exp/analion.-For the purposes of this section,-_ _(a) "company" means any body corporate and includes a finn or other association_ of individuals; and .. _(b) "director", inrelation to a firm,_ means a partner in the fum. . " .-~~ .;_ '", , Procedure fc r 60. (1) The authorised Excise Officer sh?!_l ~ investigation of any offence committed launching under this Regulatio~ send his report 'to th.e Deputy Commissioner. prosecution n the case of (2) The Deputy Commissioner after scrutiny 'ofthe investigation report shall decide as major to whether alleged offence is major or minor and In the case of major offences, he shall decide offences. within such period as may be prescribed. es per the"gravity of offence. whether the matter be referred to- .'.''' _(a)_ a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term which may extend to three years; or _( b) a special court in case of offences punishable with imprisonment for a term_ exceedingthree-years where such special cqtirt is established, and in case no special court IS-established, such cases shall be triea by a court of ordinary jurisdiction., (3) The. Deputy Commissioner shall communicate his decision to concerned Excise Officer, who shall launch prosecution before courts of ordinary jurisdiction or special court, as the case may be. . 'roccdurc for '61 .. (I) All minor offences shall be adjudicated by an Acijl!J(licating Officer under this idjudication Regulation. . :n case of . (1) The Administrator shall, by notification, appoint an officer not below the rank of an offences. Additional District Magistrate of tho district where the alleged offence is committed, to be the Adjudicating Officer for adjudication in the manner as may be prescribed. (3) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has contravened the provisions of this Regulation or the rules made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence. (4) The Adjudicating Officer shall have the powers of a civil court and - _(a) all proceedings before him shall be deemed to be j,udicial proceedings within_ the meaning of sections 193 and 228 of the Indian Penal Code; 45 of 1860. _(b) shall be deemed to be a court for the purposes of sections 345 and 346 of the_ Code of Criminal Procedure, 1973. 2 of 1974. (5) While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 63. -' .. ,.~'" . ###### ~- - ----- , ###### / :)EC. I] THE GAZETTE OF IND.lA EXTRAORDINARY 17 2 of 1974. 62. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, Compounding the offences punishable under section 40, clause (0) of section 41, Clauses _(0)_ and (c) of of certain offences. section 48 and section 53 may either before or after the institution of any proceeding, be compoundable under this Regulation. (2) Any person who is reasonably suspected of having committed an offence specified under sub-section (1) may apply to the District Excise Officer for compounding of the offence. (3) On receipt of an application, under sub-section (2), the District Excise Officer, having regard to the circumstances of the case, may at his discretion order for compounding IJ fthe offence on payment of such sum of money by way of compounding fee or compensation ;br the offence, in accordance with the guidelines as may be prescribed. (4) On payment by the person such sum of money, no proceeding shall be instituted or continued against such person in any criminal court: Provided that the sum of money fixed as compounding fee or compensation by the District Excise Officer under this section shall not be less than five times but not more than ten times the duty involved or tlk value of liquor, apparatus, vehicle and other material, whichever is higher: Provided further that where liquor, apparatus, vehicle or other material is seized, the same shall not be released but shall be disposed of in such manner as may be prescribed. (5) Where the composition of any offence is made after the institution of any ~ rosecution, such composition shall be brought by the District Excise Officer in writing, to ':'le notice of the Court in which the prosecution is pending and on such riotice of the composition of the offence being given, the person in relation to whom the offence is so l:offi(>Ounded shall be discharged. " . 63. While adjudging the quantum of penalty under this Chapter, Court or the General J.djudicating Officer, as the case may be, shall have due regard to the following, namely:- provisions relating to _(a)_ the amount of gain or unfair, advantage, wherever quantifiable, made as a determina- result of the contravention; tion of pcnalty. _(b)_ the amount of loss caused or likely to cause to the Union territory Administration or any person as a result of the contravention; , (c) the repetitive nature of the contravention; _(d)_ whether the contravention is without his knowledge; and _. (e)_ any other relevant factor. 64. Whenever an offence has been committed, which is punishable UDder this Ccrtain things liable Regulation, following things shall be liable. to confiscation, namely:- to confisca- _(0) any liquor, material, still, ~~nsil, implement apparatus_ in respect of or by tion. means of which such offence has been committed; _(b) any liquor unlawfully imported, transported, manufactured, sold or brought_ along with, or in addition to any liquor, 'liable to confiscation under clause (0); _(c) any receptacle, package, or covering in which anything liable to confiscation_ under clause (a) or clause (b) is found, and the other contents, ifany, of such receptacle package or covering~d, . _._ _._ _s_ _'_ _(d)_ any animal,,.vehicle;'ivessel, or other conveyance used for carrying liquor.' ", ,_'. < - 65. (J) Notwithstanding anything con~ined in this Regulation or any other law for the Confiscation by Deputy Lime being in force, where anything liable for confiscation under section 64 is seized or Commis- detained under the provisions of this Regulation, the officer seizing and detaining such sioner in Jroperty shall, without any unreasonable delay, pf2d~ee ~e said seized property before the certain cases. Deputy Commissioner. .. '.P - ----- 18 THEGAZEITEOFINPlAEXTRAORDINARY [PART II- (2) On production of the said teized property under sub-section (1), the Deputy Commissioner if satisfied that an offence has been committed under this Regulation, he may, whether or not a prosecution is instituted for the commission of such offence, order for confiscation of such property, or otherwise hemay or~~r for its return to the rightful owner. (3) While making an order of conffscation ander iiIb-section '(2), the Deputy Commissioner may also order that such of the'prppert'fes to }V-wch the order of confiscation relates, which, in his opinion, cannot be preserved or are not fit for human consumption, be destroyed. li:_ (4) Whenever any confiscated article ~ to be destroyed under this section, it shall be destroyed in the presence of the Excise Officer' ordering the confiscation or forfeiture, as the case may be, or in the presence of an Excise Officer not below the rank of an Inspector. (5) Where the Deputy Commissioner, after passing 'an order of confiscation under sub- section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof tI?, be sold by public auction or dispose it of otherwise. , :' (6) The Deputy Commissioner shall submit a report of all particulars of confiscation to the Excise Commissioner withinone month of'such confiscation. (7) Any liquor, mahua flowers or molasses and any other property if confiscated in a case compounded under section 62 'or in respect of which an offence has been committed and the offender is not known or cannot be found, shall be disposed of in such manner as may be prescribed. Order of 66. (I) The order of any confiscation und~r section 65 shall not prevent imposition of confiscation any other punishment to which the person affected thereby is liable under this Regulation. and destruc- , ~ , ,. tion not to, (2) Notwithstanding anything contained in' any other law for the time being in force, interfere with the non-production of confiscated property t>rfpre the. trial court due to dispOsal of such other property, shall not affect the conviction for anoffence under this Regulation: punishment. . '. ~ . Provided tha] the samples of liquor and the photographs of the confiscated property may be preserved to meet the evidentiary requirements. ' Confiscated 67. (J) Subject to the provisions of this Regulation, when any article, animal or thing is articles to duly confiscated either by order of court or otherwise, such article, animal or thing shall be vest in the made over to the Deputy Commissioner for disposal in such manner and on payment of such Administra- tor. fees , as may be prescribed. (2) When an order for confiscation of any property lIas been passed under section 65 and such. order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in Administrator free from all encumbrances. ' CHAPTER VI DETECTION, INVESTIGATION AND TRw. OF OFFENcEs Power 10 68. The Excise Commissioner or any authorised Excise Officer may by order, require obtain any person or any establishment deemed reasonably connected with any unlawful handling information. of any liquor to furnish to him such information as may be specified in that order. Landholders, 69. _(J)_ Whenever any liquor is manufactured, exported •. imported or transported, officers anil collected, possessed or sold, in contravention of any provisions of this Regulation, the others 10 give information. owner or occupier of the land or building or his agent, and every officer of police and land revenue department, local bodies and block development office shall, in the absence of reasonable excuse, be bound to give notice of the fact to 8 Magistrate or to an officer of the Excise Department as soon as the fact comes to their knowledge. ----- ###### / r J . .' ###### I . ###### ( SF.c. I) THE GAZETIE OF INDIA EXTRAORDfNARY 19 (2) Every Excise Officer shall be bound to give immediate information to his immediate superior, of all breaches of any of the provisions of this Regulation, which may come to his knowledge under sub-section (1) or otherwise. 70. (1) Any authorised Excise Officer may search any place" seize any article, arrest or Power of detain any person if there is a reasonable doubt that such place, article or person is involved arrest. search ill commission of any offence under this Regulation: and seizure. Provided that no search shall be deemed to be irregular by reason only of the fact that witness fo~ the search is not inhabitant of the locality in which the place searched is situated. (2) Save as otherwise expressly provided in this Regulation, the provisions of the 2 )f 1974. Code of Crimina] Procedure, 1973 relating to search, seizure, arrest, detention, summons and investigation shall apply, as far as may be, to all action taken under this Regulation. 71. Every officer-in-charge of a police station shall take charge of and keep in safe Duty of cistody, pending the orders of a Magistrate or of the Deputy Commissioner, all articles police 10 accept seized seized under this Regulation which. may be delivered to him and shall allow any officer of the articles. Srcise Department who may accompany such articles, to affix his seal to such articles and to ial.e samples of and from them and all samples so taken shall also be sealed with the seal of lhc: officer-in-charge of the police station. ###### n. All major offences under this Regulation shall be cognizable and the provisions of Offences 20' 1974. the Code of Criminal Procedure, 1973, shall apply to them. . under this Regulation to be cognizable. 73. All offences punishable under this Regulation with imprisonment of two years and Certain 2 of 1974. more, shall be non-bailable and the provisions of the Code of Criminal Procedure, 1973, with offences to be non-bailable. res rect to non-bailable offences, shall apply to those offences. 2 of 1974. 74. Notwithstanding anything containedin the Code of Criminal Procedure, 1973, the Power of Magistrate shall have power to try summarily in accordance with the provisions contained in court to try cases secions 262 to 265 of that Code, all or any of the offences which are punishable under this summarily. Regulation with imprisonment for a term not ex~eeding six months Oli with fine, or with both. 75. (1) Whenever any person is convicted of an offence punishable under this Security for Rejulation and the court convieting him is of opinion that such person habitually commits or good conduct and abstain· atte mpts to commit, or abets the commission of any such offence and that it is necessary to ing from require such person to execute a bond for. abstaining from the commission of any such committing offence, the court may, at the time of passing sentence on such person, order him to execute offence. a bond for a sum proportionate to his means, with or without sureties, for abstaining from the C( mmission of such offence during such period, not exceeding three years, as it thinks fit to fix. (2) The bond shall be in the prescribed form in terms of the provisions of the Code of 2 of 1974. Criminal Procedure; ) 973 and shall in so far as they are applicable, apply to all matters connectedwith such bond as if it were a bond to keep the peace ordered to be. executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall becc me void. (4) An order under this section may also be made by an Appellate Court or by the High Cc lJ1 when exercising its powp of revision. , ~ ,I"~ ~CHAPTERvn APPEAL AND REVISION 76. (I) Any person aggrieved by any decision or order passed under this Regulation Appeals to Appellate by 2Jl Excise Officer subordinate to the Deputy Co~~sion!,r may appeal to the Deputy Authority. Commissioner. - ----- `20` THE GAZETrE OFINDIA EXTRAORDINARY [PARTll- - . (2) Any person aggrieved by any d~~isio~ or order of the Deputy Commissioner may appeal to the Excise Commissioner. (3) An appeal under this section shallbe fileiWithin thirty days from the date of communication of such decision or order together with self attested copy thereof Provided that a furtherperiod of thirty da~s may allo~~ 'ifthe appell~nt es~blisbes that sufficient cause prevented him from presenting the appeai..within thc aforesaid period of . thirty days. .. '! II ,: - Procedure if 77. (I) At the hearing of an appeal, an appellant may be allowed to go into any ground appeal. not specified in the grounds of appeal or tak~ additional evidence if necessary, if it is established that such omission was not wilfui'~r unreasonable. (2) The Appellate authority may after~~g such further inquiry as may be ne~ssary, pass such order, as he thinks !it, just and proper, conflrmlng, modifying or apnulling the decision or order, as the ca~ may be. -;~' . . . (3) 'The appeal shall be heard and decidedwithin a period of six months from the date on which such appeal is filed: . Provided that if an appeal is not decided-within the period specified, the reJiefprayed for in the appeal shall be deemed to have beengranted: Order of t 14: 78. (1) The order of the A ppellate Authority disposing of the appeal shall be in writing Appellate and shall state the points for determination, the decision thereon and the reasons for the Authority. decision. (2) The Appellate Authority shall communicate the order passed by him to the appellant and the Excise Officer whose order formed the"S'tibject matter of appeal. " Power of 79. The Excise Commissioner may, at any time within six months from-the date of the Excise order with a view to rectifying any mistake apparent from the record, amend any order passed Commission :r by him and shall make such amendments if the mistake is brought to his notice by any. of the to rectify mistakes parties to the appeal: " " ,I" :". apparent. frorn the Provided that an amendment which haS the effect of enhancing an assessment or record. reducing a refund or otherwise increasing the liability of the other party, shall not be made under this section unless the Excise Commissioner has given notice to the appellant of his intention to do so and has granted him an opportunity of being heard. Revision (·f 80 •. _(J)_ The Excise Commissioner may, on his own motion, call for the record of any orders by proceeding in which an officer subordinate to him has taken any decision or passed an order Excise Commissioner. under.this Regulation, including those related to the grant, issue or refusal to grant a licence, for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Chapter, pass such order thereon as he thinks fit. . (2) No order, which is prejudicial to any person shall be passed under this section unless the person has been given an opportunity of being heard. (3) The Excise Commissioner shall-communicate the order passed by him under sub- section (1) to such person and the Excise Officer whose order formed the subject matter of revision. (4) No order under this section shall be passed by thc Excise Commissioner in respect of any issue if an appeal against such issue is pending before the Deputy Commissioner. (5) No order under this section shall be passed after the expiry of a period of six months from the date on which the order sought to be revised has been passed. Deposit of _81. (l)_ Where in ~y appeal under this Chapter, the decision or order appealed against duty or fee relates to any duty or fee demanded or any penalty or fine levied under this Regulation, the demanded .)1 penalty or Ii lie person desirous of appealing against such decision or order shall, pending the appeal, levied, pen iing deposit with the Excise Officer the duty or fee is demanded or the penalty or fine levied, if appeal. such amount exceeds one lalch rupees. _·-'=;;'~_ _...•• ;"' ••• ;i_ _.::_ _•._ .- ..•.. " ... ----- r . ###### f ~EC. I] THE GAZETTE OF INDIA EXTRAORDINARY 21 (2) Where in any particular case, the Appellate Authority is of opinion that the appellant lias a prima facie case in his favour and deposit of duty demanded or penalty levied would cause undue hardship to such person, the Appellate Authority may dispense with such deposit and stay its recovery subject to such conditions as he may deem fit to impose so as 10 safeguard the interest of revenue. (3) Where an application is filed for dispensing with the deposit of duty or fee demanded or penalty or fine levied under sub-section (2), the Appellate Authority shall, where it is rossible to do so, decide such application within thirty days from the date of its filing. (4) Notwithstanding anything contained in sub-section _(I),_ no recovery action shall be initiated against the appellant until the application under sub-section (3) has been decided by the Appellant Authority. _82._ _(I)_ Any company referred to in sub-section (1) of section 7 and aggrieved by the Appeal to order of the Administrator may file an appeal to the High Court. . High Court. (2) An appeal shall lie to.the High Court from an order passed in appeal by the Excise Commissioner if the High Court is satisfied that the case involves a substantial question of ~~ . (3) The Union territory Administration or the other party aggrieved by any order passed by the Excise Commissioner may file an appeal to the High Court and such appeal under-this sub-section shall be- - _(a)_ filed within sixty days from the date on which the order appealed against is received by the Union territory Administration or the other party; _(b) accompanied by a fee often per cent of the amount involved or two lihousand_ rupees, whichever is higher, where such appeal is filed by the other party; _'(c)_ in the form of a memorandum of appeal precisely stating therein the substantial question of law involved. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall fotmulate that question. (5) The appeal shall be heard only on the question so formulated, and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of Court to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question of law. . (6) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which decision is founded and may award such cost as it deems fit. (7) The High Court may determine any issue which- _(a)_ has not been determined by the Excise Commissioner; _(b)_ h~ been wrongly determined by the Excise Commissioner, by reason of a decision of such<4uestion of law as is referred to in sub-section (1) . . ' ~. (8) An Appeal'shall be h,(ard by a bench of not less than two judges of the High Court, and shall be decided in' accordance with the opinion of such judges or oCthe majority, if any, of such judges. . (9) Where there is no such majority, thejudges shall state the point oflaw upon which they differ and the case shalt, then, be heard upon that point only by one or more of the other judges of High Court and such point sha\fht decided according to the opinion of the majority of the judges who have heard the cases including those who first heard it. ----- `22` THE GAZETIE OF INDIA EXTRAORDINARY [PARr II- _(10)_ Save as otherwise pro~i;e~ in tfi'is sectio~, the provisions of the Code of Civil Procedure, 1908, relating to the appeals to the High Court shall as far as may be, apply in 5 of 1908, cases of appeal under this section. Sums due to 83. Notwithstanding that an appeal had been p~~ferred.(o the High Court, sums due to be paid the Union territory Administration as a result of an or~tr passed by the Excise Commissioner notwiths t.md- ing appeal shall be payable in accordance with the order so passed: . ." J' before lilt: Provided that nothing contained in this section or Chapter shall affect the inherent High Cou- or revision powers of the High Court for granting stay 01) the recovery of such amount. before the: .Excise Cornmis- stoner. CHAPTER Vlll Mlscai.ANF.Ous PROVISIONS Measure 5, 84. Every person who manufactures or sells any liquor under a licence granted under weights &ld this Regulation, shall be bound:- . testing instrurnr.r IS. _(a)_ to supply himself with such measures, weights and instruments as the Excise Commissioner may specify in this behalf, and to keep the same in good condition; and ! Ir~I' .' ,_ _(b) on the requisition of any Excis~ Officer, at any time to measure, weight or test_ any liquor in his possession in such manner as the said Excise Officer may require. . .~; . Power of 85. The Administrator may, by notification; declare as to what shall be deemed to be Adminisu utor liquor for the purposes of this Regulation or the rules framed thereunder. __ to declare . .; ~~ I ' ' what shall be deemed 10 be liquor. Power of the .. §Ji. The Administrator may issue such order and'take such measures as may be deemed Adminisu "to~ appropriate to regulate drinking or to enforce prohibition in whole or any part of the Union ,to regull.~: . territory. . drinking ar ,d to enfor :e prohibit 011. Power of -. 87. The Administrator may frame rules to regulate.movement, possession and sale of Administrutor molasses, black [aggery, mahua flower, etc., indicating terms and conditions as are necessary to regulate and expedient to prevent their misuse for illicit distillation. molasses. black j3j:l! !:ry, mahua f ower, etc., to prevent misuse. Power t.) 88. No advertisement, direct or surrogate, shall be made for promoting consumption of regulate liquor: ' advertise- rnc n t . Provided that me Excise Commissioner may, at his discretion, allow such advertisement which is educative and promotes responsible drinking. Power of 89. The Administrator may, by notification; declare in respect of the whole of the Admini: tr itor Union territory of Andaman and Nicobar Islands or to any local area comprised therein as to decta.e regards purchasers generally or any specified class of purchasers and generally or for any limit of sale by retail Ie id specified occasion, the maximum or minimum quantity or both of any liquor which for the 'by whol :!::tle. purposes of this Regulation may be sold by retail and by wholesale. . ,~.-~.--- .... ,. - I' --.-----:- . ----- '/ ;. _I_ ~ SEC, I) THE GAZETIE OF INDIA EXTRAORDINARY 23 ###### r' 90. No suits for damages shall lie in any civil court against the Administrator or any Bar of certain officer or person for any act done in good faith, or ordered to be done in pursuance of this suits. 1 Regulation or of any other law for the time being in force relating to excise revenue. 9i. (1) The Administrator may by notification, make rules not inconsistent with the flower of provisions of this Regulation, for carrying out purposes of this Regulation, . Administrator to make rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- _(a)_ the form in which an annual report shall be submitted by the Excise v Commissioner under clause (I) of section 4; _(b) the grant of reward to the officers and employees, and informers for the work,_ and the terms and conditions thereof, under section 10; . _(c) the number of members of the Board of Experts,_ their qualification and term under sub-section _(I)_ of section II; ~ \ _(d) the manner of registration for the purpose of manufacture of alcohol exclusively_ for industrial use under sub-section (2) of section 12; . _(e) the fees, the period_ for, the terms and conditions and the form, for grant of licence or penn it under section 13; (f) the conditions for security and counterpart agreement unde~ .section 15; (g) the restrictions on power of the licensing authority to suspend or cancel licence and permit under section 18; _(h) the terms and conditions subject to which transfer of licence or permit may be_ made under section 21; . (1) the terms and conditions for granting of licence or lease under section 22; - --~- I : (j) the bond to be executed for removal of liquor from manufactory, warehouse, etc., under section 23; , . _(k)_ manner of collection of duties of excise under sub-section (l), the terms and conditions for collection offee for iss~e of licence or permit under sub-section (2) and the manner of assessment of import, export and transport duties under sub-section (3) of section 28; , (f) the returns, forms and the particulars and such other information to be submitted by the licensee under section 33; _,_ _(m)_ the quantity of the liquor to be sold, transported, possessed or bought by the manufacturer and the value thereof under clause (f) of sub-section (1) of section 34; _(n)_ the period within which any major offence may be referred by the Deputy Commissioner under sub-section (2) of section 60; _(0)_ the manner of adjudication by an Adjudicating Officer under sub-section (2) of section 61 ; ., (P) the guideliftes for 9,ompOUJ_1ding under sub-section (3) and the manner in which tpe liquor, apP¥atus, ~~hicl.e or other material seized shall be disposed of under sub-section (4) of seetion 61; _(q)_ the manner in which any liquor, mahua flowers or molasses and any other confiscated property shall be disposed of under sub-section (7) of section 65; _(r) the manner and fees for disposal of'confiscated property under sub-section (I)_ of sec don 67; ;,". ----- J" . .11':' 1!1' `24` TIlE GAZETIE OF1NDIA EXTRAORDINARY [PART II- _(s)_ the regulation of movement, possession and sale of molasses, blackjaggery, mahua flower, etc" under se'f'ii<in 87:'" , , - - _(t)_ any other matter which is to be, or may be prescribed under this Regulation, - t , Laying ( f 92. Every rule made under this Regulation shall be laid, .as soon as may be after it is rules, made, before each House of Parliament, 'wh• 1 ''lle \ l - it-is in:;essio~ for • .., - a total period of ~ ,I thirty days which may be comprised in one session qr W two or ~ore successive sessions, and if, before , the expiry of the session immediately following the ses~1;n or the successive sessions aforesaid, both Houses agree in making any modification in the rule or bo'th Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, ';: ' , " I ' Power to _93._ _(I)_ Ifany difflculty arises in giving effect to the provisions of this Regulation, the remove Administrator may, by order published in\ Official Gazette, make such provisions, not difficultie i. inconsistent with the provisions of this RegUiation, as may appear to it to be necessary, for removing . th e diff J ICU I ty: 'Ill, Provided that no order shall be made under this section after the expiry .of the period of two years from the date o~ commenc'eme~~ of this ~e~lation, , , ' , ' (2) Every order made under this section shall be laid.as soon as may be after it is made, before each House of Parliament. Repeal. 94. Immediately with effect from the 'date of commencement of this Regulation, section 31 _(a),_ _(b) and section 3lA_ and theSchedule of the Andaman and Nicobar Islands Reg, III of 1876, Regulation, 1876 shall stand repealed, ' Val idation, 95. Notwithstanding any judgment, decree or order of any court or, other authority, anything or any action done or taken or purported to have been done or taken 'Wider the provisions under repeal referred to in section 94, and the rules made thereunder, before the date of promulgation of this Regulation shall be 'and shall be deemed always to have been', as valid and effective as. if sl,Ich thing or action had been done or taken under this Regulation, and acc~9ingly~' _(a)_ any duty or fee levied, assessed or collected or purporting.to have been levied, assessed or collected under the provisions under repeal, and the rules made thereunder, before the date of commencement of this Regulation shall be deemed to have been validly levied, assessed or collected in accordance with law; -, _'._ _(b)_ no suit or other proceeding shall be maintained or continued in any court or 'before any authority for the refund, and no enforcement shall be made by any court or other authority of any decree or order directing the refund, of any such dutyor fee which has been so collected: Provided that nothing in this clause shall apply to" or in relation to, any case in which, under the order of the High Court, refund had been made before the date of promulgation of this Regulation of any duty collected under the provisions under repeal and the rrnes made thereunder, _Explanation.-For_ the removal of doubts, it is hereby declared that no act or omission on the part of any person before the date of promulgation of this Regulation shall be punishable as an offence which would not have been so punishable if this Regulation had not been promulgated, Transitory 96. Notwithstanding the repeal of section 31 (a), (b) and section 3lA of the Andaman provisions f(,r and Nicobar Islands Regulation, 1876, all rules, notifications and orders made or issued Reg, excise laws III of 1876, thereunder shall continue to be in force and operate till new rules, orders and notifications for Andaman and Nicobar are made or issued under this Regulation: . Islands, " - . - --_. -- - --- - _-. -.,~ . . -------------- :-1--- ----- SEC. 1] TI-IE GAZETIE OF INDlA EXTRAORDINARY `25` Provided that anything done or any action taken under the provisions under repeal shall be deemed to have been done or taken under the corresponding provisions of this Regulation and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Regulation. 11ffi SCHEDUlE· _(See section 28)_ - .No. Description of Liquor Rate . 2 3 I. Indian made foreign liquor (IMFL) 300% of the last selling price. and Foreign Liquor (FL) ###### 2 Wine 50% of the last selling price. 3. Beer 100% of the last selling price. PRATIBHA DEVISINGH PATIL, _President._ V. K. BHASIN, _Secy._ _to the Govt. of India ._ . ~, . PRlNTED BY DIRECTORATE OF PlUNTTNG AT GOVERl-IME1iI' OF INDIA PRESS. MINTO ROAD. NEW DEU!! AND PUilUSHED BY 11iE CONTROua.OF I'\)BUCATlONS. DELHI, 2012. MGIPMRND-1768GI(S3}-20-07 -2012. ###### .....---~- -----

14-Oct-1988

59

The motor vehicles act, 1988

https://www.indiacode.nic.in/bitstream/123456789/19009/1/aaa1988___59.pdf

Andaman and Nicobar Islands

# THE MOTOR VEHICLES ACT, 1988 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. e-cart and e-rickshaw. 2B.Promotion of innovation. CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence. 4. Age limit in connection with driving of motor vehicles. 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. 6. Restrictions on the holding of driving licences. 7. Restrictions on the granting of learner’s licences for certain vehicles. 8. Grant of learner’s licence. 9. Grant of driving licence. 10. Form and contents of licences to drive. 11. Additions to driving licence. 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. 13. Extent of effectiveness of licences, to drive motor vehicles. 14. Currency of licences to drive motor vehicles. 15. Renewal of driving licences. 16. Revocation of driving licence on grounds of disease or disability. 17. Orders refusing or revoking driving licences and appeals therefrom. 18. Driving Licences to drive motor vehicles, belonging to the Central Government. 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence. 20. Power of Court to disqualify. 21. Suspension of driving licence in certain cases. 22. Suspension or cancellation of driving licence on conviction. 23. Effect of disqualification order. 24. Endorsement. 25. Transfer of endorsement and issue of driving licence free from endorsement. 26. Maintenance of State Registers of Driving Licences. 27. Power of Central Government to make rules. 28. Power of State Government to make rules. 1 ----- CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES SECTIONS 29. Necessity for conductor’s licence. 30. Grant of conductor’s licence. 31. Disqualifications for the grant of conductor’s licence. 32. Revocation of a conductor’s licence on grounds of disease or disability. 33. Orders refusing, etc., conductor’s licences and appeals therefrom. 34. Power of licensing authority to disqualify. 35. Power of Court to disqualify. 36. Certain provisions of Chapter II to apply to conductor’s licence. 37. Savings. 38. Power of State Government to make rules. CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration. 40. Registration, where to be made. 41. Registration, how to be made. 42. Special provision for registration of motor vehicles of diplomatic officers, etc. 43. Temporary registration. 44. Production of vehicle at the time of registration. 45. Refusal of registration or renewal of the certificate of registration. 46. Effectiveness in India of registration. 47. Assignment of new registration mark on removal to another State. 48. No objection certificate. 49. Change of residence or place of business. 50. Transfer of ownership. 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. 52. Alteration in motor vehicle. 53. Suspension of registration. 54. Cancellation of registration suspended under section 53. 55. Cancellation of registration. 56. Certificate of fitness of transport vehicles. 57. Appeals. 58. Special provisions in regard to transport vehicles. 59. Power to fix the age limit of motor vehicle. 60. Registration of vehicles belonging to the Central Government. 61. Application of Chapter to trailers. 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority. 63. Maintenance of State Registers of Motor Vehicles. 64. Power of Central Government to make rules. 65. Power of State Government to make rules. 2 ----- CHAPTER V CONTROL OF TRANSPORT VEHICLES SECTIONS 66. Necessity for permits. 66A. National Transportation Policy. 66B. No bar against permit holders to apply and hold licences under schemes. 67. Power to State Government to control road transport. 68. Transport Authorities. 69. General provision as to applications for permits. 70. Application for stage carriage permit. 71. Procedure of Regional Transport Authority in considering application for stage carriage permit. 72. Grant of stage carriage permits. 73. Application for contract carriage permit. 74. Grant of contract carriage permit. 75. Scheme for renting of motor cabs. 76. Application for private service vehicle permit. 77. Application for goods carriage permit. 78. Consideration of application for goods carriage permit. 79. Grant of goods carriage permit. 80. Procedure in applying for and granting permits. 81. Duration and renewal of permits. 82. Transfer of permit. 83. Replacement of vehicles. 84. General conditions attaching to all permits. 85. General form of permits. 86. Cancellation and suspension of permits. 87. Temporary permits. 88. Validation of permits for use outside region in which granted. 88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods. 89. Appeals. 90. Revision. 91. Restriction of hours of work of drivers. 92. Voidance of contracts restrictive of liability. 93. Agent or canvasser or aggregator to obtain licence. 94. Bar on jurisdiction of Civil Courts. 95. Power of State Government to make rules as to stage carriages and contract carriages. 96. Power of State Government to make rules for the purposes of this Chapter. CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 97. Definition. 98. Chapter to override Chapter V and other laws. 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. 100. Objection to the proposal. 101. Operation of additional services by a State transport undertaking in certain circumstances. 3 ----- SECTIONS 102. Cancellation or modification of scheme. 103. Issue of permits to State transport undertakings. 104. Restriction on grant of permits in respect of a notified area or notified route. 105. Principles and method of determining compensation and payment thereof. 106. Disposal of article found in vehicles. 107. Power of State Government to make rules. 108. Certain powers of State Government exercisable by the Central Government. CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 109. General provision regarding construction and maintenance of vehicles. 110. Power of Central Government to make rules. 111. Power of State Government to make rules. CHAPTER VIII CONTROL OF TRAFFIC 112. Limits of speed. 113. Limits of weight and limitations on use. 114. Power to have vehicle weighed. 115. Power to restrict the use of vehicles. 116. Power to erect traffic signs. 117. Parking places and halting stations. 118. Driving regulations. 119. Duty to obey traffic signs. 120. Vehicles with left hand control. 121. Signals and signalling devices. 122. Leaving vehicle in dangerous position. 123. Riding on running board, etc. 124. Prohibition against travelling without pass or ticket. 125. Obstruction of driver. 126. Stationary vehicles. 127. Removal of motor vehicles abandoned or left unattended on a public place. 128. Safety measures for drivers and pillion riders. 129. Wearing of protective headgear. 130. Duty to produce licence and certificate of registration. 131. Duty of the driver to take certain precautions at unguarded railway level crossing. 132. Duty of driver to stop in certain cases. 133. Duty of owner of motor vehicle to give information. 134. Duty of driver in case of accident and injury to a person. 134A. Protection of Good Samaritans. 135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc. 136. Inspection of vehicle involved in accident. 137. Power of Central Government to make rules. 138. Power of State Government to make rules. 4 ----- CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA SECTIONS 139. Power of Central Government to make rules. CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN CASES 140. Liability to pay compensation in certain cases on the principle of no fault. 141. Provisions as to other right to claim compensation for death or permanent disablement. 142. Permanent disablement. 143. Applicability of Chapter to certain claims under Act 8 of 1923. 144. Overriding effect. CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. Definitions. 146. Necessity for insurance against third party risk. 147. Requirements of policies and limits of liability. 148. Validity of policies of insurance issued in reciprocating countries. 149. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. 150. Rights of third parties against insurers on insolvency of the insured. 151. Duty to give information as to insurance. 152. Settlement between insurers and insured persons. 153. Saving in respect of sections 150, 151 and 152. 154. Insolvency of insured persons not to affect liability of insured or claims by third parties. 155. Effect of death on certain causes of action. 156. Effect of certificate of insurance. 157. Transfer of certificate of insurance. 158. Production of certain certificates, licence and permit in certain cases. 159. Production of certificate of Insurance on application for authority to use vehicle. 160. Duty to furnish particulars of vehicle involved in accident. 161. Special provisions as to compensation in case of hit and run motor accident. 162. Refund in certain cases of compensation paid under section 161. 163. Scheme for payment of compensation in case of hit and run motor accidents. 163A. Special provisions as to payment of compensation on structured formula basis. 163B. Option to file claim in certain cases. 164. Power of Central Government to make rules. CHAPTER XII CLAIMS TRIBUNALS 165. Claims Tribunals. 166. Application for compensation. 5 ----- SECTIONS 167. Option regarding claims for compensation in certain cases. 168. Award of the Claims Tribunal. 169. Procedure and powers of Claims Tribunals. 170. Impleading insurer in certain cases. 171. Award of interest where any claim is allowed. 172. Award of compensatory costs in certain cases. 173. Appeals. 174. Recovery of money from insurer as arrear of land revenue. 175. Bar on jurisdiction of Civil Courts. 176. Power of State Government to make rules. CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE 177. General provision for punishment of offences. 177A. Penalty for contravention of regulations under section 118. 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc. 179. Disobedience of orders, obstruction and refusal of information. 180. Allowing unauthorised persons to drive vehicles. 181. Driving vehicles in contravention of section 3 or section 4. 182. Offences relating to licences. 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. 182B. Punishment for contravention of section 62A. 183. Driving at excessive speed, etc. 184. Driving dangerously. 185. Driving by a drunken person or by a person under the influence of drugs. 186. Driving when mentally or phycically unfit to drive. 187. Punishment for offences relating to accident. 188. Punishment for abetment of certain offences. 189. Racing and trials of speed. 190. Using vehicle in unsafe condition. 191. [Omitted]. 192. Using vehicle without registration. 192A. Using vehicle without permit. 193. Punishment of agents and canvassers without proper authority. 194. Driving vehicle exceeding permissible weight. 194A. Carriage of excess passengers. 194B. Use of safety belts and the seating of children. 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders. 194D. Penalty for not wearing protective headgear. 194E. Failure to allow free passage to emergency vehicles. 194F. Use of horns and silence zones. 195. [Omitted]. 196. Driving uninsured vehicle. 6 ----- SECTIONS 197. Taking vehicle without authority. 198. Unauthorised interference with vehicle. 198A. Failure to comply with standards for road design, construction and maintenance. 199. Offences by companies. 199A. Offences by juveniles. 199B. Revision of fines. 200. Composition of certain offences. 201. Penalty for causing obstruction to free flow of traffic. 202. Power to arrest without warrant. 203. Breath tests. 204. Laboratory test. 205. Presumption of unfitness to drive. 206. Power of police officer to impound document. 207. Power to detain vehicles used without certificate of registration permit, etc. 208. Summary disposal of cases. 209. Restriction on conviction. 210. Courts to send intimation about conviction. 210A. Power of State Government to increase penalties. 210B. Penalty for offence committed by an enforcing authority. 210C. Power of Central Government to make rules. 210D. Power of State Government to make rules. CHAPTER XIV MISCELLANEOUS 211. Power to levy fee. 211A. Use of electronic forms and documents. 212. Publication, commencement and laying of rules and notifications. 213. Appointment of motor vehicles officers. 214. Effect of appeal and revision on orders passed by original authority. 215. Road Safety Councils and Committees. 215A. Power of Central Government and State Government to delegate. 215B. National Road Safety Board. 215C. Power of Central Government to make rules. 215D. Power of State Government to make rules. 216. Power to remove difficulties. 217. Repeal and savings. 217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 7 ----- # THE MOTOR VEHICLES ACT, 1988 ACT NO. 59 OF 1988 An Act to consolidate and amend the law relating to motor vehicles. [14th October, 1988.] BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Motor Vehicles Act,** 1988. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. **2. Definitions.—In this Act, unless context otherwise requires,—** 2[(1) “adapted vehicle” means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;] (2) “articulated vehicle” means a motor vehicle to which a semitrailer is attached; (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 3[(4A) “community service” means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;] (5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) “conductor’ slicence” means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum— (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, 1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Pt. II, sec. 3 (ii). 2. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019). 3. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 8 ----- and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes— (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) “dealer” includes a person who is engaged— 1* - - - (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 2[(9A) “driver refresher training course” means the course referred to in sub-section (2A) of section 19;] (10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; 2[(12A) “golden hour” means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) “goods” includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 3* - - - (19) “learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; (20) “licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; 1. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 3. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 9 ----- (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed [1][7500] kilograms; 2[(21A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;] (22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, [3][adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or [3][adapted carriage]; (27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4[twenty-five cubic centimetres]; (29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; (30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) “prescribed” means prescribed by rules made under this Act; (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) “public place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; 1. Subs. by Act 54 of 1994, s. 2, for “6000” (w.e.f. 14-11-1994). 2. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 2, for “invalid carriage” (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 2, for “thirty-five cubic centimetres” (w.e.f. 14-11-1994). 10 ----- (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV; (38) “route” means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another; 1[(38A) “scheme” means a scheme framed under this Act;] 2[(39) “semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super-imposed on, and a part of whose weight is borne by, that motor vehicle;] (40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; (41) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by,— (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 3[(iv) Zilla Parishad or any other similar local authority.] _Explanation.—For the purposes of this clause, “road transport service” means a service of motor_ vehicles carrying passengers or goods or both by road for hire or reward; 1[(42A) “testing agency” means any entity designated as a testing agency under section 110B;] (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; (49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests[1][or moves]. 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 3. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 11 ----- 1[2A. **e-cart and e-rickshaw.—(1) Save as otherwise provided in the proviso to sub-section (1) of** section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. (2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.] **2[2B.Promotion of innovation.—Notwithstanding anything contained in this Act and subject to such** conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.] CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES **3. Necessity for driving licence.—(1) No person shall drive a motor vehicle in any public place** unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than [3][a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. **4. Age limit in connection with driving of motor vehicles.—(1) No person under the age of** eighteen years shall drive a motor vehicle in any public place: Provided that [4][a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. **5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.—No owner** or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. **6. Restrictions on the holding of driving licences.—(1) No person shall, while he holds any driving** licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. **7. Restrictions on the granting of learner’ slicences for certain vehicles.—[5][(1)** No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year:] 1. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015). 2. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1-9-2019). 3. Subs. by Act 54 of 1994, s. 3 for “a motor cab” (w.e.f. 14-11-1994). 4. Subs. by s. 4, ibid., for “a motor cycle without gear” (w.e.f. 14-11-1994). 5. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 14-11-1994). 12 ----- 1[Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.] (2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence. **8. Grant of learner’s licence.—(1) Any person who is not disqualified under section 4 for driving a** motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to [2][any of the licensing authority in the State]— (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents [3][with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government. (3) Every application [4][to drive a transport vehicle made]under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 5* - - - (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s licence: Provided that a learner’s licence limited to driving an [6][adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No learner’s licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such testas may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner’s licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant’s inability to apply to the appropriate licensing authority. (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both. 1. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015). 2. Subs. by Act 32 of 2019, s.4, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 3. Subs. by s. 4, ibid., for “and with such fee” (w.e.f. 1-9-2019). 4. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 5. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 6. Subs. by s. 4, ibid., for “invalid carriage” (w.e.f. 1-9-2019). 13 ----- (8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. **9. Grant of driving licence—(1) Any person who is not for the time being disqualified for holding or** obtaining a driving licence may apply to [1][any licensing authority in the State]— (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 2[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that— (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b)the applicant is not suffering from any disability which is likely to cause the driving by him to be a source ofdanger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 3[Provided further that a driving licence for driving an adapted vehicle maybe issued to the applicant, if the licensing authority is satisfied that he is fit todrive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses [4]*** a driving certificate issued by a school or establishment referred to in section 12. 5[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. 1. Subs. by Act 32 of 2019, s. 5, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 4. The words “such minimum educational qualification as may be prescribed by the Central Government and” omitted by s. 5, _ibid (w.e.f. 1-9-2019)._ 5. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 14 ----- (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he— (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 1[(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.] **10. Form and contents of licences to drive.—(1) Every learner’s licence and driving licence, except** a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:— (a) motor cycle without gear; (b) motor cycle with gear; (c) [2][adapted vehicle]; (d) light motor vehicle; 3[(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description. **11. Additions to driving licence.—(1) Any person holding a driving licence to drive any class or** description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to [4][any licensing authority in the State] in which he resides or carries on his business in such form and accompanied by such documents 1. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 2. Subs. by Act 32 of 2019, s. 6, for “invalid carriage” (w.e.f. 1-9-2019). 3. Subs. by Act 54 of 1994, s. 8, for cls. (e) to (h) (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 7, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 15 ----- and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. **12. Licensing and regulation of schools or establishments for imparting instruction in driving of** **motor vehicles.—(1) The Central Government may make rules for the purpose of licensing and** regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be necessary to carry out the purposes of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from 16 ----- such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. **13. Extent of effectiveness of licences, to drive motor vehicles.—A learner’s licence or a driving** licence issued under this Act shall be effective throughout India. **14. Currency of licences to drive motor vehicles.—(1) A learner’s licence issued under this Act** shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall,— (a) in the case of a licence to drive a transport vehicle, be effective for a period of [1][five years]: 2*** 3[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of [4][three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];] 5[(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,— (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.] 6* - - - **15. Renewal of driving licences.—(1) Any licensing authority may, on application made to it, renew** a driving licence issued under the provisions of this Act with effect from the date of its expiry: Provided that in any case where the application for the renewal of a licence is made [7][either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner’s licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. 1. Subs. by Act 32 of 2019, s. 9, for “three years” (w.e.f. 1-9-2019). 2. The word “and” omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 3. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 5. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 6. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). 7. Subs. by s. 10, ibid., for “more than thirty days” (w.e.f. 1-9-2019). 17 ----- (3) Where an application for the renewal of a driving licence is made previous to, or not more than 1[one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than [1][one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than [2][one year after the driving licence has ceased to be effective, the licensing authority shall] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. **16. Revocation of driving licence on grounds of disease or disability.—Notwithstanding anything** contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, if the licensing authority has reasonable grounds to be live that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence. **17. Orders refusing or revoking driving licences and appeals therefrom—(1) Where a licensing** authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **18. Driving licences to drive motor vehicles, belonging to the Central Government.—(1) Such** authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). 1. Subs. by Act 32 of 2019, s. 10, for “thirty days” (w.e.f. 1-9-2019). 2. Subs. by s. 10, ibid., for “five years after the driving licence has ceased to be effective, the licensing authority may” (w.e.f. 19-2019). 18 ----- (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. **19. Power of licensing authority to disqualify from holding a driving licence or revoke such** **licence.—(1) If a licensing authority is satisfied, after giving the holder of a driving licence an** opportunity of being heard, that he— (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learner’s licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order— (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. (2) Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,— (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder. (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final. **20. Power of Court to disqualify.—(1) Where a person is convicted of an offence under this Act or** of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment 19 ----- authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence: Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence. (2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause (c) of sub-section(1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person— (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. **21. Suspension of driving licence in certain cases.—(1) Where, in relation to a person who had** been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended— (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. 20 ----- **22. Suspension or cancellation of driving licence on conviction.—(1) Without prejudice to the** provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle. (2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. (3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force. **23. Effect of disqualification order.—(1) A person in respect of whom any disqualification order is** made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. (2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. (3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. **24. Endorsement.—(1) The Court or authority making an order of disqualification shall endorse or** cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed. (2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted. (3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving licence if it is in his possession. 21 ----- (4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed. (5) When the driving licence is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed. (6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement. **25. Transfer of endorsement and issue of drivinglicence free from endorsement.—(1) An** endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then— (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements: Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. **26. Maintenance of State Registers of Driving Licences.—(1) Each State Government shall** maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing the following particulars, namely:— (a) names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may prescribe. (2) Each State Government shall supply to the Central Government a [1][printed copy or copy in such other form as the Central Government may require] of the State Register of Driving Licences and shall 1. Subs. by Act 54 of 1994, s. 10, for “printed copy” (w.e.f. 14-11-1994). 22 ----- inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed by the State Government. **27. Power of Central Government to make rules.—The Central Government may make rules—** 1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue alearner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; 1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015). 2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015). 3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 23 ----- (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 1[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 1[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in [2]*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government. **28. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; (e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; (j) the manner in which the State Register of Driving Licences shall be maintained under section 26; (k) any other matter which is to be, or may be, prescribed. 1. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 2. The words, brackets and figure “sub-section (1) of” omitted by s. 14, ibid. (w.e.f. 1-9-2019). 24 ----- CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES **29. Necessity for conductor’s licence.—(1) No person shall act as a conductor of a stage carriage** unless he holds an effective conductor’s licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. (2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month. **30. Grant of conductor’s licence.—(1) Any person who possesses such minimum educational** qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor’s licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor’s licence. (2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed. (3) Every application for a conductor’s licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant. (4) A conductor’s licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed and shall be effective throughout the State in which it is issued. (5) The fee for a conductor’s licence and for each renewal thereof shall be one-half of that for a driving licence. **31. Disqualifications for the grant of conductor’s licence.—(1) No person under the age of** eighteen years shall hold, or be granted, a conductor’s licence. (2) The licensing authority may refuse to issue a conductor’s licence— (a) if the applicant does not possess the minimum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and (c) if any previous conductor’s licence held by the applicant was revoked. **32. Revocation of a conductor’s licence on grounds of disease or disability.—A conductor’s** licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor’s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. **33. Orders refusing, etc., conductor’s licences and appeals therefrom.—(1) Where a licensing** authority refuses to issue or renew, or revokes any conductor’s licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 25 ----- **34. Power of licensing authority to disqualify.—(1) If any licensing authority is of opinion that it is** necessary to disqualify the holder of a conductor’s licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor’s licence: Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. (2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **35. Power of Court to disqualify.—(1) Where any person holding a conductor’s licence is convicted** of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor’s licence. (2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. **36. Certain provisions of Chapter II to apply to conductor’s licence.—The provisions of** sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s licence, as they apply in relation to a driving licence. **37. Savings.—If any licence to act as a conductor of a stage carriage (by whatever name called) has** been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted. **38. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licences are issued; (d) the form of application for conductor’s licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor’s licences may be issued or renewed and the particulars it may contain; 26 ----- (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges; (i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the extent to which, a conductor’s licence issued in another State shall be effective in the State; (k) the communication of particulars of conductor’s licences from one authority to other authorities; and (l) any other matter which is to be, or may be, prescribed. CHAPTER IV REGISTRATION OF MOTOR VEHICLES **39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor** vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. **40. Registration, where to be made.—Subject to the provisions of section 42, section 43 and section** 60, every owner of a motor vehicle shall cause the vehicle to be registered by [1][any registering authority in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. **41. Registration, how to be made.—(1) An application by or on behalf of the owner of a motor** vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue [2][a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. 1. Subs. by Act 32 of 2019, s. 16, for “a registering authority” (w.e.f. 1-9-2019). 2. Subs. by s. 17, ibid., for “to the owner of a motor vehicle registered by it a certificate of registration” (w.e.f. 1-9-2019). 27 ----- (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration for a period of five years and intimate the fact to the original registering authority, if it is not the original registering authority. (11) If the owner fails to make an application under sub-section (1), or, as the case may be, under sub-section (8) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (13): Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (12) Where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177. (13) For the purposes of sub-section (11), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8). (14) An application for the issue of a duplicate certificate of registration shall be made to the [1][last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. **42. Special provision for registration of motor vehicles of diplomatic officers, etc.—(1) Where an** application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act. (2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering 1. Subs. by Act 54 of 1994, s. 11, for “original registering authority” (w.e.f. 14-11-1994). 28 ----- authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles. (4) For the purposes of this section, “diplomatic officer” or “consular officer” means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. **43. Temporary registration.—(1) Notwithstanding anything contained in section 40 the owner of a** motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark. (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable: Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted [1][with a body or any unforeseen circumstances beyond the control of the owner], the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow. 2[(3) In a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.] **44. Production of vehicle at the time of registration.—The registering authority shall before** proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be, for renewing the certificate of registration to produce the vehicle either before itself or such authority as the State Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of this Act and of the rules made thereunder. **45. Refusal of registration or renewal of the certificate of registration.—The registering authority** may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal. **46. Effectiveness in India of registration.—Subject to the provisions of section 47, a motor vehicle** registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India. **47. Assignment of new registration mark on removal to another State.—(1) When a motor** vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: 1. Subs. by Act 54 of 1994, s. 12, for “with a body” (w.e.f. 14-11-1994). 2. Ins. by s. 12, ibid. (w.e.f. 14-11-1994). 29 ----- Provided that an application under this sub-section shall be accompanied— (i) by the no objection certificate obtained under section 48, or (ii) in a case where no such certificate has been obtained, by— (a) the receipt obtained under sub-section (2) of section 48; or (b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted: Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark). (4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed. (5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7): Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177. (7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1). **48. No objection certificate.—(1) The owner of a motor vehicle when applying for the assignment of** a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection 30 ----- certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration. (2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government. (3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no objection certificate: Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. (4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate. (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other factors as may be prescribed by the Central Government. 1[(6)The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.] **49. Change of residence or place of business.—(1) If the owner of a motor vehicle ceases to reside** or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another [2][State, to any registering authority in that State], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein. 3[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.] (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding [4][five hundred rupees] as may be prescribed under sub-section (4): Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. (3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177. 1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14-11-1994). 2. Subs. by Act 32 of 2019, s. 20, for “registering authority, to that other registering authority” (w.e.f. 1-9-2019). 3. Ins. by s. 20, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 20, ibid., for “one hundred rupees” (w.e.f. 1-9-2019). 31 ----- (4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address. (5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration. **50. Transfer of ownership.—(1) Where the ownership of any motor vehicle registered under this** Chapter is transferred,— (a) the transferor shall,— (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)— (A) the no objection certificate obtained under section 48; or (B) in a case where no such certificate has been obtained,— (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where— (a) the person in whose name a motor vehicle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, 32 ----- having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. **51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.—(1)** Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. (2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the [1][last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration [2][and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the [1][last registering authority] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe[2][and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle [3][from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issuea fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: 1. Subs. by Act 54 of 1994, s. 14, for “original registering authority” (w.e.f. 14-11-1994). 2. Added. by s. 14, ibid. (w.e.f. 14-11-1994). 3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994). 33 ----- Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. (6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark [1][under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). _Explanation.—For the purposes of this sub-section and sub-sections (8) and (9), “appropriate_ authority”, in relation to any permit, means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,— (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either— (i) renew or refuse to renew the permit, or (ii) issue or refuse to issue the duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case,— (i) renew the permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark. (10) A registering authority making an entry in the certificate of registration regarding— (a) hire-purchase lease or hypothecation agreement of a motor vehicle, or (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or 1. Subs. by Act 54 of 1994, s. 14, for “under section 47, make an application” (w.e.f. 14-11-1994). 34 ----- (f) change of address, shall communicate [1][by registered post acknowledgment due] to the financier that such entry has been made. 2[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12)The registering authority where it is not the original registering authority, when making entry under sub-section (1)or sub-section (2),or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.] **3[52. Alteration in motor vehicle.— (1) No owner of a motor vehicle shall so alter the vehicle that** the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: Provided further that the Central Government may prescribe specifications, conditions for approval, retro fitment and other related matters for such conversion kits: Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 4[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] (2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority. (3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. _Explanation.—For the purposes of this section, “alteration” means a change in the structure of a_ vehicle which results in a change in its basic feature.] 1. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994). 2. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994). 3. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000). 4. Ins. by Act 32 of 2019, s. 21 (w.e.f. 1-9-2019). 35 ----- **53. Suspension of registration.—(1) If any registering authority or other prescribed authority has** reason to believe that any motor vehicle within its jurisdiction— (a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle— (i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months. (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1),intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before. **54. Cancellation of registration suspended under section 53.—Where the suspension of** registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel the registration. **55. Cancellation of registration.—(1) If a motor vehicle has been destroyed or has been rendered** permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle. (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration. (5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material 36 ----- particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration. 1[(5A) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year: Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.] (6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle. (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. (8) The expression “original registering authority” in this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded. (9) In this section, “certificate of registration” includes a certificate of registration renewed under the provisions of this Act. **56. Certificate of fitness of transport vehicles.—(1) Subject to the provisions of sections 59 and 60,** a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder: Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. (2) The “authorised testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages. (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 2[Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualifications.] 1. Ins. by Act 32 of 2019, s. 22 (w.e.f. 1-9-2019). 2. Ins. by Act 54 of 1994, s. 16 (w.e.f. 14-11-1994). 37 ----- (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. **57. Appeals.—[1][(1) Any person aggrieved by an order of the registering authority under section** 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.] (2) The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit. **58. Special provisions in regard to transport vehicles.—(1) The Central Government may, having** regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the [2][maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle. (2) A registering authority, when registering a transport vehicle, other than a motorcab shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:— (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 3* - - - (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority. **59. Power to fix the age limit of motor vehicle.—(1) The Central Government may, having regard** to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of motor vehicles. 1. Subs. by Act 54 of 1994, s.17, for sub-section (1) (w.e.f. 14-11-1994). 2. Subs. by s. 18, ibid., for “maximum safe laden weight” (w.e.f. 14-11-1994). 3. Sub-section (4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11-8-2000). 38 ----- (2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification. (3) Notwithstanding anything contained in section 56, no prescribed authority or authorised testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1). 1[(4) The Central Government may, having regard to the public safety, convenience, protection of the environment and the objects of this Act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life.] **60. Registration of vehicles belonging to the Central Government.—(1) Such authority as the** Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act. (2) The authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this section. (3) A vehicle registered under this section shall carry the certificate issued under sub-section (2). (4) If a vehicle registered under this section ceases to be the property or under the exclusive control of the Central Government, the provisions of sections 39 and 40 shall thereupon apply. (5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require. **61. Application of Chapter to trailers.—(1) The provisions of this Chapter shall apply to the** registration of trailers as they apply to the registration of any other motor vehicle. (2) The registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle, as may be prescribed by the Central Government. (3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the Central Government. **62. Information regarding stolen and recovered motor vehicles to be furnished by the police to** **the State Transport Authority.—The State Government may, if it thinks necessary or expedient so to do** in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made. **63. Maintenance of State Registers of Motor Vehicles.—(1) Each State Government shall maintain** in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicle, in respect of the motor vehicles in that State, containing the following particulars, namely:— (a) registration numbers; 1. Ins. by Act 32 of 2019, s. 24 (w.e.f. 1-9-2019). 39 ----- (b) years of manufacture; (c) classes and types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the Central Government. (2) Each State Government shall supply to the Central Government [1][if so desired by it] a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by the State Government. **64. Power of Central Government to make rules.—The Central Government may make rules to** provide for all or any of the following matters, namely:— (a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 2[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 2[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 2[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for “No Objection Certificate” shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 1. Ins. by Act 54 of 1994, s. 19 (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 40 ----- 1[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 1[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under sub section (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 1[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 1[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government. **65. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeals and the refund of such fees); (b) the appointment, functions and jurisdiction of registering and other prescribed authorities; (c) the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the conditions governing such exemption; (d) the issue or renewal of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mutilated; 1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 41 ----- (e) the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight; (f) the temporary registration of motor vehicles, and the issue of temporary certificate of registration and marks[1][under the proviso to section 43]; (g) the manner in which the particulars referred to in sub-section (2) of section 58 and other prescribed particulars shall be exhibited; (h) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (i) the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter; (j) the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and of their registration; (k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50; (l) the extension of the validity of certificates of fitness pending consideration of applications for their renewal; (m) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers; (n) the form in which and the period within which the return under section 62 shall be sent; (o) the manner in which the State Register of Motor Vehicles shall be maintained under section 63; (p) any other matter which is to be or may be prescribed. CHAPTER V CONTROL OF TRANSPORT VEHICLES **66. Necessity for permits.—(1) No owner of a motor vehicle shall use or permit the use of the** vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used: Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. 2[Provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner.] (2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or semi trailer not owned by him, subject to such conditions as may be prescribed. 1. Ins. by Act 32 of 2019, s. 28 (w.e.f. 1-9-2019). 2. Ins. by s. 29, ibid. (w.e.f. 1-9-2019). 42 ----- 1[Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor.] (3) The provisions of sub-section (1) shall not apply— (a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses; (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf; (g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; 2* - - - (i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; 3* - - - (m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; (n) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify; (o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or (p) to any transport vehicle while proceeding empty to any place for purpose of repair. 4[(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government.] 1. Added by Act 54 of 1994, s. 20 (w.e.f. 14-11-1994). 2. Cl. (h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11-8-2000). 3. Cl. (l) omitted by Act 39 of 2001, s. 2 (w.e.f. 27-9-2001). 4. Ins. by Act 32 of 2019, s. 29 (w.e.f. 1-9-2019). 43 ----- (4) Subject to the provisions of sub-section (3), sub-section (1) shall if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. **1[66A. National Transportation Policy.—The Central Government may develop a National** Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to— (i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate; (ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system; (iii) establish the framework of grant of permits and schemes; (iv) establish strategic policy for transport by road and its role as a link to other means of transport; (v) identify strategic policies and specify priorities for the transport system that address current and future challenges; (vi) provide medium to long term strategic directions, priorities and actions; (vii) promote competition, innovation, increase in capacity, seamless mobility and greater efficiency in transport of goods or livestock or passengers, and economical use of resources; (viii) safeguard the interest of the public and promote equity, while seeking to enhance private participation and public-private partnership in the transport sector; (ix) demonstrate an integrated approach to transport and land use planning; (x) identify the challenges that the National Transportation Policy seeks to address; and (xi) address any other matter deemed relevant by the Central Government. **66B. No bar against permit holders to apply and hold licences under schemes.—No person who** holds the permit issued under this Act shall— (a) be disqualified from applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (1) of section 88A by reason of holding such permit; and (b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.] **67. Power to State Government to control road transport.—[2][(1) A State Government, having** regard to— (a) the advantages offered to the public, trade and industry by the development of motor transport; (b) the desirability of co-ordinating road and rail transport; (c) the desirability of preventing the deterioration of the road system, and (d) promoting effective competition among the transport service providers, may, from time to time, by notification in the Official Gazette issue directions both to the State Transport Authority and Regional Transport Authority regarding the passengers’ convenience, economically competitive fares, prevention of overcrowding and road safety.] 1. Ins. by Act 32 of 2019, s. 30 (w.e.f. 1-9-2019). 2. Subs. by s. 31, ibid., for sub-section (1) (w.e.f. 1-9-2019). 44 ----- (2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods: 1[Provided that the State Government may subject to such conditions as it may deem fit, and with a view to achieving the objectives specified in clause (d) of sub-section (1), relax all or any of the provisions made under this Chapter.] 1[(3) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for the transportation of goods and passengers and issue licences under such scheme for the promotion of development and efficiency in transportation— (a) last mile connectivity; (b) rural transport; (c) reducing traffic congestion; (d) improving urban transport; (e) safety of road users; (f) better utilisation of transportation assets; (g) the enhancement of economic vitality of the area, through competitiveness, productivity and efficiency; (h) the increase in the accessibility and mobility of people; (i) the protection and enhancement of the environment; (j) the promotion of energy conservation; (k) improvement of the quality of life; (l) enhance integration and connectivity of the transportation system, across and between modes of transport; and (m) such other matters as the Central Government may deem fit. (4) The scheme framed under sub-section (3), shall specify the fees to be charged, form of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence.] **68. Transport Authorities.—(1) The State Government shall, by notification in the Official Gazette,** constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities: Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority. (2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons (whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appoint; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue 1. Ins. by Act 32 of 2019, s. 31 (w.e.f. 1-9-2019). 45 ----- to be, a member of a State or Regional Transport Authority, and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office: Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law: Provided further that the State Government may,— (i) where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law; (ii) by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the Chairman or any other member and specify the circumstances under which, and the manner in which, such business could be so transacted: Provided also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with the management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking. (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely:— (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and 1[(ca) Government to formulate routes for plying stage carriages;] (d) to discharge such other functions as may be prescribed. (4) For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions. (5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. **69. General provision as to applications for permits.—(1) Every application for a permit shall be** made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the 1. Ins. by Act 54 of 1994, s. 22 (w.e.f. 14-11-1994). 46 ----- major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles: Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the region in which the applicant resides or has his principal place of business. **70. Application for stage carriage permit.—(1) An application for a permit in respect of a stage** carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:— (a) the route or routes or the area or areas to which the application relates; (b) the type and seating capacity of each such vehicle; (c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips. _Explanation.—For the purposes of this section, section 72, section 80 and section 102, “trip”_ means a single journey from one point to another, and every return journey shall be deemed to be a separate trip; (d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; (f) such other matters as may be prescribed. (2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. **71. Procedure of Regional Transport Authority in considering application for stage carriage** **permit.— (1) A Regional Transport Authority shall, while considering an application for a stage carriage** permit, have regard to the objects of this Act: 1* - - - (2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened: Provided that before such refusal an opportunity shall be given to the applicant to amend the time table so as to conform to the said provisions. (3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State. 1. Proviso omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 47 ----- (c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b). (d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely:— (i) financial stability of the applicant; (ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from— (i) State transport undertakings; (ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; [1]*** (iii) ex-servicemen; [2][or] 2[(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing consider necessary.] 3* - - - _Explanation.—For the purposes of this section “company” means any body corporate, and includes a_ firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm. **STATE AMENDMENT** **Kerala** _Amendment of section 71.—In section 71 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),_ (hereinafter referred to as the principal Act), in sub-section (4).— (i) for the words “five” and “ten”, the words “ten” and “fifty” shall, respectively, be substituted; (ii) for the words “any company”, the words “any co-operative society or to any company” shall be substituted. [Vide Kerala Act 12 of 1993, sec. 2.] **72. Grant of stage carriage permits.—(1) Subject to the provisions of section 71, a Regional** Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any route or area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicles shall be used only in a specified area, or on a specified route or routes; (ii) that the operation of the stage carriage shall be commenced with effect from a specified date; (iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions; (iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area; (v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify; (vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points; 1. The word “or” omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 2. Ins. by s. 23, ibid. (w.e.f. 14-11-1994). 3. Sub-sections (4) and (5) omitted by s. 23, ibid. (w.e.f. 14-11-1994). 48 ----- (vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons; (viii) the weight and nature of passengers; luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance; (x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used: Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers; (xiii) that fares shall be charged in accordance with the approved fare table; (xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts; (xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner; (xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified; (xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions; (xviii) the conditions subject to which vehicle may be used as a contract carriage; (xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (xxii) that the Regional Transport Authority may, after giving notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions: Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe; (xxiv) any other conditions which may be prescribed. 49 ----- 1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.] **73. Application for contract carriage permit.—An application for a permit in respect of a contract** carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:— (a) the type and seating capacity of the vehicle; (b) the area for which the permit is required; (c) any other particulars which may be prescribed. **74. Grant of contract carriage permit.—(1) Subject to the provisions of sub-section (3), a Regional** Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers; (v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle; (vi) that, in the case of vehicles other than motor cabs, specified rates of hiring not exceeding specified maximum shall be charged; (vii) that, in the case of motor cabs, a special weight of passengers’ luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii) that, in the case of motor cabs, a taximeter shall be fitted and maintained in proper working order, if prescribed; (ix) that the Regional Transport Authority may, after giving, notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused; (xiii) any other conditions which may be prescribed. 1. Ins. by Act 32 of 2019, s. 32 (w.e.f. 1-9-2019). 50 ----- 1[Provided that the Regional Transport Authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the Central Government.] (3) (a) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of contract carriages are fixed under clause (a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely:— (i) financial stability of the applicant; (ii) satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from— (i) the India Tourism Development Corporation; (ii) State Tourism Development Corporations; (iii) State Tourism Departments; (iv) State transport undertakings; (v) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; (vi) ex-servicemen; 1[(vii) self-help groups.] **75. Scheme for renting of motor cabs.—(1) The Central Government may, by notification in the** Official Gazette, make a scheme for the purpose of regulating the business of renting of [2][motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles] for their own use and for matters connected therewith. (2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely:— (a) licensing of operators under the scheme including grant, renewal and revocation of such licences; (b) form of application and form of licences and the particulars to be contained therein; (c) fee to be paid with the application for such licences; (d) the authorities to which the application shall be made; (e) condition subject to which such licences may be granted, renewed or revoked; (f) appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences; (g) conditions subject to which motor cabs may be rented; (h) maintenance of records and inspection of such records; (i) such other matters as may be necessary to carry out the purposes of this section. 1. Ins. by Act 32 of 2019, s. 33 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 24, for “motor cabs to persons desiring to drive the cabs” (w.e.f. 14-11-1994). 51 ----- **76. Application for private service vehicle permit.—(1) A Regional Transport Authority may, on** an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit: Provided that no such permit shall be granted in respect of any area or route not specified in the application. (2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely:— (a) type and seating capacity of the vehicle; (b) the area or the route or routes to which the application relates; (c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and (d) any other particulars which may be prescribed. (3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicle be used only in a specified area or on a specified route or routes; (ii) the maximum number of persons and the maximum weight of luggage that may be carried; (iii) that the Regional Transport Authority may, after giving notice of not less than one month— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (iv) that the conditions of permit shall not be departed from, save with the approval of the Regional Transport Authority; (v) that specified standards of comforts and cleanliness shall be maintained in the vehicle; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, specify; and (vii) such other conditions as may be prescribed. **77. Application for goods carriage permit.—An application for a permit to use a motor vehicle for** the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as may be, contain the following particulars, namely:— (a) the area or the route or routes to which the application relates; (b) the type and capacity of the vehicle; (c) the nature of the goods it is proposed to carry; (d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods; (e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the rates charged by the applicant; (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region; (g) any other particulars which may be prescribed. 52 ----- **78. Consideration of application for goods carriage permit.—A Regional Transport Authority** shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:— (a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life; (b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life. **79. Grant of goods carriage permit.—(1) A Regional Transport Authority may, on an application** made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area or route not specified in the application. (2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicle shall be used only in a specified area or on a specified route or routes; (ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum; (iii) that goods of a specified nature shall not be carried; (iv) that goods shall be carried at specified rates; (v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, prescribe; (vii) that the Regional Transport Authority may, after giving notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (viii) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (ix) any other conditions which may be prescribed. (3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. **80. Procedure in applying for and granting permits.—(1) An application for a permit of any kind** may be made at any time. (2) A [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act: Provided that the [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74: 1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 53 ----- Provided further that where a [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] refuses an application for the grant of a permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter. (3) An application to vary the conditions of any permit, other than a temporary permit, by the inclusion of a new route or routes of a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum or by the variation, extension or curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit: Provided that it shall not be necessary so to treat an application made by the holder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles: Provided further that,— (i) in the case of variation, the termini shall not be altered and the distance covered by the variation shall not exceed twenty-four kilometres; (ii) in the case of extension, the distance covered by extension shall not exceed twenty-four kilometres from the termini, and any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof. (4) A [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid: Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit. (5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective. **81. Duration and renewal of permits.—(1) A permit other than a temporary permit issued under** section 87 or a special permit issued under sub-section (8) of section 88 shall be effective [2][from the date of issuance or renewal thereof] for a period of five years: Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry. (3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely:— 1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 2. Subs. by s. 26, ibid., for “without renewal” (w.e.f. 14-11-1994). 54 ----- (a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application; (b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely:— (i) plying any vehicle— (1) without payment of tax due on such vehicle; (2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle; (3) on any unauthorised route; (ii) making unauthorised trips: Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account: Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant. (5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded. **82. Transfer of permit.—(1) Save as provided in sub-section (2), a permit shall not be transferable** from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. **83. Replacement of vehicles.—The holder of a permit may, with the permission of the authority by** which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. **84. General conditions attaching to all permits.—The following shall be conditions of every** permit— (a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act; 55 ----- (c) that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates; (d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113; (e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f) that the provisions of Chapters X, XI and XII so far as they apply to the holder of the permit are observed; and (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters. **85. General form of permits.—Every permit issued under this Act shall be complete in itself and** shall contain all the necessary particulars of the permit and the conditions attached thereto. **86. Cancellation and suspension of permits.—(1) The transport authority which granted a permit** may cancel the permit or may suspend it for such period as it thinks fit— (a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle covered by the permit, or (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. (2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority. (3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon. (6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority. (7) In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit, may be exercised by any transport authority and any authority or persons to whom power in this 56 ----- behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or persons. **87. Temporary permits.—(1) A Regional Transport Authority and the State Transport Authority** may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily— (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. (2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where— (i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or (ii) as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension: Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended. **88. Validation of permits for use outside region in which granted.—(1) Except as may be** otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other rigion, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned: Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that— (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the 57 ----- effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, [1][grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. 1. Subs. by Act 54 of 1994, s. 27, for “grant a special permit in relation to a vehicle covered” (w.e.f. 14-11-1994). 58 ----- (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 [1][clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 2* - - - (11) The following shall be conditions of every permit granted under sub-section (9), namely:— (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 [1][clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 3* - - - (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. _Explanation.—In this section,—_ (a) “appropriate authority”, in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) “authorisation fee” means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) “national permit” means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application. 1. Subs. by Act 54 of 1994, s. 27 for “and 89” (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 59 ----- **1[88A. Power of Central Government to make schemes for national, multimodal and inter-State** **transport of passengers and goods.—(1) Notwithstanding anything contained in this Act, the Central** Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:— (a) last mile connectivity; (b) rural transport; (c) improving the movement of freight, and logistics; (d) better utilisation of transportation assets; (e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency; (f) the increase in the accessibility and mobility of people; (g) the protection and enhancement of the environment; (h) the promotion of energy conservation; (i) improvement of the quality of life; (j) enhancement of the integration and connectivity of the transportation system, across and between modes of transport; and (k) such other matters as the Central Government may deem fit: Provided that the Central Government may, before taking any action under this sub-section seek concurrence of the State Governments. (2) Notwithstanding anything contained in sub-section (1), two or more States may make schemes for the operation within such States for the inter-State transportation of goods or passengers: Provided that in the event of any repugnancy between the schemes made by the Central Government under sub-section (1) and schemes made by two or more States under this sub-section, the schemes made under sub-section (1) shall prevail.] **89. Appeals.—(1) Any person—** (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under section 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 2[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who isnot below the rank of a 1. Ins. by Act 32 of 2019, s. 34 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 28, for sub-section (2) (w.e.f. 14-11-1994). 60 ----- District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed. _Explanation.—For the removal of doubts, it is hereby declared that when any order is made by the_ State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939),as it stood immediately before the commencement of this Act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal against such order but not against the direction so issued. **90. Revision.—The State Transport Appellate Tribunal may, on an application made to it, call for the** record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Authority Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final: Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order: Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. **91. Restriction of hours of work of drivers.—[1][(1) The hours of work of any person engaged for** operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).] (2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3). (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1). **92. Voidance of contracts restrictive of liability.—Any contract for the conveyance of a passenger** in a [2][transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. 1. Subs. by Act 54 of 1994, s. 29, for sub-section (1) (w.e.f. 14-11-1994). 2. Subs. by Act 32 of 2019, s. 35, for “stage carriage or contract carriage, in respect of which a permit” (w.e.f. 1-9-2019). 61 ----- **93. [1][Agent or canvasser or aggregator to obtain licence.]—(1) No person shall engage himself—** (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or (ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, 2[(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. 2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government: Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 (21 of 2000) and the rules and regulations made there under.] (2) The conditions referred to in sub-section (1) may include all or any of the following matters, namely:— (a) the period for which a licence may be granted or renewed; (b) the fee payable for the issue or renewal of the licence; (c) the deposit of security— (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages; (ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited; (d) the provision by the agent of insurance of goods in transit; (e) the authority by which and the circumstances under which the licence may be suspended or revoked; (f) such other conditions as may be prescribed by the State Government. (3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspapers, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence. **94. Bar on jurisdiction of Civil Courts.—No Civil Court shall have jurisdiction to entertain any** question relating to the grant of a permit [3][or licence issued under any scheme] under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit [3][or licence issued under any scheme], shall be entertained by any Civil Court. **95. Power of State Government to make rules as to stage carriages and contract carriages.—(1)** A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing provision, such rules may— (a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer; (b) require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor; 1. Subs. by Act 32 of 2019, s. 36, for “Agent or canvasser to obtain licence” (w.e.f. 27-11-2020). 2. Ins. by s. 36, ibid. (w.e.f. 27-11-2020). 3. Ins. by Act 32 of 2019, s. 37 (w.e.f. 1-9-2019). 62 ----- (d) require, on demand being made for the purpose by the driver or conductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; (e) require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid; (f) require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him; (g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; (h) require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited; (i) require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same. **96. Power of State Government to make rules for the purposes of this Chapter.—(1) A State** Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:— (i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them; (ii) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; (iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (iv) the forms to be used for the purposes of this Chapter, including the forms of permits; (v) the issue of copies of permits in place of permits lost, destroyed or multilated; (vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; (vii) the fees to be paid in respect of applications for permits, duplicate permits and plates; (viii) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter; (ix) the custody, production and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled; (x) the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature; (xi) the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature; (xii) the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67; (xiii) the authorities to whom, the time within which and the manner in which appeals may be made; (xiv) the construction and fittings of, and the equipment to be carried by, stage and contract carriage, whether generally or in specified areas; 63 ----- (xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried; (xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (xvii) the safe custody and disposal of property left in a stage or contract carriage; (xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriage; if used for such purposes; (xx) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining testing and sealing taxi meters; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; (xxiii) the regulation of motor cab ranks; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (xxvii) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried; (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages; (xxx) the inspection of transport vehicles and their contents and of the permits relating to them; (xxxi) the carriage of persons other than the driver in goods carriages; (xxxii) the records to be maintained and the returns to be furnished by the owners of transport vehicles; and 1[(xxxiia) framing of schemes under sub-section (3) of section 67; (xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;] (xxxiii) any other matter which is to be or may be prescribed. 1. Ins. by Act 32 of 2019, s. 38 (w.e.f. 1-9-2019). 64 ----- CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS **97. Definition.—In this Chapter, unless the context otherwise requires, “road transport service”** means a service of motor vehicles carrying passengers or goods or both by road for hire or reward. **98. Chapter to override Chapter V and other laws.—The provisions of this Chapter and the rules** and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law. **99. Preparation and publication of proposal regarding road transport service of a State** **transport undertaking.—[1][(1)]Where any State Government is of opinion that for the purpose of** providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. 2[(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue of till the date of final publication of the scheme under section 100, whichever is earlier.] **100. Objection to the proposal.—(1) On the publication of any proposal regarding a scheme in the** Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. (3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route: Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed. 1. Section 99 renumbered as sub-section (1) thereof by Act of 54 of 1994, s. 30 (w.e.f. 14-11-1994). 2. Ins. by s. 30, ibid. (w.e.f. 14-11-1994). 65 ----- _Explanation.—In computing the period of one year referred to in this sub-section, any period or_ periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any court shall be excluded. **101. Operation of additional services by a State transport undertaking in certain** **circumstances.—Notwithstanding anything contained in section 87, a State transport undertaking may, in** the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings: Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay. **102. Cancellation or modification of scheme.—(1) The State Government may, at any time, if it** considers necessary, in the public interest so to do, modify any approved scheme after giving— (i) the State transport undertaking; and (ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification. (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government. **103. Issue of permits to State transport undertakings.—(1) Where, in pursuance of an approved** scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,— (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending; (b) cancel any existing permit; (c) modify the terms of any existing permit so as to— (i) render the permit ineffective beyond a specified date; (ii) reduce the number of vehicles authorised to be used under the permit; (iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2). **STATE AMENDMENTS** **Karnataka** **Amendment of section 103.—In section 103 of the Motor Vehicles Act, 1988 (Central Act 59 of** 1988), after sub-section (1), the following shall be inserted, namely:— “(1A) It shall be lawful for the State Transport undertaking to operate on any route as stage carriage under any permit issued therefor to such undertaking under sub-section (1), any vehicle placed at the disposal and under the control of such undertaking by the owner of such vehicle under any arrangement entered into between such owner and the undertaking for the use of the said vehicle by the undertaking.] [Vide Karnataka Act 11 of 1996, sec. 2]. 66 ----- **104. Restriction on grant of permits in respect of a notified area or notified route.—Where a** scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme: Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route. **105. Principles and method of determining compensation and payment thereof.—(1) Where, in** exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be. (2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit. (3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103. (4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payableto the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows:— (a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees; (b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees: Provided that the amount of compensation shall, in no case, be less than four hundred rupees. (5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely:— YA R _Explanation.—In this formula,—_ (i) “Y” means the length or area by which the route or area covered by the permit is curtailed; (ii) “A” means the amount computed in accordance with sub-section (4); (iii) “R” means the total length of the route or the total area covered by the permit. (6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective: Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven per cent. per annum from the date on which it falls due. **106. Disposal of article found in vehicles.—Where any article found in any transport vehicle** operated by the State transport undertaking is not claimed by its owner within the prescribed period, the 67 ----- State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand. **107. Power of State Government to make rules.—(1) The State Government may make rules for** the purpose of carrying into effect the provisions of this Chapter. (2) Inparticular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form in which any proposal regarding a scheme may be published under section 99; (b) the manner in which objections may be filed under sub-section (1) of section 100; (c) the manner in which objections may be considered and disposed of under sub-section (2) of section 100; (d) the form in which any approved scheme may be published under sub-section (3) of section 100; (e) the manner in which application under sub-section (1) of section 103 may be made; (f) the period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale of such article; (g) the manner of service of orders under this Chapter; (h) any other matter which has to be, or may be, prescribed. **108. Certain powers of State Government exercisable by the Central Government.—The powers** conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area. CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES **109. General provision regarding construction and maintenance of vehicles.—(1) Every motor** vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1[(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.] **110. Power of Central Government to make rules.—(1) The Central Government may make rules** regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:— (a) the width, height, length and overhang of vehicles and of the loads carried; 2[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; 1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994). 2. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994). 68 ----- (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standards for emission of air pollutants; 1[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances. (3) Notwithstanding anything contained in this section,— (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government. **111. Power of State Government to make rules.—(1) A State Government may make rules** regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:— (a) seating arrangements in public service vehicles and the protection of passengers against the weather; (b) prohibiting or restricting the use of audible signals at certain times or in certain places; (c) prohibiting the carrying of appliances likely to cause annoyance or danger; (d) the periodical testing and inspection of vehicles by prescribed authorities[2][and fees to be charged for such test]; (e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; (f) the use of trailers with motor vehicles; and 3* - - - 1. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). 2. Ins. by s. 33, ibid. (w.e.f. 14-11-1994). 3. Clause (g) omitted by s. 33, ibid. (w.e.f. 14-11-1994). 69 ----- CHAPTER VIII CONTROL OF TRAFFIC **112. Limits of speed.—(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to** be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette. (2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938). **113. Limits of weight and limitations on use.—(1) The State Government may prescribe the** conditions for the issue of permits for [1][transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer— (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer. **114. Power to have vehicle weighed.—(1) [2][Any officer of the Motor Vehicles Department [3][or any** other person authorised in this behalf by the State Government] shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions. 1. Subs. by Act 54 of 1994, s. 34, for “heavy goods vehicles or heavy passenger motor vehicles” (w.e.f. 14-11-1994). 2. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 41, for “authorised in this behalf by the State Government” (w.e.f. 1-9-2019). 70 ----- (2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit. **115. Power to restrict the use of vehicles.—The State Government or any authority authorised in** this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction. **116. Power to erect traffic signs.—(1) (a) The State Government or any authority authorised in this** behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic. (b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government. 1[(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver: Provided that for the purposes of this sub-section, the National Highway Authority of India or any other agency authorised by the Central Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.] (2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Schedule. (3) Except as provided by sub-section (1) [1][or sub-section (1A)], no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1). (4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver. 1. Ins. by Act 32 of 2019, s. 42 (w.e.f. 1-9-2019). 71 ----- (5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence. (7) For the purpose of bringing the signs set forth in [1][the First Schedule] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification,[1][the First Schedule] shall be deemed to be amended accordingly. **117. Parking places and halting stations.—The State Government or any authority authorised in** this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. 2[Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may also determine such places.] **118. Driving regulations.—The Central Government may, by notification in the Official Gazette,** make regulations for the driving of motor vehicles. **119. Duty to obey traffic signs.—(1) Every driver of a motor vehicle shall drive the vehicle in** conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section “mandatory traffic sign” means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116. **120. Vehicles with left hand control.—No person shall drive or cause or allow to be driven in any** public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order. **121. Signals and signalling devices.—The driver of a motor vehicle shall make such signals and on** such occasions as may be prescribed by the Central Government: Provided that the signal of an intention to turn to the right or left or to stop— (a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and (b) in the case of a motor vehicle with a left-hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle: Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route. 1. Subs. by Act 54 of 1994, s. 36, for “the Schedule” (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 43 (w.e.f. 1-9-2019). 72 ----- **122. Leaving vehicle in dangerous position.—No person in charge of a motor vehicle shall cause or** allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers. **123. Riding on running board, etc.—(1) No person driving or in charge of a motor vehicle shall** carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle. (2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. **124. Prohibition against travelling without pass or ticket.—No person shall enter or remain in any** stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. _Explanation.—In this section,—_ (a) “pass” means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein; (b) “ticket” includes a single ticket, a return ticket or a season ticket. **125. Obstruction of driver.—No person driving a motor vehicle shall allow any person to stand or** sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle. **126. Stationary vehicles.—No person driving or in charge of a motor vehicle shall cause or allow the** vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. **127. Removal of motor vehicles abandoned or left unattended on a public place.—[1][(1) Where** any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the [2][public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the[ 2][public place] by a towing service may be authorised by a police officer having jurisdiction. (3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty. **128. Safety measures for drivers and pillion riders.—(1) No driver of a two-wheeled motorcycle** shall carry more than one person in addition to himself on the motorcycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motorcycle behind the driver’s seat with appropriate safety measures. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motorcycles and pillion riders thereon. **129. Wearing of protective headgear.—Every person driving or riding (otherwise than in a side car,** on a motor cycle of any class or description) shall, while in a public place, wear [3][protective headgear conforming to the standards of Bureau of Indian Standards]: 1. Subs. by Act 54 of 1994, s. 37, for sub-section (1) (w.e.f. 14-11-1994). 2. Subs. by s. 37, ibid., for “highway” (w.e.f. 14-11-1994). 3. Subs. by, s. 38, ibid., for certain words (w.e.f. 14-11-1994). 73 ----- Provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban: Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. _Explanation.—“Protective headgear” means a helmet which,—_ (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear. **130. Duty to produce licence and certificate of registration.—(1) The driver of a motor vehicle in** any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 1[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 2[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. _Explanation.—For the purposes of this sub-section, "certificate of insurance" means the certificate_ issued under sub-section (3) of section 147.] (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle. **131. Duty of the driver to take certain precautions at unguarded railway level crossing.—Every** driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed. **132. Duty of driver to stop in certain cases.—(1) The driver of a motor vehicle shall cause the** vehicle to stop and remain stationary so long as [3][may for such reasonable time as may be necessary, but not exceeding twenty-four hours]— 4[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or] 1. Subs. by Act 54 of 1994, s. 39, for sub-section (2) (w.e.f. 14-11-1994). 2. Subs. by s. 39, ibid., for sub-section (3) (w.e.f. 14-11-1994). 3. Subs. by s. 40, ibid., for “may reasonably be necessary” (w.e.f. 14-11-1994). 4. Subs. by s. 40, ibid., for clause (a) (w.e.f. 14-11-1994). 74 ----- (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or 1* - - - and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his name and address to that person. (3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat. **133. Duty of owner of motor vehicle to give information.—The owner of a motor vehicle, the** driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him. **134. Duty of driver in case of accident and injury to a person.—When any person is injured or any** property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall— (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, [2][by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. 3[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:— (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. _Explanation.—For the purposes of this section, the expression “driver” includes the owner of the_ vehicle.] 4[134A. Protection of Good Samaritans. —(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. _Explanation.—For the purposes of this section, “Good Samaritan” means a person, who in good faith,_ voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.] 1. Clause (c) omitted by Act 54 of 1994, s. 40, (w.e.f. 14-11-1994). 2. Subs. by s. 41, ibid., for “and if necessary, convey him to the nearest hospital” (w.e.f. 14-11-1994). 3. Ins. by s. 41, ibid. (w.e.f. 14-11-1994). 4. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1-10-2020) 75 ----- **135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc.—** (1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for— (a) an in depth study on causes and analysis of motor vehicle accidents; (b)wayside amenities on highways; (c) traffic aid posts on highways; [1]*** (d) truck parking complexes along [2][highways; and]. 3[(e) any other amenities in the interests of the safety and the convenience of the public.] (2) Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature. 3[(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents.] **136. Inspection of vehicle involved in accident.—When any accident occurs in which a motor** vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned [4][after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours]. **137. Power of Central Government to make rules.—The Central Government may make rules to** provide for all or any of the following matters, namely:— (a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; 5[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the police officer under section 130. 5[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.] **138. Power of State Government to make rules.—(1) The State Government may make rules for** the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 6[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for— 1. The word “and” omitted by Act 32 of 2019, s. 46 (w.e.f. 1-9-2019). 2. Subs. by s. 46, ibid., for “highways” (w.e.f. 1-9-2019). 3. Ins. by s. 46, ibid. (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 42, for “without unnecessary delay” (w.e.f. 14-11-1994). 5. Ins. by Act 32 of 2019, s. 48 (w.e.f. 1-9-2019). 6. Ins. by s. 49, ibid. (w.e.f. 1-9-2019). 76 ----- (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or may be, prescribed. CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA **139. Power of Central Government to make rules.—(1) The Central Government may, by** notification in the Official Gazette, make rules for all or any of the following purposes, namely:— (a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India; (b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India. (2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of the following matters, namely:— (a) the conditions subject to which motor vehicles carrying on such services may be brought into India from outside India and possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any place in India to any place outside India; (c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India; (d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors of such motor vehicles; (e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited; (f) the use of trailers with such motor vehicles; 77 ----- (g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act [other than those referred to in sub-section (4)] or the rules made thereunder; (h) the identification of the drivers and conductors of such motor vehicles; (i) the replacement of the travelling passes, certificates or authorisations, permits, licences or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed; (j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services; (k) any other matter which is to be, or may be, prescribed. (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. (4) Nothing in this Act or in any rule made thereunder by a State Government relating to:— (a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and the qualifications of drivers and conductors of motor vehicles, shall apply— (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply. CHAPTER X LIABILITY WITHOUT FAULT IN CERTAINCASES **140. Liability to pay compensation in certain cases on the principle of no fault.—(1) Where death** or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of [1][fifty thousand rupees] and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of 2[twenty-five thousand rupees]. (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. 3[(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force: 1. Subs. by Act 54 of 1994, s. 43, for “twenty-five thousand rupees” (w.e.f. 14-11-1994). 2. Subs. by s. 43, ibid., for “twelve thousand rupees” (w.e.f. 14-11-1994). 3. Ins. by s. 43, ibid. (w.e.f. 14-11-1994). 78 ----- Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163A.] **141. Provisions as to other right to claim compensation for death or permanent disablement.—** (1) The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to [1][any other right, except the right to claim under the scheme referred to in section 163A (such other right hereafter] in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this Act or of any other law for the time being in force. (2) A claim for compensation under section 140 in respect of death or permanent disablement of any person shall be disposed of as expeditiously as possible and where compensation is claimed in respect of such death or permanent disablement under section 140 and also in pursuance of any right on the principle of fault, the claim for compensation under section 140 shall be disposed of as aforesaid in the first place. (3) Notwithstanding anything contained in sub-section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first-mentioned compensation and— (a) if the amount of the first-mentioned compensation is less than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first-mentioned compensation; (b) if the amount of the first-mentioned compensation is equal to or more than the amount of the second-mentioned compensation, he shall not be liable to pay the second-mentioned compensation. **142. Permanent disablement.—For the purposes of this Chapter, permanent disablement of a person** shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving— (a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or (b) destruction or permanent impairing of the powers of any member or joint; or (c) permanent disfiguration of the head or face. **143. Applicability of Chapter to certain claims under Act 8 of 1923.—The provisions of this** Chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the Workmen’s Compensation Act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that Act. **144. Overriding effect.—The provisions of this Chapter shall have effect notwithstanding anything** contained in any other provision of this Act or of any other law for the time being in force. CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS **145. Definitions.—In this Chapter,—** (a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972(57 of 1972)and any Government insurance fund authorised to do general insurance business under that Act; (b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and includes a cover note complying with such requirements as may be 1. Subs. by Act 54 of 1994, s. 44, for “any other right (hereafter” (w.e.f. 14-11-1994). 79 ----- prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) “liability”, wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140; (d) “policy of insurance” includes “certificate of insurance”; (e) “property” includes goods carried in the motor vehicle, roads, bridges, culverts, causeways, trees, posts and mile-stones; (f) “reciprocating country” means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Chapter; (g) “third party” includes the Government. **146. Necessity for insurance against third party risk.—(1) No person shall use, except as a** passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter: 1[Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991).] _Explanation.—A person driving a motor vehicle merely as a paid employee, while there is in force in_ relation to the use of the vehicle no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. (2) Sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise. (3) The appropriate Government may, by order, exempt from the operation of sub-section (1) any vehicle owned by any of the following authorities, namely:— (a) the Central Government or a State Government, if the vehicle is used for Government purposes connected with any commercial enterprise; (b) any local authority; (c) any State transport undertaking: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties. _Explanation.—For the purposes of this sub-section, “appropriate Government” means the Central_ Government or a State Government, as the case may be, and— (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government; (ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government; (iii) in relation to any other State transport undertaking or any local authority, means that Government which has control over that undertaking or authority. 1. Ins. by Act 54 of 1994, s. 45 (w.e.f. 14-11-1994). 80 ----- **147. Requirements of policies and limits of liability.—(1) In order to comply with the requirements** of this Chapter, a policy of insurance must be a policy which— (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)— (i) against any liability which may be incurred by him in respect of the death of or bodily 1[injury to any person, including owner of the goods or his authorised representative carried in the vehicle]or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place: Provided that a policy shall not be required— (i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen’s Compensation Act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee— (a) engaged in driving the vehicle, or (b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods carriage, being carried in the vehicle, or (ii) to cover any contractual liability. _Explanation.—For the removal of doubts, it is hereby declared that the death of or bodily injury to_ any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely:— (a) save as provided in clause (b), the amount of liability incurred; (b) in respect of damage to any property of a third party, a limit of rupees six thousand: Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier. (3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) Where a cover note issued by the insurer under the provisions of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe. 1. Subs. by Act 54 of 1994, s. 46, for “injury to any person” (w.e.f. 14-11-1994). 81 ----- (5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons. **148. Validity of policies of insurance issued in reciprocating countries.—Where, in pursuance of** an arrangement between India and any reciprocating country, any motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164, such policy of insurance shall be effective throughout the route or area in respect of which, the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter. **149. Duty of insurers to satisfy judgments and awards against persons insured in respect of** **third party risks.—(1) If, after a certificate of insurance has been issued under sub-section (3) of** section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy)[1][or under the provisions of section 163A] is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the Court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:— (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:— (i) a condition excluding the use of the vehicle— (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgment as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of 1. Ins. by Act 54 of 1994, s. 47 (w.e.f. 14-11-1994). 82 ----- the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a Court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2). (4) Where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause (b) of sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect: Provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person. (5) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person. (6) In this section the expressions “material fact” and “material particular” means, respectively a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so at what premium and on what conditions, and the expression “liability covered by the terms of the policy” means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy. (7) No insurer to whom the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be. _Explanation.—For the purpose of this section, “Claims Tribunal” means a Claims Tribunal_ constituted under section 165 and “award” means an award made by that Tribunal under section 168. **150. Rights of third parties against insurers on insolvency of the insured.—(1) Where under any** contract of insurance effected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third parties, then— (a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors, or (b) where the insured person is a company, in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to the company or of a receiver or manager of the company’s business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a 83 ----- liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor’s rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting either directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect. (4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but— (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess, and (b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance. **151. Duty to give information as to insurance.—(1) No person against whom a claim is made in** respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall on demand by or on behalf of the person making the claim refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof. (2) In the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or of a receiver or manager of the company’s business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give at the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provisions of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 150, and for the purpose of enforcing such right, if any; and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned. (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken. **152. Settlement between insurers and insured persons.—(1) No settlement made by an insurer in** respect of any claim which might be made by a third party in respect of any liability of the nature referred 84 ----- to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement. (2) Where a person who is insured under a policy issued for the purposes of this Chapter has become insolvent, or where, if such insured person is a company, a winding up order has been made or a resolution for a voluntary winding up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. **153. Saving in respect of sections 150, 151 and 152.—(1) For the purposes of sections 150, 151 and** 152 a reference to “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 150, 151 and 152 shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. **154. Insolvency of insured persons not to affect liability of insured or claims by third parties.—** Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub-section (1) or sub-section (2) of section 150 shall, notwithstanding anything contained in this Chapter, not affect any liability of that person of the nature referred to in clause (b) of sub-section (1) of section 147; but nothing in this section shall affect any rights against the insurer conferred under the provisions of sections 150, 151 and 152 on the person to whom the liability was incurred. **155. Effect of death on certain causes of action.—Notwithstanding anything contained in** section 306 of the Indian Succession Act, 1925 (39 of 1925), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. **156. Effect of certificate of insurance.—When an insurer has issued a certificate of insurance in** respect of a contract of insurance between the insurer and the insured person, then— (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. **157. Transfer of certificate of insurance.—(1) Where a person in whose favour the certificate of** insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. 1[Explanation.—For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.] 1. Ins. by Act 54 of 1994, s. 48 (w.e.f. 14-11-1994). 85 ----- (2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance. **158. Production of certain certificates, licence and permit in certain cases.—(1) Any person** driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce— (a) the certificate of insurance; (b) the certificate of registration; (c) the driving licence; and (d) in the case of a transport vehicle, also the certificate of fitness referred to in section 56 and the permit, relating to the use of the vehicle. (2) If, where owing to the presence of a motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificates, driving licence and permit referred to in sub-section (1) to a police officer, he shall produce the said certificates, licence and permit at the police station at which he makes the report required by section 134. (3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer in charge of the police station at which he reported the accident: Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance. (5) In this section, the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146. 1[(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.] **159. Production of certificate of Insurance on application for authority to use vehicle.—A State** Government may make rules requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those rules to the effect that either— (a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or 1. Subs. by Act 54 of 1994, s. 49, for sub-section (6) (w.e.f. 14-11-1994). 86 ----- (b) the vehicle is a vehicle to which section 146 does not apply. **160. Duty to furnish particulars of vehicle involved in accident.—A registering authority or the** officer in charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe. **161. Special provisions as to compensation in case of hit and run motor accident.—(1) For the** purposes of this section, section 162 and section 163— (a) “grievous hurt” shall have the same meaning as in the Indian Penal Code (45 of 1860); (b) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (c) “scheme” means the scheme framed under section 163. (2) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the General Insurance Corporation of India formed under section 9 of the said Act and the insurance companies for the time being carrying on general insurance business in India shall provide for paying in accordance with the provisions of this Act and the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents. (3) Subject to the provisions of this Act and the scheme, there shall be paid as compensation— (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of [1][twenty-five thousand rupees]; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of [2][twelve thousand and five hundred rupees]. (4) The provisions of sub-section (1) of section 166 shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-section. **162. Refund in certain cases of compensation paid under section 161.—(1) The payment of** compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law or otherwise so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161 shall be refunded to the insurer. (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle or motor vehicles under any provision of this Act (other than section 161) or any other law, the tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such tribunal, court or other authority shall,— 1. Subs. by Act 54 of 1994, s. 50, for “eight thousand and five hundred rupees” (w.e.f. 14-11-1994). 2. Subs. by s. 50, ibid., for “two thousand rupees” (w.e.f. 14-11-1994). 87 ----- (a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1); (b) if an application for payment of compensation is pending under section 161 forward the particulars as to the compensation awarded by it to the insurer. _Explanation.—For the purposes of this sub-section, an application for compensation under section_ 161 shall be deemed to be pending— (i) if such application has been rejected, till the date of the rejection of the application, and (ii) in any other case, till the date of payment of compensation in pursuance of the application. **163. Scheme for payment of compensation in case of hit and run motor accidents.—(1) The** Central Government may, by notification in the Official Gazette, make a scheme specifying, the manner in which the scheme shall be administered by the General Insurance Corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation. (2) A scheme made under sub-section (1) may provide that— (a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both; (b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the Central Government, by such officer or authority to any other officer or authority; (c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium Fund under the Motor Vehicles Act, 1939 (4 of 1939), as it stood immediately before the commencement of this Act: Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision. **1[163A. Special provisions as to payment of compensation on structured formula basis.—** # (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be. _Explanation.—For the purposes of this sub-section, “permanent disability” shall have the same_ meaning and extent as in the Workmen’s Compensation Act, 1923 (8 of 1923). (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule. **163B. Option to file claim in certain cases.— Where a person is entitled to claim compensation** under section 140 and section 163A, he shall file the claim under either of the said sections and not under both.] 1. Ins. by Act 54 of 1994, s. 51 (w.e.f. 14-11-1994). 88 ----- **164. Power of Central Government to make rules.—(1) The Central Government may make rules** for the purpose of carrying into effect the provisions of this Chapter, other than the matters specified in section 159. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the forms to be used for the purposes of this Chapter; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; (d) the custody, production, cancellation and surrender of certificates of insurance; (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter; (g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications; (i) the form in which and the time limit within which the particulars referred to in section 160 may be furnished; and (j) any other matter which is to be, or may be, prescribed. CHAPTER XII CLAIMS TRIBUNALS **165. Claims Tribunals.—(1) A State Government may, by notification in the Official Gazette,** constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. _Explanation.—For the removal of doubts, it is hereby declared that the expression “claims for_ compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140[1][and section 163A]. (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he— (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a Judge of a High Court[1][or as a District Judge]. (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them. **166. Application for compensation.—(1) An application for compensation arising out of an accident** of the nature specified in sub-section (1) of section 165 may be made— (a) by the person who has sustained the injury; or (b) by the owner of the property; or 1. Added by Act 54 of 1994, s. 52 (w.e.f. 14-11-1994). 89 ----- (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. 1[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.] 2* - - - 3[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act.] **167. Option regarding claims for compensation in certain cases.—Notwithstanding anything** contained in the Workmen’s Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both. **168. Award of the Claims Tribunal.—(1) On receipt of an application for compensation made** under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X. (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. **169. Procedure and powers of Claims Tribunals.—(1) In holding any inquiry under section 168,** the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit. 1. Subs. by Act 54 of 1994, s. 53, for sub-section (2) (w.e.f. 14-11-1994). 2. Sub-section (3) omitted by s. 53, ibid. (w.e.f. 14-11-1994). 3. Subs. by s. 53, ibid., for sub-section (4) (w.e.f. 14-11-1994). 90 ----- (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. **170. Impleading insurer in certain cases.—Where in the course of any inquiry, the Claims Tribunal** is satisfied that— (a) there is collusion between the person making the claim and the person against whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. **171. Award of interest where any claim is allowed.—Where any Claims Tribunal allows a claim** for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. **172. Award of compensatory costs in certain cases.—(1) Any Claims Tribunal adjudicating upon** any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that— (a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence, such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward. (2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees. (3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as is referred to in sub-section (1). (4) Any amount awarded by way of compensation under this section in respect of any mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence. **173. Appeals.—(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of** a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees. 91 ----- **174. Recovery of money from insurer as arrear of land revenue.—Where any amount is due from** any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue. **175. Bar on jurisdiction of Civil Courts.—Where any Claims Tribunal has been constituted for any** area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court. **176. Power of State Government to make rules.—A State Government may make rules for the** purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:— (a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed. CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE **177. General provision for punishment of offences.—Whoever contravenes any provision of this** Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to [1][five hundred rupees], and for any second or subsequent offence with fine which may extend to [2][one thousand and five hundred rupees]. 3[177A. Penalty for contravention of regulations under section 118.—Whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.] **178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of** **conductor and refusal to ply contract carriage, etc.—(1) Whoever travels in a stage carriage without** having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees. _Explanation.—In this section, “pass” and “ticket” have the meanings respectively assigned to them in_ section 124. (2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is— (a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,— (i) fails or refuses to accept the fare when tendered, or (ii) fails or refuses to supply a ticket, or (iii)supplies an invalid ticket, or 1. Subs. by Act 32 of 2019, s. 58, for “one hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 58, ibid., for “three hundred rupees” (w.e.f. 1-9-2019). 3. Ins. by s. 59, ibid. (w.e.f. 1-9-2019). 92 ----- (iv) supplies a ticket of a lesser value, or (b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,— (a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which may extend to [1][five hundred rupees]. **179. Disobedience of orders, obstruction and refusal of information.—(1) Whoever wilfully** disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to [2][two thousand rupees]. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knownto be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to [2][two thousand rupees], or with both. **180. Allowing unauthorised persons to drive vehicles.—Whenever, being the owner or person in** charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine [3][of five thousand rupees], or with both. **181. Driving vehicles in contravention of section 3 or section 4.—Whoever, drives a motor vehicle** in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine [4][of five thousand rupees], or with both. **182. Offences relating to licences.—(1) Whoever, being disqualified under this Act for holding or** obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine [5][of ten thousand rupees] or with both, and any driving incence so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held by him, shall be punishable with improsonment for a term which may extend to one month, or with fine which may extend to [6][ten thousand rupees], or with both, and any conductor’s licence so obtained by him shall be of no effect. **7[182A. Punishment for offences relating to construction, maintenance, sale and alteration of** **motor vehicles and components.—(1) Whoever, being a manufacturer, importer or dealer of motor** vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in 1. Subs. by Act 32 of 2019, s. 60, for “two hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 61, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 62, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 63, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 5. Subs. by s. 64, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 6. Subs. by s. 64, ibid., for “one hundred rupees” (w.e.f. 1-9-2019). 7. Subs. by s. 65, ibid., for section 182A (w.e.f. 1-9-2019). 93 ----- contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both: Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder. (2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both. (3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both. (4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both. **182B. Punishment for contravention of section 62A.—Whoever contravenes the provisions of** section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.] **183. Driving at excessive speed, etc.—(1) Whoever, drives[1][or causes any person who is employed** by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable [2][in the following manner, namely:— (i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 3* - - - (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical [4][or electronic] device. (4) The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be _prima facie evidence_ that the person who published the time table or gave the direction has committed an offence punishable under [5][sub-section (1)]. 1. Ins. by Act 32 of 2019, s. 66 (w.e.f. 1-9-2019). 2. Subs. by s. 66, ibid., for the certain words (w.e.f. 1-9-2019). 3. Sub-section (2) omitted by s. 66, ibid. (w.e.f. 1-9-2019). 4. Ins. by s. 66, ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 66, ibid., for “sub-section (2)” (w.e.f. 1-9-2019). 94 ----- **186. Driving when mentally or physically unfit to drive.—Whoever drives a motor vehicle in any** public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to [1][one thousand rupees] and for a second or subsequent offence with fine which may extend to [2][two thousand rupees]. **187. Punishment for offences relating to accident.—Whoever fails to comply with the provisions** of clause [3][(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with imprisonment for a term which may extend to [4][six months], or with fine [5][of five thousand rupees], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to [6][one year], or with fine 7[of ten thousand rupees], or with both. **188. Punishment for abetment of certain offences.—Whoever abets the commission of an offence** under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence. **189. Racing and trials of speed.—Whoever without the written consent of the State Government** permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to [8][three months], or with fine [9][of five thousand rupees], or with both [10][and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.] **190. Using vehicle in unsafe condition.—(1) Any person who drives or causes or allows to be driven** in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine [11][of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine [12][of five thousand rupees], or with both[13][and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property]. (2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with [14][imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with [15][imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both]. (3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence [16][with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with 1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019). 4. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019). 5. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 6. Subs. by s. 70, ibid., for “six months” (w.e.f. 1-9-2019). 7. Subs. by s. 70, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 8. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019). 9. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 10. Ins. by s. 71, ibid. (w.e.f. 1-9-2019). 11. Subs. by s. 72, ibid., for “which may extend to two hundred and fifty rupees” (w.e.f. 1-9-2019). 12. Subs. by s. 72, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 13. Ins. by s. 72, ibid. (w.e.f. 1-9-2019). 14. Subs. by s. 72, ibid., for “a fine of one thousand rupees” (w.e.f. 1-9-2019). 15. Subs. by s. 72, ibid., for “a fine of two thousand rupees” (w.e.f. 1-9-2019). 16. Subs. by s. 72, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 95 ----- imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine [1][of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both. [191. Sale of vehicle in or alteration of vehicle to condition contravening this Act.]—Omitted by Act _The Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 73 (w.e.f. 1-9-2019)._ **2[192. Using vehicle without registration.—(1) Whoever drives a motor vehicle or causes or allows** a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may, for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 3[Explanation.—Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).] **192A. Using vehicle without permit—(1) Whoever drives a motor vehicle or causes or allows a** motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with[4][imprisonment for a term which may extend to six months and] a fine [5][of ten thousand rupees] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than [6][six months] or with fine [7][of ten thousand rupees] or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.] **193. Punishment of agents and canvassers without proper authority.—Whoever engages himself** as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine [8][of one thousand rupees] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine [9][of two thousand rupees], or with both. 1. Subs. by Act 32 of 2019, s. 72, for “which may extend to five thousand rupees” (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 56, for section 192 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 74 (w.e.f. 1-10-2020). 4. Ins. by Act 32 of 2019, s. 75. (w.e.f. 1-9-2019). 5. Subs. by s. 75, _ibid., for, “which may extend to five thousand rupees but shall not be less than two thousand rupees”_ (w.e.f. 1-9-2019). 6. Subs. by s. 75, ibid., for “three months” (w.e.f. 1-9-2019). 7. Subs. by s. 75, _ibid., for “which may extend to ten thousand rupees but shall not be less than five thousand rupees”_ (w.e.f. 1-9-2019). 7. Subs. by s. 77, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 8. Subs. by s. 77, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 96 ----- **194. Driving vehicle exceeding permissible weight.—[1][(1) Whoever drives a motor vehicle or** causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with [2]*** fine [3][of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.] 4[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 4[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.] (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine [5][of forty thousand rupees]. **6[194A. Carriage of excess passengers.—Whoever drives a transport vehicle or causes or allows a** transport vehicle to be driven while carrying more passengers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger: Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers. **194B. Use of safety belts and the seating of children.—(1) Whoever drives a motor vehicle without** wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees: Provided that the State Government, may by notification in the Official Gazette, exclude the application of this sub-section to transport vehicles to carry standing passengers or other specified classes of transport vehicles. (2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees. **194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders.—** Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. 1. Subs. by Act 54 of 1994, s. 57, for sub-section (1) (w.e.f. 14-11-1994). 2. The word “minimum” omitted by Act 32 of 2019, s. 78 (w.e.f. 1-9-2019). 3. Subs. by s. 78, ibid., for “of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load” (w.e.f. 1-9-2019). 4. Ins. by s. 78. ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 78, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 6. Ins. by s. 79, ibid. (w.e.f. 1-9-2019). 97 ----- **194D. Penalty for not wearing protective headgear.—Whoever drives a motor cycle or causes or** allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. **194E. Failure to allow free passage to emergency vehicles.—Whoever while driving a motor** vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance or other emergency vehicle as may be specified by the State Government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with both. **194F. Use of horns and silence zones.—Whoever—** (a) while driving a motor vehicle— (i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or (ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.] **195.[Imposition of minimum fine under certain circumstances.]—Omitted by Act The Motor Vehicles** _(Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f. 1-9-2019)._ **196. Driving uninsured vehicle.—Whoever drives a motor vehicle or causes or allows a motor** vehicle to be driven in contravention of the provisions of section 146 shall be punishable [1][for the first offence] with imprisonment which may extend to three months, or with fine [2][of two thousand rupees], or with both [1][, and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both.] **197. Taking vehicle without authority.—(1) Whoever takes and drives away any motor vehicle** without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine [3][of five thousand rupees], or with both. Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor. (2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine [3][of five thousand rupees], or with both. (3) Whoever attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may be, sub-section (2). **198. Unauthorised interference with vehicle.—Whoever otherwise than with lawful authority or** reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable [4][with fine of one thousand rupees]. **5[198A. Failure to comply with standards for road design, construction and maintenance.—(1)** Any designated authority, contractor, consultant or concessionaire responsible for the design or 1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1-9-2019). 2. Subs. by s. 81, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 82, ibid., for "which may extend to five hundred rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019). 5. Ins. by s. 84, ibid. (w.e.f. 1-9-2019). 98 ----- construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time. (2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B. (3) For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:— (a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road; (b) the standard of maintenance norms applicable for a road of that character and use by such traffic; (c) the state of repair in which road users would have expected to find the road; (d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users; (e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose; (f) whether adequate warning notices through road signs, of its condition had been displayed; and (g) such other matters as may be prescribed by the Central Government. _Explanation.—For the purposes of this section, the term “contractor” shall include sub-contractors_ and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.] **199. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **1[199A. Offences by juveniles.—(1) Where an offence under this Act has been committed by a** juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: 1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1-9-2019). 99 ----- Provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. _Explanation.—For the purposes of this section, the Court shall presume that the use of the motor_ vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be. (2) In addition to the penalty under sub-section (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees. (3) The provisions of sub-section (1) and sub-section (2) shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner's licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate. (4) Where an offence under this Act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of twelve months. (5) Where an offence under this Act has been committed by a juvenile, then, notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or a learner's licence under section 8 until such juvenile has attained the age of twenty-five years. (6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be punishable with such fines as provided in the Act while any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 2000 (56 of 2000). **199B. Revision of fines.—The fines as provided in this Act shall be increased by such amount not** exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year from the date of commencement of the Motor Vehicles (Amendment) Act, 2019 (32 of 2018), as may be notified by the Central Government.] **200. Composition of certain offences.—(1) Any offence whether committed before or after the** commencement of this Act [1][punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198,] may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf: 2[Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.] (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence: _2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be_ a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed: Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable.] **201. Penalty for causing obstruction to free flow of traffic.—(1) Whoever keeps a [3]*** vehicle on** any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to [4][five hundred rupees], so long as it remains in that position: 1. Subs. by Act 32 of 2019, s. 86, for certain words, figures and brackets (w.e.f. 1-9-2019). 2. Ins. by s. 86, ibid. (w.e.f. 1-9-2019). 3. The word “disabled” omitted by s. 87, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 87, ibid., for “fifty rupees per hour” (w.e.f. 1-9-2019). 100 ----- Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law. 1[Provided further that where the vehicle is removed by 2[an agency authorised by the Central Government or State Government, removal charges] shall be recovered from the vehicle owner or person in-charge of such vehicle.] 3[(2) Penalties or 4[removal charges] under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.] 5[(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.] 5[Explanation.—For the purposes of this section, “removal charges” includes any costs involved in the removal of the motor vehicle from one location to another and also includes any costs related to storage of such motor vehicle.] **202. Power to arrest without warrant.—(1) A police officer in uniform may arrest without warrant** any person who in his presence commits an offence punishable under section 184 or section 185 or section 197: Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody. 6[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.] (3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle. **203. Breath tests.—[7][(1) A police officer in uniform or an officer of the Motor Vehicles Department,** as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185: Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.] (2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test:— (a) in the case of a person who is at a hospital as an indoor patient, at the hospital, (b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer: Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the 1. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14-11-1994). 2. Subs. by Act 32 of 2019, s. 87, for “a Government agency, towing charges” (w.e.f. 1-9-2019). 3. Subs. by Act 54 of 1994, s. 59, for sub-section (2) (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 87, for “towing charges” (w.e.f. 1-9-2019). 5. Ins. by s. 87, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 60, for sub-section (2) (w.e.f. 14-11-1994). 7. Subs. by s. 61, ibid., for sub-section (1) (w.e.f. 14-11-1994). 101 ----- ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient. (4) If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient. (5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for a breath test there. (6) The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence. _Explanation.—For the purposes of this section, “breath test”, means a test for the purpose of_ obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test. **204. Laboratory test.—(1) A person, who has been arrested under section 203 may, while at a police** station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a Laboratory test,— (a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or (b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so: Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not. (2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory test:— (a) if it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or (b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood: Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence. _Explanation.—For the purposes of this section, “laboratory test” means the analysis of a specimen of_ blood made at a laboratory established, maintained or recognised by the Central Government or a State Government. 102 ----- **205. Presumption of unfitness to drive.—In any proceeding for an offence punishable under section** 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time. **206. Power of police officer to impound document.—(1) Any police officer or other person** authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code (45 of 1860), seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. (2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of amotor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking cognizance of the offence and the said Court shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgment given under sub-section (3). (3) A police officer or other person seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgment therefor and such acknowledgment shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgment, whichever is earlier: Provided that if any magistrate, police officer or other person authorised by the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been, returned to the holder thereof before the date specified in the acknowledgment for any reason for which the holder is not responsible, the magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgment. 1[(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.] **207. Power to detain vehicles used without certificate of registration permit, etc.—(1) Any police** officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof. (2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such 1. Ins. by Act 32 of 2019, s. 88 (w.e.f. 1-10-2020). 103 ----- authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. **208. Summary disposal of cases.—(1) The Court taking cognizance of any offence (other than an** offence which the Central Government may by rules specify in this behalf) under this Act,— (i) may, if the offence is an offence punishable with imprisonment under this Act; and (ii) shall, in any other case, state upon the summons to be served on the accused person that he— (a) may appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself: Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea. (2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty. **209. Restriction on conviction.—No person prosecuted for an offence punishable under section 183** or section 184 shall be convicted unless— (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (c) within twenty-eight days of the commission of the offence, a summons for the offence was served on him: Provided that nothing, in this section shall apply where the Court is satisfied that— (a) the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (b) such failure was brought about by the conduct of the accused. **210. Courts to send intimation about conviction.—Every Court by which any person holding a** driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to— (a) the licensing authority which issued the driving licence, and (b) the licensing authority by whom the licence was last renewed, 104 ----- and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed. **1[210A. Power of State Government to increase penalties.—Subject to conditions made by the** Central Government, a State Government, shall, by notification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine, shall be in force in such State and different multipliers may be applied to different classes of motor vehicles as may be classified by the State Government for the purpose of this section. **210B. Penalty for offence committed by an enforcing authority.—Any authority that is** empowered to enforce the provisions of this Act shall, if such authority commits an offence under this Act, shall be liable for twice the penalty corresponding to that offence under this Act. **210C. Power of Central Government to make rules.—The Central Government may make rules** for— (a) design, construction and maintenance standards for National highways; (b) such other factors as may be taken into account by the Court under sub-section (3) of section 198A; (c) any other matter which is, or has to be, prescribed by the Central Government. **210D. Power of State Government to make rules.—The State Government may make rules for** design, construction and maintenance standards for roads other than national highways, and for any other matter which is, or may be, prescribed by the State Government.] CHAPTER XIV MISCELLANEOUS **211. Power to levy fee.—Any rule which the Central Government or the State Government is** empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary: Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full. 2[211A. Use of electronic forms and documents.—(1) Where any provision of this Act or the rules and regulations made there under provide for— (a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner; (b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or (c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, 1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019). 2. Ins. by Act 32 of 2019, s. 90 (w.e.f. 1-10-2020). 105 ----- issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be. (2) The Central Government or the State Government shall, for the purpose of sub-section (1), prescribe— (a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and (b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).] **212. Publication, commencement and laying of rules and notifications.—(1) The power to make** rules under this Act is subject to the condition of the rules being made after previous publication. (2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, [1][section 118] [2][sub-section (4) of section 163A] [3][section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.] **213. Appointment of motor vehicles officers.—(1) The State Government may, for the purpose of** carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit. (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing 1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019). 2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). 106 ----- power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers. (4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,— (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept: Provided that,— (i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer; (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court; (f) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code. **214. Effect of appeal and revision on orders passed by original authority.—(1) Where an appeal** has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the 107 ----- expiration of the term specified therein, continue to be valid until the appeal or application for revision is disposed of. (3) No order made by a competent authority under this Act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or revisional authority, as the case may be, that such error, omission or irregularity has, in fact, occasioned a failure of justice. **215. Road Safety Councils and Committees.—(1) The Central Government may, by notification in** the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (2) A State Government may, by notification in the Official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (3) A State Government may, by notification in the Official Gazette, constitute District Road Safety Committee for each district in the State consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (4) The Councils and Committees referred to in this section shall discharge such functions relating to the road safety programmes as the Central Government or the State Government, as the case may be, may, having regard to the objects of the Act, specify. **1[215A. Power of Central Government and State Government to delegate.—Notwithstanding** anything contained in this Act,— (a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act; (b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act. **215B. National Road Safety Board.—(1) The Central Government shall, by notification in the** Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Central Government. (2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,— (a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment; (b) the registration and licensing of motor vehicles; (c) the formulation of standards for road safety, road infrastructure and control of traffic; (d) the facilitation of safe and sustainable utilisation of road transport ecosystem; (e) the promotion of new vehicle technology; (f) the safety of vulnerable road users; (g) programmes for educating and sensitising drivers and other road users; and (h) such other functions as may be prescribed by the Central Government from time to time. 1. Ins. by Act 32 of 2019, s. 92 (w.e.f. 1-9-2019). 108 ----- **215C. Power of Central Government to make rules.—(1) The Central Government may make** rules for the purposes of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213; (c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B; (d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; and (e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government. **215D. Power of State Government to make rules.—(1) The State Government may make rules for** the purposes of carrying into effect, the provisions of this Chapter, other than the matters specified in section 215C. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powers exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub-section (3) of section 213; (c) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause (f) of sub-section (5) of section 213; and (d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the State Government.] **216. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **217. Repeal and savings.—(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding** to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed. (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,— (a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in 109 ----- force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the corresponding provision of this Act; (b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed; (c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act; (d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued; (e) any scheme made under section 68C of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisions of section 100 of this Act; (f) the permits issued under sub-section (1A) of section 68F of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provision, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published. (3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. (4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals. **1[217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles** **Act, 1939.—Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in** that sub-section, any certificate of fitness or registration or licence or permit issued or granted under the said enactments may be renewed under this Act.] 1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11-8-2000). 110 ----- 1[THE FIRST SCHEDULE] (See sections 116 and 119) TRAFFIC SIGNS _Part A.—Mandatory Signs_ Notes—(1) The figure 20 is given merely as an example. The actual figures will be as prescribed in each case where this sign is used. (2) The general design of the post is given for guidance. (3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicle, the class or classes will be specified on the “definition plate”. Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is or is to be imposed on vehicles of a certain class or classes, the general speed limit will be specified on the disc and the special speed limit together with the class or classes of vehicle to which it applies, will be specified on the “definition plate”. (4) The paints to be used on the traffic signs should be of reflecting kind. 1. The Schedule renumbered as the First Schedule thereof by Act 54 of 1994, s. 63 (w.e.f. 14-11-1994). 111 ----- 112 ----- Note.—Sign NO.5 as here set forth may be amplified by instructions inscribed upon a definition plate placed below it as in the general arrangement set forth in sign No. 1 of this Part. Upon the definition plate may be set forth the times during which parking is prohibited. In like manner an arrow-head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road lying to the side of the sign to which the arrow-head points. 113 ----- 114 ----- _Part B.—Cautionary Signs_ The signs of this Part shall be used in conjunction with a red triangular plate, the centre of which shall be either bollow or painted white, in the manner indicated in the general design reproduced below. 115 ----- 116 ----- 117 ----- 118 ----- _Part C.—Informatory Signs_ 119 ----- 120 ----- 1[THE SECOND SCHEDULE (See Section 163 A) **SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENT/INJURY CASES** **CLAIMS** 1. (a) Fatal Accidents: Compensation payable in case of Death shall be five lakh rupees. **(b) Accidents resulting in permanent disability:** Compensation payable shall be = [Rs. 5,00,000/- ×percentage disability as per Schedule I of the Employee’s Compensation Act, 1923 (8 of 1923)]: Provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees. **(c) Accidents resulting in minor injury:** A fixed compensation of twenty five thousand rupees shall be payable: 2. On and from the date of 1[st] day of January, 2019 the amount of compensation specified in the clauses (a) to (c) of paragraph (1) shall stand increased by 5 per cent annually.] [1. Subs. by S.O. 2022(E), for the Second Schedule (w.e.f. 22-5-2018).](javascript:OpenNotifications('MANU/RDTH/0257/2018')) 121 -----

24-Jan-1987

1

The Andaman and Nicobar Islands Prevention of Defacement of Property Regulation 1987

https://www.indiacode.nic.in/bitstream/123456789/19002/1/ani_prevention_of_defacement_of_property_regulation_1987.pdf

Andaman and Nicobar Islands

## wean am new new ### ANDAMAN AND NICOBAR GAZETTE ###### murmur EXTmo atom any snfirant 3a srmrfira ###### Published by Authority ii- 102 wii 33:“, Italian, 27, wager? I987. No. 102 Port Blair, Tuesday, 27, October [1987-] ANDAMAN AND NICOBAR ADMINISTRATION Secretariat NOTIFICATION Port Blair, dated the 27 October 1937 ###### India_ [and]Nopublishéd 97/87/F.[in] No.[ the] 53-79/84-Home.—The[ Gazette][ of][ India,][ Extraordinary] following[ Part—II,] Regulation[ Section-I,] promulgated[ No.][ 1,,d3led]“V the24 PresmentJanuary 87Of IS hereby re-published below for General information, namely :—~ MINISTRY OF LAW AND JUSTICE ###### (Legislative Department) New Delhi, the 24th January, 1987/Magha 4, 1908 (Saka) THE ANDAMAN AND NICOBAR ISLANDS PREVENTION OF DEFACEMENT OF PROPERTY REGULATION, 1987 NO. I OF 1987 Promulgated [bv][ the][ President][ in][ the] Thirty-seventh Year of Republic of [India] A Regulation to provide for the prevention of defacement of property [in][ the] Union territory of the Andaman and Nicobar Islands. Whereas it is expedient in the public interest to provide for the prevention [of] detacement of property in the Union territory of the Andaman and-Nicobar [Islands] and for matters connected therewrth or incidental thereto; Now, [therefore,][ in][ exercise][ of][ the] powers [conferred] by article 240 of the Constitution, [the‘President][ is] pleased [to] promulgate the following Regulation ‘ made by him:— 1. (1) [This] Regulation may [be][ called][ the][ Andaman] and Nicobar Islands Short titles, Prevention of Detacement of Property Regulation, 1987. extent and commencement. (2) [It][ extends][ to][ the][ whole][ of][ the] Union territory of the Andaman and Nicobar Islands. (3) It shall come into force at once, 2. In this Regulation, unless the context [otherwise] requires [:—] Definitions. (3) [“Administrator"][ means][ the][ Administrator][ of][ the][ Union][ territory] of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; (b) [”defacement"] includes impairing or interfering with the' appearance [of] beauty, damaging, disfiguring, spoiling or injuring in any otherway [whatsoever][ and][ the][ word][ "deface"] shall be construed accordingly; (0) “property” includes any building, hut, structure, wall, tree. fence, post, pole [or] any [other][ erection;] (d) "writing" includes decoration, lettering or ornamentation ###### produced by [stencil.] Price: Rupee [One][ and] Twenty [five][ Parse] Only. ----- 2 THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZETTE OCT. 27, 1987. defacemcntPenaltyproperty.[for] of withthe ink,3.name (1) chalk, Whoeverand paintaddress defaces or any of the other any owner property material or occupier except in public for of view such the by propertypurpose writing and[of]orindicating marking for such other purposes as may be specified by the Administrator, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. (2) Where any offence committed under sub—section (1) is for the benefit of some other person or a company or other body corporate or an association of persons (whether incorporated or nor), then, such other person and every president, chairman, director, partner, manager, secretary, agent or any other officer or person concerned with the management thereof, as the case may be, orshall, concent, unless be he deemed proves that to be the guilty offence of such was offence. committed without his knowledge Offence to be 4. An offence punishable under this Regulation shall be cognizable. cognizable Power of Admi- 5. Without prejudice to the provisions of section 3, it shall be competent for nistratorerase writing, to freeingthe Administrator any defacement to take[ or] such removing steps any as may mark be fromnecessary any property.for erasing any writing etct Regulation to 6. The provisions of this Regulation shall have effect notwithstanding any- override other thing [to][ the] contrary contained in any other law for the time being in force laws. ZAIL SINGH, President, S. RAMAlAH, Secy. [to][ the] Govt. of India- By Order, (N.M. HEGDE) Assistant Seeretary (HER) MGPPB— 103Gaz,/87—235. -----

31-Dec-2015

2

The juvenile justice (care and protection of children) act, 2015.

https://www.indiacode.nic.in/bitstream/123456789/19022/1/juvenile_justice_%28care_and_protection_of_children%29_act%2c_2015_%282_of_2016%29.pdf

Andaman and Nicobar Islands

# THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN 3. General principles to be followed in administration of Act. CHAPTER III JUVENILE JUSTICE BOARD 4. Juvenile Justice Board. 5. Placement of person, who cease to be a child during process of inquiry. 6. Placement of persons, who committed an offence, when person was below the age of eighteen years. 7. Procedure in relation to Board. 8. Powers, functions and responsibilities of the Board. 9. Procedure to be followed by a Magistrate who has not been empowered under this Act. CHAPTER IV PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 10. Apprehension of child alleged to be in conflict with law. 11. Role of person in whose charge child in conflict with law is placed. 12. Bail to a person who is apparently a child alleged to be in conflict with law. 13. Information to parents, guardian or probation officer. 14. Inquiry by Board regarding child in conflict with law. 15. Preliminary assessment into heinous offences by Board. 16. Review of pendency of inquiry. 17. Orders regarding a child not found to be in conflict with law. 18. Orders regarding child found to be in conflict with law. 19. Powers of Children’s Court. 20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety. 1 ----- SECTIONS 21. Order that may not be passed against a child in conflict with law. 22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child. 23. No joint proceedings of child in conflict with law and person not a child. 24. Removal of disqualification on the findings of an offence. 25. Special provision in respect of pending cases. 26. Provision with respect of run away child in conflict with law. CHAPTER V CHILD WELFARE COMMITTEE 27. Child Welfare Committee. 28. Procedure in relation to Committee. 29. Powers of Committee. 30. Functions and responsibilities of Committee. CHAPTER VI PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION 31. Production before Committee. 32. Mandatory reporting regarding a child found separated from guardian. 33. Offence of non-reporting. 34. Penalty for non-reporting. 35. Surrender of children. 36. Inquiry. 37. Orders passed regarding a child in need of care and protection. 38. Procedure for declaring a child legally free for adoption. CHAPTER VII REHABILITATION AND SOCIAL RE-INTEGRATION 39. Process of rehabilitation and social re-integration. 40. Restoration of child in need of care and protection. 41. Registration of child care institutions. 42. Penalty for non-registration of child care institutions. 43. Open shelter. 44. Foster care. 45. Sponsorship. 46. After care of children leaving child care institution. 47. Observation homes. 48. Special homes. 2 ----- SECTIONS 49. Place of safety. 50. Children’s Home. 51. Fit facility. 52. Fit person. 53. Rehabilitation and re-integration services in institutions registered under this Act and management thereof. 54. Inspection of institutions registered under this Act. 55. Evaluation of functioning of structures. CHAPTER VIII ADOPTION 56. Adoption. 57. Eligibility of prospective adoptive parents. 58. Procedure for adoption by Indian prospective adoptive parents living in India. 59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child. 60. Procedure for inter-country relative adoption. 61. Court procedure and penalty against payment in consideration of adoption. 62. Additional procedural requirements and documentation. 63. Effect of adoption. 64. Reporting of adoption. 65. Specialised Adoption Agencies. 66. Adoption of children residing in institutions not registered as adoption agencies. 67. State Adoption Resource Agency. 68. Central Adoption Resource Authority. 69. Steering Committee of Authority. 70. Powers of Authority. 71. Annual Report of Authority. 72. Grants by Central Government. 73. Accounts and audit of Authority. CHAPTER IX OTHER OFFENCES AGAINST CHILDREN 74. Prohibition on disclosure of identity of children. 75. Punishment for cruelty to child. 76. Employment of child for begging. 77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child. 3 ----- SECTIONS 78. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance. 79. Exploitation of a child employee. 80. Punitive measures for adoption without following prescribed procedures. 81. Sale and procurement of children for any purpose. 82. Corporal punishment. 83. Use of child by militant groups or other adults. 84. Kidnapping and abduction of child. 85. Offences committed on disabled children. 86. Classification of offences and designated court. 87. Abetment. 88. Alternative punishment. 89. Offence committed by child under this Chapter. CHAPTER X MISCELLANEOUS 90. Attendance of parent or guardian of child. 91. Dispensing with attendance of child. 92. Placement of a child suffering from disease requiring prolonged medical treatment in an approved place. 93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs. 94. Presumption and determination of age. 95. Transfer of a child to place of residence. 96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person in different parts of India. 97. Release of a child from an institution. 98. Leave of absence to a child placed in an institution. 99. Reports to be treated as confidential. 100. Protection of action taken in good faith. 101. Appeals. 102. Revision. 103. Procedure in inquiries, appeals and revision proceedings. 104. Power of the Committee or the Board to amend its own orders. 105. Juvenile justice fund. 106. State Child Protection Society and District Child Protection Unit. 107. Child Welfare Police Officer and Special Juvenile Police Unit. 4 ----- SECTIONS 108. Public awareness on provisions of Act. 109. Monitoring of implementation of Act. 110. Power to make rules. 111. Repeal and savings. 112. Power to remove difficulties. 5 ----- # THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 ACT NO. 2 OF 2016 [31st December, 2015.] # An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto. WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause (3) [of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the](javascript:fnOpenLinkPopUp('784','16911');) needs of children are met and that their basic human rights are fully protected; AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child; AND WHEREAS, it is expedient to re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) to make comprehensive provisions for children alleged and found to be in conflict with law and children in need of care and protection, taking into consideration the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Juvenile** Justice (Care and Protection of Children) Act, 2015. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. (4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including — (i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law; (ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry; (2) “adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child; 1. 15th January, 2016, vide notification No. S.O. 110(E), dated 12th January, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 6 ----- (3) “adoption regulations” means the regulations framed by the Authority and notified by the Central Government in respect of adoption; (4) “administrator” means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred; (5) “aftercare” means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society; (6) “authorised foreign adoption agency” means a foreign social or child welfare agency that is authorised by the Central Adoption Resource Authority on the recommendation of their Central Authority or Government department of that country for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents for adoption of a child from India; (7) “Authority” means the Central Adoption Resource Authority constituted under section 68; (8) “begging” means— (i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence; (ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (9) “best interest of child” means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development; (10) “Board” means a Juvenile Justice Board constituted under section 4; (11) “Central Authority” means the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation in Inter-country Adoption (1993); (12) “child” means a person who has not completed eighteen years of age; (13) “child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence; (14) “child in need of care and protection” means a child— (i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or (ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or (iii) who resides with a person (whether a guardian of the child or not) and such person— (a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or (b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or (c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or (iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or 7 ----- (v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or (vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or (vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or (viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or (ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or (x) who is being or is likely to be abused for unconscionable gains; or (xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or (xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage; (15) “child friendly” means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child; (16) “child legally free for adoption” means a child declared as such by the Committee after making due inquiry under section 38; (17) “Child Welfare Officer” means an officer attached to a Children’s Home, for carrying out the directions given by the Committee or, as the case may be, the Board with such responsibility as may be prescribed; (18) “Child Welfare Police Officer” means an officer designated as such under sub-section (1) of section 107; (19) “Children’s Home” means a Children’s Home, established or maintained, in every district or group of districts, by the State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 50; (20) “Children’s Court” means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act; (21) “child care institution” means Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services; (22) “Committee” means Child Welfare Committee constituted under section 27; (23) “court” means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts; (24) “corporal punishment” means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child; (25) “childline services” means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service; (26) “District Child Protection Unit” means a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point to ensure the implementation of this Act and other child protection measures in the district; 8 ----- (27) “fit facility” means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the Committee, as the case may be, or the Board, under sub-section (1) of section 51; (28) “fit person” means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in this behalf and recognised as fit for the said purpose, by the Committee or, as the case may be, the Board, to receive and take care of the child; (29) “foster care” means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care; (30) “foster family” means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44; (31) “guardian” in relation to a child, means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and recognised by the Committee or, as the case may be, the Board as a guardian in the course of proceedings; (32) “group foster care” means a family like care facility for children in need of care and protection who are without parental care, aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions; (33) “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more; (34) “inter-country adoption” means adoption of a child from India by non-resident Indian or by a person of Indian origin or by a foreigner; (35) “juvenile” means a child below the age of eighteen years; (36) “narcotic drug” and “psychotropic substance” shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (37) “no objection certificate” for inter-country adoption means a certificate issued by the Central Adoption Resource Authority for the said purpose; (38) “non-resident Indian” means a person who holds an Indian passport and is presently residing abroad for more than one year; (39) “notification” means the notification published in the Official Gazette of India, or as the case may be, in the Gazette of a State, and the expression “notify” shall be construed accordingly; (40) “observation home” means an observation home established and maintained in every district or group of districts by a State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) of section 47; (41) “open shelter” means a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 43, and registered as such, for the purposes specified in that section; (42) “orphan” means a child— (i) who is without biological or adoptive parents or legal guardian; or (ii) whose legal guardian is not willing to take, or capable of taking care of the child; (43) “overseas citizen of India” means a person registered as such under the Citizenship Act, 1955 (57 of 1955); 9 ----- (44) “person of Indian origin” means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Card issued by the Central Government; (45) “petty offences” includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years; (46) “place of safety” means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person incharge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order; (47) “prescribed” means prescribed by rules made under this Act; (48) “probation officer” means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958) or the Legal-cum-Probation Officer appointed by the State Government under District Child Protection Unit; (49) “prospective adoptive parents” means a person or persons eligible to adopt a child as per the provisions of section 57; (50) “public place” shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); (51) “registered”, with reference to child care institutions or agencies or facilities managed by the State Government, or a voluntary or non-governmental organisation, means observation homes, special homes, place of safety, children’s homes, open shelters or Specialised Adoption Agency or fit facility or any other institution that may come up in response to a particular need or agencies or facilities authorised and registered under section 41, for providing residential care to children, on a short-term or long-term basis; (52) “relative”, in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent; (53) “State Agency” means the State Adoption Resource Agency set up by the State Government for dealing with adoption and related matters under section 67; (54) “serious offences” includes the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment between three to seven years; (55) “special juvenile police unit” means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 107; (56) “special home” means an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 48, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the Board; (57) “Specialised Adoption Agency” means an institution established by the State Government or by a voluntary or non-governmental organisation and recognised under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption; (58) “sponsorship” means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child; (59) “State Government”, in relation to a Union territory, means the Administrator of that Union [territory appointed by the President under article 239 of the Constitution;](javascript:fnOpenLinkPopUp('784','17181');) 10 ----- (60) “surrendered child” means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee; (61) all words and expressions used but not defined in this Act and defined in other Acts shall have the meanings respectively assigned to them in those Acts. CHAPTER II GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN **3. General principles to be followed in administration of Act.—The Central Government, the State** Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following fundamental principles, namely:— (i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any _mala fide or criminal intent up to the age of eighteen years._ (ii) _Principle of dignity and worth: All human beings shall be treated with equal dignity and_ rights. (iii) Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child. (iv) _Principle of best interest: All decisions regarding the child shall be based on the primary_ consideration that they are in the best interest of the child and to help the child to develop full potential. (v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be. (vi) _Principle of safety: All measures shall be taken to ensure that the child is safe and is not_ subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter. (vii) _Positive measures: All resources are to be mobilised including those of family and_ community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act. (viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child. (ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver. (x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child. (xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process. (xii) _Principle of institutionalisation as a measure of last resort: A child shall be placed in_ institutional care as a step of last resort after making a reasonable inquiry. (xiii) _Principle of repatriation and restoration: Every child in the juvenile justice system shall_ have the right to be re-united with his family at the earliest and to be restored to the same socioeconomic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest. 11 ----- (xiv) _Principle of fresh start: All past records of any child under the Juvenile Justice system_ should be erased except in special circumstances. (xv) _Principle of diversion: Measures for dealing with children in conflict with law without_ resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole. (xvi) _Principles of natural justice: Basic procedural standards of fairness shall be adhered to,_ including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act. CHAPTER III JUVENILE JUSTICE BOARD **4. Juvenile Justice Board.—(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act. (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class. (3) No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to children for atleast seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law. (4) No person shall be eligible for selection as a member of the Board, if he— (i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act. (5) The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment. (6) The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed. (7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government, if he— (i) has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii) fails to attend less than three-fourths of the sittings in a year; or (iv) becomes ineligible under sub-section (4) during his term as a member. 12 ----- **5. Placement of person, who cease to be a child during process of inquiry.—Where an inquiry has** been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen years, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued by the Board and orders may be passed in respect of such person as if such person had continued to be a child. **6. Placement of persons, who committed an offence, when person was below the age of eighteen** **years.—(1) Any person, who has completed eighteen years of age, and is apprehended for committing an** offence when he was below the age of eighteen years, then, such person shall, subject to the provisions of this section, be treated as a child during the process of inquiry. (2) The person referred to in sub-section (1), if not released on bail by the Board shall be placed in a place of safety during the process of inquiry. (3) The person referred to in sub-section (1) shall be treated as per the procedure specified under the provisions of this Act. **7. Procedure in relation to Board.—(1) The Board shall meet at such times and shall observe such** rules in regard to the transaction of business at its meetings, as may be prescribed and shall ensure that all procedures are child friendly and that the venue is not intimidating to the child and does not resemble as regular courts. (2) A child in conflict with law may be produced before an individual member of the Board, when the Board is not in sitting. (3) A Board may act notwithstanding the absence of any member of the Board, and no order passed by the Board shall be invalid by the reason only of the absence of any member during any stage of proceedings: Provided that there shall be atleast two members including the Principal Magistrate present at the time of final disposal of the case or in making an order under sub-section (3) of section 18. (4) In the event of any difference of opinion among the members of the Board in the interim or final disposal, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Principal Magistrate, shall prevail. **8. Powers, functions and responsibilities of the Board.—(1) Notwithstanding anything contained in** any other law for the time being in force but save as otherwise expressly provided in this Act, the Board constituted for any district shall have the power to deal exclusively with all the proceedings under this Act, relating to children in conflict with law, in the area of jurisdiction of such Board. (2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Children’s Court, when the proceedings come before them under section 19 or in appeal, revision or otherwise. (3) The functions and responsibilities of the Board shall include— (a) ensuring the informed participation of the child and the parent or guardian, in every step of the process; (b) ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation; (c) ensuring availability of legal aid for the child through the legal services institutions; (d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings; (e) directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed; 13 ----- (f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14; (g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved; (h) disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required; (i) conducting inquiry for declaring fit persons regarding care of children in conflict with law; (j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government; (k) order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on a complaint made in this regard; (l) order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any other law for the time being in force, on a written complaint by a Committee in this regard; (m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and (n) any other function as may be prescribed. **9. Procedure to be followed by a Magistrate who has not been empowered under this Act.—(1)** When a Magistrate, not empowered to exercise the powers of the Board under this Act is of the opinion that the person alleged to have committed the offence and brought before him is a child, he shall, without any delay, record such opinion and forward the child immediately along with the record of such proceedings to the Board having jurisdiction. (2) In case a person alleged to have committed an offence claims before a court other than a Board, that the person is a child or was a child on the date of commission of the offence, or if the court itself is of the opinion that the person was a child on the date of commission of the offence, the said court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person, and shall record a finding on the matter, stating the age of the person as nearly as may be: Provided that such a claim may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such a claim shall be determined in accordance with the provisions contained in this Act and the rules made thereunder even if the person has ceased to be a child on or before the date of commencement of this Act. (3) If the court finds that a person has committed an offence and was a child on the date of commission of such offence, it shall forward the child to the Board for passing appropriate orders and the sentence, if any, passed by the court shall be deemed to have no effect. (4) In case a person under this section is required to be kept in protective custody, while the person’s claim of being a child is being inquired into, such person may be placed, in the intervening period in a place of safety. CHAPTER IV PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW **10. Apprehension of child alleged to be in conflict with law.—(1) As soon as a child alleged to be** in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child 14 ----- before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended: Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (2) The State Government shall make rules consistent with this Act,— (i) to provide for persons through whom (including registered voluntary or non-governmental organisations) any child alleged to be in conflict with law may be produced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be. **11. Role of person in whose charge child in conflict with law is placed.—Any person in whose** charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the said child, as if the said person was the child’s parent and responsible for the child’s maintenance: Provided that the child shall continue in such person’s charge for the period stated by the Board, notwithstanding that the said child is claimed by the parents or any other person except when the Board is of the opinion that the parent or any other person are fit to exercise charge over such child. **12. Bail to a person who is apparently a child alleged to be in conflict with law.—(1) When any** person, who is apparently a child and is alleged to have committed a abailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. **13. Information to parents, guardian or probation officer.—(1) Where a child alleged to be in** conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after apprehending the child, inform— (i) the parent or guardian of such child, if they can be found, and direct them to be present at the Board before which the child is produced; and (ii) the probation officer, or if no probation officer is available, a Child Welfare Officer, for preparation and submission within two weeks to the Board, a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the Board for making the inquiry. (2) Where a child is released on bail, the probation officer or the Child Welfare Officer shall be informed by the Board. **14. Inquiry by Board regarding child in conflict with law.—(1) Where a child alleged to be in** conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the 15 ----- provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 and 18 of this Act. (2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension. (3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board. (4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing. (5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:— (a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment; (b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings; (c) every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry; (d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974); (e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974); (f) inquiry of heinous offences,— (i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e); (ii) for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15. **15. Preliminary assessment into heinous offences by Board.—(1) In case of a heinous offence** alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18: Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts. _Explanation.—For the purposes of this section, it is clarified that preliminary assessment is not a trial,_ but is to assess the capacity of such child to commit and understand the consequences of the alleged offence. (2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974): 16 ----- Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101: Provided further that the assessment under this section shall be completed within the period specified in section 14. **16. Review of pendency of inquiry.—(1) The Chief Judicial Magistrate or the Chief Metropolitan** Magistrate shall review the pendency of cases of the Board once in every three months, and shall direct the Board to increase the frequency of its sittings or may recommend the constitution of additional Boards. (2) The number of cases pending before the Board, duration of such pendency, nature of pendency and reasons thereof shall be reviewed in every six months by a high level committee consisting of the Executive Chairperson of the State Legal Services Authority, who shall be the Chairperson, the Home Secretary, the Secretary responsible for the implementation of this Act in the State and a representative from a voluntary or non-governmental organisation to be nominated by the Chairperson. (3) The information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrate on quarterly basis in such form as may be prescribed by the State Government. **17. Orders regarding a child not found to be in conflict with law.—(1) Where a Board is satisfied** on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the Board shall pass order to that effect. (2) In case it appears to the Board that the child referred to in sub-section (1) is in need of care and protection, it may refer the child to the Committee with appropriate directions. **18. Orders regarding child found to be in conflict with law.—(1) Where a Board is satisfied on** inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit,— (a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian; (b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board; (d) order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated; (e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years; (f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years; (g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home: 17 ----- Provided that if the conduct and behaviour of the child has been such that, it would not be in the child’s interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety. (2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders to— (i) attend school; or (ii) attend a vocational training centre; or (iii) attend a therapeutic centre; or (iv) prohibit the child from visiting, frequenting or appearing at a specified place; or (v) undergo a de-addiction programme. (3) Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences. **19. Powers of Children’s Court.—(1) After the receipt of preliminary assessment from the Board** under section 15, the Children’s Court may decide that— (i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere; (ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18. (2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child Protection Unit or a social worker. (3) The Children’s Court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to a jail: Provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safety. (4) The Children’s Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, as required, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form. (5) The reports under sub-section (4) shall be forwarded to the Children’s Court for record and follow up, as may be required. **20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place** **of safety.—(1) When the child in conflict with the law attains the age of twenty-one years and is yet to** complete the term of stay, the Children’s Court shall provide for a follow up by the probation officer or the District Child Protection Unit or a social worker or by itself, as required, to evaluate if such child has undergone reformative changes and if the child can be a contributing member of the society and for this purpose the progress records of the child under sub-section (4) of section 19, along with evaluation of relevant experts are to be taken into consideration. (2) After the completion of the procedure specified under sub-section (1), the Children’s Court may— (i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay; 18 ----- (ii) decide that the child shall complete the remainder of his term in a jail: Provided that each State Government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed. **21. Order that may not be passed against a child in conflict with law.—No child in conflict with** law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code (45 of 1860) or any other law for the time being in force. **22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against** **child.—Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973** (2 of 1974), or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under Chapter VIII of the said Code. **23. No joint proceedings of child in conflict with law and person not a child.—(1)** [Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974)](javascript:fnOpenLinkPopUp('783','16657');) or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be in conflict with law, with a person who is not a child. (2) If during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict with law is found that he is not a child, such person shall not be tried along with a child. **24. Removal of disqualification on the findings of an offence.—(1) Notwithstanding anything** contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law: Provided that in case of a child who has completed or is above the age of sixteen years and is found to be in conflict with law by the Children’s Court under clause (i) of sub-section (1) of section 19, the provisions of sub-section (1) shall not apply. (2) The Board shall make an order directing the Police, or by the Children’s Court to its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed: Provided that in case of a heinous offence where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19, the relevant records of conviction of such child shall be retained by the Children’s Court. **25. Special provision in respect of pending cases.—Notwithstanding anything contained in this Act,** all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board or court on the date of commencement of this Act, shall be continued in that Board or court as if this Act had not been enacted. **26. Provision with respect of run away child in conflict with law.—(1) Notwithstanding anything** to the contrary contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed under this Act. (2) The child referred to in sub-section (1) shall be produced, within twenty-four hours, preferably before the Board which passed the original order in respect of that child, if possible, or to the nearest Board where the child is found. (3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the Board may deem fit: Provided that the Board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child. (4) No additional proceeding shall be instituted in respect of such child. 19 ----- CHAPTER V CHILD WELFARE COMMITTEE **27. Child Welfare Committee.—(1) The State Government shall by notification in the Official** Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification. (2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters concerning children. (3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning. (4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development. (5) No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed. (6) No person shall be appointed for a period of more than three years as a member of the Committee. (7) The appointment of any member of the Committee shall be terminated by the State Government after making an inquiry, if— (i) he has been found guilty of misuse of power vested on him under this Act; (ii) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; (iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year. (8) The District Magistrate shall conduct a quarterly review of the functioning of the Committee. (9) The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class. (10) The District Magistrate shall be the grievances redressal authority for the Child Welfare Committee and anyone connected with the child, may file a petition before the District Magistrate, who shall consider and pass appropriate orders. **28. Procedure in relation to Committee.—(1) The Committee shall meet at least twenty days in a** month and shall observe such rules and procedures with regard to the transaction of business at its meetings, as may be prescribed. (2) A visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as a sitting of the Committee. (3) A child in need of care and protection may be produced before an individual member of the Committee for being placed in a Children’s Home or fit person when the Committee is not in session. (4) In the event of any difference of opinion among the members of the Committee at the time of taking any decision, the opinion of the majority shall prevail but where there is no such majority, the opinion of the Chairperson shall prevail. (5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by the Committee shall be invalid by reason only of the absence of any member during any stage of the proceeding: 20 ----- Provided that there shall be at least three members present at the time of final disposal of the case. **29. Powers of Committee.—(1) The Committee shall have the authority to dispose of cases for the** care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection. (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection. **30. Functions and responsibilities of Committee.—The functions and responsibilities of the** Committee shall include— (i) taking cognizance of and receiving the children produced before it; (ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the children under this Act; (iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organisations to conduct social investigation and submit a report before the Committee; (iv) conducting inquiry for declaring fit persons for care of children in need of care and protection; (v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or children’s homes or fit facility in this regard; (vii) selecting registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution; (viii) conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government; (ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts to keep the family together; (x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed; (xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry; (xii) taking _suo motu cognizance of cases and reaching out to children in need of care and_ protection, who are not produced before the Committee, provided that such decision is taken by at least three members; (xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be, under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012); (xiv) dealing with cases referred by the Board under sub-section (2) of section 17; (xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the District Child Protection Unit or the State Government; 21 ----- (xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry and give directions to the police or the District Child Protection Unit or labour department or childline services, as the case may be; (xvii) accessing appropriate legal services for children; (xviii) such other functions and responsibilities, as may be prescribed. CHAPTER VI PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION **31. Production before Committee.—(1) Any child in need of care and protection may be produced** before the Committee by any of the following persons, namely:— (i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force; (ii) any public servant; (iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government; (iv) Child Welfare Officer or probation officer; (v) any social worker or a public spirited citizen; (vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternity home: Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey. (2) The State Government may make rules consistent with this Act, to provide for the manner of submitting the report to the Committee and the manner of sending and entrusting the child to children’s home or fit facility or fit person, as the case may be, during the period of the inquiry. **32. Mandatory reporting regarding a child found separated from guardian.—(1) Any individual** or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home, who or which finds and takes charge, or is handed over a child who appears or claims to be abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within twenty-four hours (excluding the time necessary for the journey), give information to the Childline Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection Unit, or hand over the child to a child care institution registered under this Act, as the case may be. (2) The information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as may be specified by the Central Government or the Committee or the District Child Protection Unit or the child care institution, as the case may be. **33. Offence of non-reporting.—If information regarding a child as required under section 32 is not** given within the period specified in the said section, then, such act shall be regarded as an offence. **34. Penalty for non-reporting.—Any person who has committed an offence under section 33 shall** be liable to imprisonment up to six months or fine of ten thousand rupees or both. **35. Surrender of children.—(1) A parent or guardian, who for physical, emotional and social factors** beyond their control, wishes to surrender a child, shall produce the child before the Committee. (2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee. (3) The parents or guardian who surrendered the child, shall be given two months time to reconsider their decision and in the intervening period the Committee shall either allow, after due inquiry, the child 22 ----- to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency, if he or she is below six years of age, or a children’s home if he is above six years. **36. Inquiry.—(1) On production of a child or receipt of a report under section 31, the Committee** shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as specified in sub-section (2) of section 31, may pass an order to send the child to the children’s home or a fit facility or fit person, and for speedy social investigation by a social worker or Child Welfare Officer or Child Welfare Police Officer: Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available. (2) The social investigation shall be completed within fifteen days so as to enable the Committee to pass final order within four months of first production of the child: Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in section 38. (3) After the completion of the inquiry, if Committee is of the opinion that the said child has no family or ostensible support or is in continued need of care and protection, it may send the child to a Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains the age of eighteen years: Provided that the situation of the child placed in a children’s home or with a fit facility or person or a foster family, shall be reviewed by the Committee, as may be prescribed. (4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases. (5) After review under sub-section (4), the District Magistrate shall direct the Committee to take necessary remedial measures to address the pendency, if necessary and send a report of such reviews to the State Government, who may cause the constitution of additional Committees, if required: Provided that if the pendency of cases continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminate the said Committee and shall constitute a new Committee. (6) In anticipation of termination of the Committee and in order that no time is lost in constituting a new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed as members of the Committee. (7) In case of any delay in the constitution of a new Committee under sub-section (5), the Child Welfare Committee of a nearby district shall assume responsibility in the intervening period. **37. Orders passed regarding a child in need of care and protection.—(1) The Committee on being** satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on consideration of Social Investigation Report submitted by Child Welfare Officer and taking into account the child’s wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:— (a) declaration that a child is in need of care and protection; (b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker; (c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child; (d) placement of the child with fit person for long term or temporary care; 23 ----- (e) foster care orders under section 44; (f) sponsorship orders under section 45; (g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions relating to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the District Child Protection Unit or State Government and other agencies; (h) declaration that the child is legally free for adoption under section 38. (2) The Committee may also pass orders for— (i) declaration of fit persons for foster care; (ii) getting after care support under section 46 of the Act; or (iii) any other order related to any other function as may be prescribed. **38. Procedure for declaring a child legally free for adoption.—(1) In case of orphan and** abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption: Provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age: Provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this Act. (2) In case of surrendered child, the institution where the child has been placed by the Committee on an application for surrender, shall bring the case before the Committee immediately on completion of the period specified in section 35, for declaring the child legally free for adoption. (3) Notwithstanding anything contained in any other law for the time being in force, a child of a mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free for adoption by the Committee, by following the procedure under this Act. (4) The decision to declare an orphan, abandoned or surrendered child as legally free for adoption shall be taken by at least three members of the Committee. (5) The Committee shall inform the State Agency and the Authority regarding the number of children declared as legally free for adoption and number of cases pending for decision in the manner as may be prescribed, every month. CHAPTER VII REHABILITATION AND SOCIAL RE-INTEGRATION **39. Process of rehabilitation and social re-integration.—(1) The process of rehabilitation and** social integration of children under this Act shall be undertaken, based on the individual care plan of the child, preferably through family based care such as by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster care: Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care, together, unless it is in their best interest not to be kept together. (2) For children in conflict with law the process of rehabilitation and social integration shall be undertaken in the observation homes, if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if placed there by the order of the Board. 24 ----- (3) The children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken wherever the child is so placed. (4) The Children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes or place of safety on attaining eighteen years of age, may be provided financial support as specified in section 46, to help them to re-integrate into the mainstream of the society. **40. Restoration of child in need of care and protection.—(1) The restoration and protection of a** child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter. (2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case may be, shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection. (3) The Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directions. _Explanation.—For the purposes of this section, “restoration and protection of a child” means_ restoration to— (a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) fit person. **41. Registration of child care institutions.—(1) Notwithstanding anything contained in any other** law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not: Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) on the date of commencement of this Act shall be deemed to have been registered under this Act. (2) At the time of registration under this section, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption Agency or observation home or special home or place of safety, as the case may be. (3) On receipt of application for registration under sub-section (1), from an existing or new institution housing children in need of care and protection or children in conflict with law, the State Government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this Act, and shall determine the capacity of the Home which shall be mentioned in the registration certificate: Provided that if the said institution does not fulfil the prescribed criteria for registration, within the period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of sub-section (5) shall apply. 25 ----- (4) If the State Government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period of six months. (5) If the application for registration is not disposed of within six months by any officer or officers of any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be initiated. (6) The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years. (7) The State Government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and reintegration services as specified in section 53 and till such time that the registration of an institution is renewed or granted, the State Government shall manage the institution. (8) Any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants from the Central Government or, as the case may be, the State Government or not. (9) Notwithstanding anything contained in any other law for the time being in force, the inspection committee appointed under section 54, shall have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection. **42. Penalty for non-registration of child care institutions.—Any person, or persons, in-charge of** an institution housing children in need of care and protection and children in conflict with law, who fails to comply with the provisions of sub-section (1) of section 41, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both: Provided that every thirty days delay in applying for registration shall be considered as a separate offence. **43. Open shelter.—(1) The State Government may establish and maintain, by itself or through** voluntary or non-governmental organisations, as many open shelters as may be required, and such open shelters shall be registered as such, in the manner as may be prescribed. (2) The open shelters referred to in sub-section (1) shall function as a community based facility for children in need of residential support, on short-term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets. (3) The open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter, to the District Child Protection Unit and the Committee. **44. Foster care.—(1) The children in need of care and protection may be placed in foster care,** including group foster care for their care and protection through orders of the Committee, after following the procedure as may be prescribed in this regard, in a family which does not include the child’s biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time. (2) The selection of the foster family shall be based on family’s ability, intent, capacity and prior experience of taking care of children. (3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together. (4) The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit after following the procedure, as may be prescribed, for inspection to ensure well being of the children. (5) In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster 26 ----- family at regular intervals, unless the Committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefor; and eventually, the child may return to the parent’s homes once the parents are determined by the Committee to be fit to take care of the child. (6) The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed. (7) The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children. (8) The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the Committee may deem fit. (9) No child regarded as adoptable by the Committee shall be given for long-term foster care. **45. Sponsorship.—(1) The State Government shall make rules for the purpose of undertaking various** programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship. (2) The criteria for sponsorship shall include,— (i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease; (iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically. (3) The duration of sponsorship shall be such as may be prescribed. (4) The sponsorship programme may provide supplementary support to families, to Children’s Homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life. **46. After care of children leaving child care institution.—Any child leaving a child care institution** on completion of eighteen years of age may be provided with financial support in order to facilitate child’s re-integration into the mainstream of the society in the manner as may be prescribed. **47. Observation homes.—(1) The State Government shall establish and maintain in every district or** a group of districts, either by itself, or through voluntary or non-governmental organisations, observation homes, which shall be registered under section 41 of this Act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act. (2) Where the State Government is of the opinion that any registered institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry under this Act, it may register such institution as an observation home for the purposes of this Act. (3) The State Government may, by rules made under this Act, provide for the management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn. (4) Every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child’s age and gender, after giving due consideration to physical and mental status of the child and degree of the offence committed. 27 ----- **48. Special homes.—(1) The State Government may establish and maintain either by itself or through** voluntary or non-governmental organisations, special homes, which shall be registered as such, in the manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the Juvenile Justice Board made under section 18. (2) The State Government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn. (3) The rules made under sub-section (2) may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the nature of offence committed by them and the child’s mental and physical status. **49. Place of safety.—(1) The State Government shall set up atleast one place of safety in a State** registered under section 41, so as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence. (2) Every place of safety shall have separate arrangement and facilities for stay of such children or persons during the process of inquiry and children or persons convicted of committing an offence. (3) The State Government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section (1) and the facilities and services that may be provided therein. **50. Children’s Home.—(1) The State Government may establish and maintain, in every district or** group of districts, either by itself or through voluntary or non-governmental organisations, Children’s Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation. (2) The State Government shall designate any Children’s Home as a home fit for children with special needs delivering specialised services, depending on requirement. (3) The State Government may, by rules, provide for the monitoring and management of Children’s Homes including the standards and the nature of services to be provided by them, based on individual care plans for each child. **51. Fit facility.—(1) The Board or the Committee shall recognise a facility being run by a** Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child in such manner as may be prescribed. (2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be recorded in writing. **52. Fit person.—(1) The Board or the Committee shall, after due verification of credentials,** recognise any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period and in the manner as may be prescribed. (2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub section (1) for reasons to be recorded in writing. **53. Rehabilitation and re-integration services in institutions registered under this Act and** **management thereof.—(1) The services that shall be provided, by the institutions registered under this** Act in the process of rehabilitation and re-integration of children, shall be in such manner as may be prescribed, which may include— (i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed standards; 28 ----- (ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other suitable aids and appliances as required, for children with special needs; (iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs: Provided that for children between the age of six to fourteen years, the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) shall apply; (iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need of the child; (vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, treatment of diseases where required; (x) case management including preparation and follow up of individual care plan; (xi) birth registration; (xii) assistance for obtaining the proof of identity, where required; and (xiii) any other service that may reasonably be provided in order to ensure the well-being of the child, either directly by the State Government, registered or fit individuals or institutions or through referral services. (2) Every institution shall have a Management Committee, to be set up in a manner as may be prescribed, to manage the institution and monitor the progress of every child. (3) The officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children’s committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institution. **54. Inspection of institutions registered under this Act.—(1) The State Government shall appoint** inspection committees for the State and district, as the case may be, for all institutions registered or recognised to be fit under this Act for such period and for such purposes, as may be prescribed. (2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the District Child Protection Units or State Government, as the case may be, for further action. (3) On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the District Child Protection Unit or the State Government and a compliance report shall be submitted to the State Government. **55. Evaluation of functioning of structures.—(1) The Central Government or State Government** may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons or institutions as may be prescribed by that Government. (2) In case such independent evaluation is conducted by both the Governments, the evaluation made by the Central Government shall prevail. CHAPTER VIII ADOPTION **56. Adoption.—(1) Adoption shall be resorted to for ensuring right to family for the orphan,** abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority. 29 ----- (2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority. (3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956 (78 of 1956). (4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority. (5) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of section 80. **57. Eligibility of prospective adoptive parents.—(1) The prospective adoptive parents shall be** physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him. (2) In case of a couple, the consent of both the spouses for the adoption shall be required. (3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. (4) A single male is not eligible to adopt a girl child. (5) Any other criteria that may be specified in the adoption regulations framed by the Authority. **58. Procedure for adoption by Indian prospective adoptive parents living in India.—(1) Indian** prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same to a Specialised Adoption Agency, in the manner as provided in the adoption regulations framed by the Authority. (2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority. (3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority. (4) On the receipt of a certified copy of the court order, the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents. (5) The progress and wellbeing of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by the Authority. **59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child.—(1)** If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian prospective adoptive parent despite the joint effort of the Specialised Adoption Agency and State Agency within sixty days from the date the child has been declared legally free for adoption, such child shall be free for inter-country adoption: Provided that children with physical and mental disability, siblings and children above five years of age may be given preference over other children for such inter-country adoption, in accordance with the adoption regulations, as may be framed by the Authority. (2) An eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be given priority in inter-country adoption of Indian children. 30 ----- (3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorised foreign adoption agency, or Central Authority or a concerned Government department in their country of habitual residence, as the case may be, in the manner as provided in the adoption regulations framed by the Authority. (4) The authorised foreign adoption agency, or Central Authority, or a concerned Government department, as the case may be, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India, in the manner as provided in the adoption regulations framed by the Authority. (5) On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the Specialised Adoption Agencies, where children legally free for adoption are available. (6) The Specialised Adoption Agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the said agency. (7) On receipt of the acceptance of the child from the prospective adoptive parents, the Specialised Adoption Agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority. (8) On the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to Authority, State Agency and to the prospective adoptive parents, and obtain a passport for the child. (9) The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child. (10) The prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the child. (11) The authorised foreign adoption agency, or Central Authority, or the concerned Government department, as the case may be, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption, in consultation with Authority and concerned Indian diplomatic mission, in the manner as provided in the adoption regulations framed by the Authority. (12) A foreigner or a person of Indian origin or an overseas citizen of India, who has habitual residence in India, if interested to adopt a child from India, may apply to Authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption regulations framed by the Authority. **60. Procedure for inter-country relative adoption.—(1) A relative living abroad, who intends to** adopt a child from his relative in India shall obtain an order from the court and apply for no objection certificate from Authority, in the manner as provided in the adoption regulations framed by the Authority. (2) The Authority shall on receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child. (3) The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time. **61. Court procedure and penalty against payment in consideration of adoption.—(1) Before** issuing an adoption order, the court shall satisfy itself that— (a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective 31 ----- adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees or service charge or child care corpus. (2) The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing. **62. Additional procedural requirements and documentation.—(1) The documentation and other** procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child by Indian prospective adoptive parents living in India, or by non-resident Indian or overseas citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the Authority. (2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to. **63. Effect of adoption.—A child in respect of whom an adoption order is issued by the court, shall** become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family: Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family. **64. Reporting of adoption.—Notwithstanding anything contained in any other law for the time being** in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption. **65. Specialised Adoption Agencies.—(1) The State Government shall recognise one or more** institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care. (2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies. (3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required. (4) In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act or in the adoption regulations framed by the Authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the Committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the court within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government. **66. Adoption of children residing in institutions not registered as adoption agencies.—(1) All the** institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are 32 ----- reported, produced and declared legally free for adoption, by the Committee as per the provisions of section 38. (2) All institutions referred to in sub-section (1) shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption. (3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions. **67. State Adoption Resource Agency.—(1) The State Government shall set up a State Adoption** Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority. (2) The State Agency, wherever already exists, shall be deemed to be set up under this Act. **68. Central Adoption Resource Authority.—The Central Adoption Resource Agency existing** before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act to perform the following functions, namely:— (a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency; (b) to regulate inter-country adoptions; (c) to frame regulations on adoption and related matters from time to time as may be necessary; (d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption; (e) any other function as may be prescribed. **69. Steering Committee of Authority.—(1) The Authority shall have a Steering Committee with** following members: (a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson—ex officio; (b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority—ex officio; (c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance—ex officio; (d) one State Adoption Resource Agency and two Specialised Adoption Agencies; (e) one adoptive parent and one adoptee; (f) one advocate or a professor having at least ten years of experience in family law; (g) Member-Secretary, who shall also be Chief Executive Officer of the organisation. (2) Criteria for the selection or nomination of the Members mentioned at (d) to (f), their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed. (3) The Steering Committee shall have the following functions, namely:— (a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner; (b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority; 33 ----- (c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the Central Government; (d) any other function that may be vested with it by the Central Government from time to time. (4) The Steering Committee shall meet once in a month in the manner as may be prescribed. (5) The Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity. **70. Powers of Authority.—(1) For the efficient performance of its functions, Authority shall have** the following powers, namely:— (a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies; (b) recommending to the concerned Government or Authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent noncompliance of the instructions issued by it; (c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to [him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974);](javascript:fnOpenLinkPopUp('783','16793');) (d) any other power that may be vested with it by the Central Government. (2) In case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shall prevail. **71. Annual Report of Authority.—(1) The Authority shall submit an annual report to the Central** Government in such manner as may be prescribed. (2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament. **72. Grants by Central Government.—(1) The Central Government shall, after due appropriation** made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of money as the Central Government may think fit for being utilised for performing the functions of Authority under this Act. (2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). **73. Accounts and audit of Authority.—(1) The Authority shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the Authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Authority. 34 ----- (5) The Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER IX OTHER OFFENCES AGAINST CHILDREN **74. Prohibition on disclosure of identity of children.—(1) No report in any newspaper, magazine,** news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published: Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child. (2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of. (3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both. **75. Punishment for cruelty to child.—Whoever, having the actual charge of, or control over, a** child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both: Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases: Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees: Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees. **76. Employment of child for begging.—(1) Whoever employs or uses any child for the purpose of** begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees: Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees. (2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in subsection (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2: Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation. **77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a** **child.—Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or** 35 ----- tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees. **78. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating** **liquor, narcotic drug or psychotropic substance.—Whoever uses a child, for vending, peddling,** carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine up to one lakh rupees. **79. Exploitation of a child employee.—Notwithstanding anything contained in any law for the time** being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees. _Explanation.—For the purposes of this section, the term “employment” shall also include selling_ goods and services, and entertainment in public places for economic gain. **80. Punitive measures for adoption without following prescribed procedures.—If any person or** organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this Act, such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both: Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 41 and its recognition under section 65 shall also be withdrawn for a minimum period of one year. **81. Sale and procurement of children for any purpose.—Any person who sells or buys a child for** any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees: Provided that where such offence is committed by a person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven years. **82. Corporal punishment.—(1) Any person in-charge of or employed in a child care institution, who** subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both. (2) If a person employed in an institution referred to in sub-section (1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter. (3) In case, where any corporal punishment is reported in an institution referred to in sub-section (1) and the management of such institution does not cooperate with any inquiry or comply with the orders of the Committee or the Board or court or State Government, the person in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupees. **83. Use of child by militant groups or other adults.—(1) Any non-State, self-styled militant group** or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees. (2) Any adult or an adult group uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees. 36 ----- **84. Kidnapping and abduction of child.—For the purposes of this Act, the provisions of sections** 359 to 369 of the Indian Penal Code (45 of 1860), shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordingly. **85. Offences committed on disabled children.—Whoever commits any of the offences referred to in** this Chapter on any child who is disabled as so certified by a medical practitioner, then, such person shall be liable to twice the penalty provided for such offence. _Explanation.—For the purposes of this Act, the term “disability” shall have the same meaning as_ [assigned to it under clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities,](javascript:fnOpenLinkPopUp('811','23205');) Protection of Rights and Full Participation) Act, 1995 (1 of 1996). **86 Classification of offences and designated court.—(1) Where an offence under this Act is** punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. (2) Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class. (3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate. **87. Abetment.—Whoever abets any offence under this Act, if the act abetted is committed in** consequence of the abetment, shall be punished with the punishment provided for that offence. _Explanation.—An act or offence is said to be committed in consequence of abetment, when it is_ committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. **88. Alternative punishment.—Where an act or omission constitutes an offence punishable under this** Act and also under any other law for the time being in force, then, notwithstanding anything contained in any such law, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degree. **89. Offence committed by child under this Chapter.—Any child who commits any offence under** this Chapter shall be considered as a child in conflict with law under this Act. CHAPTER X MISCELLANEOUS **90. Attendance of parent or guardian of child.—The Committee or the Board, as the case may be,** before which a child is brought under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of the child to be present at any proceeding in respect of that child. **91. Dispensing with attendance of child.—(1) If, at any stage during the course of an inquiry, the** Committee or the Board is satisfied that the attendance of the child is not essential for the purpose of inquiry, the Committee or the Board, as the case may be, shall dispense with the attendance of a child and limit the same for the purpose of recording the statement and subsequently, the inquiry shall continue even in the absence of the child concerned, unless ordered otherwise by the Committee or the Board. (2) Where the attendance of a child is required before the Board or the Committee, such child shall be entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure incurred, by the Board, or the Committee or the District Child Protection Unit, as the case may be. **92. Placement of a child suffering from disease requiring prolonged medical treatment in an** **approved place.—When a child, who has been brought before the Committee or the Board, is found to** be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the Committee or the Board, as the case may be, may send the child to any place recognised as a fit facility as prescribed for such period as it may think necessary for the required treatment. 37 ----- **93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.—(1) Where it** appears to the Committee or the Board that any child kept in a special home or an observation home or a Children’s Home or in an institution in pursuance of the provisions of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the Committee or the Board, may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 (14 of 1987) or the rules made thereunder. (2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the inpatient treatment of such child. _Explanation.—For the purposes of this sub-section,—_ (a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it under the scheme called “Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force; [(b) “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2 of](javascript:fnOpenLinkPopUp('1829','70696');) the Mental Health Act, 1987 (14 of 1987); (c) “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning assigned to [it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987).](javascript:fnOpenLinkPopUp('1829','70696');) **94. Presumption and determination of age.—(1) Where, it is obvious to the Committee or the** Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 14 or section 36, as the case may be, without waiting for further confirmation of the age. (2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining— (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board: Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order. (3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of that person. **95. Transfer of a child to place of residence.—(1) If during the inquiry it is found that a child hails** from a place outside the jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after due inquiry that it is in the best interest of the child and after due consultation with the Committee or the Board of the child’s home district, order the transfer of the child, as soon as possible, to the said Committee or the Board, along with relevant documents and following such procedure as may be prescribed: Provided that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the Board: 38 ----- Provided further that in case of inter-State transfer, the child shall be, if convenient, handed over to the Committee or the Board, as the case may be, of the home district of the child, or to the Committee or the Board in the capital city of the home State. (2) Once the decision to transfer is finalised, the Committee or Board, as the case may be, shall give an escort order to the Special Juvenile Police Unit to escort the child, within fifteen days of receiving such order: Provided that a girl child shall be accompanied by a woman police officer: Provided further that where a Special Juvenile Police Unit is not available, the Committee or Board, as the case may be, shall direct the institution where the child is temporarily staying or District Child Protection Unit, to provide an escort to accompany the child during travel. (3) The State Government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance. (4) The Committee or the Board, as the case may be, receiving the transferred child will process for restoration or rehabilitation or social re-integration, as provided in this Act. **96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person in** **different parts of India.—(1) The State Government may at any time, on the recommendation of a** Committee or Board, as the case may be, notwithstanding anything contained in this Act, and keeping the best interest of the child in mind, order the child’s transfer from any Children’s Home or special home or fit facility or fit person, to a home or facility, within the State with prior intimation to the concerned Committee or the Board: Provided that for transfer of a child between similar home or facility or person within the same district, the Committee or Board, as the case may be, of the said district shall be competent to issue such an order. (2) If transfer is being ordered by a State Government to an institution outside the State, this shall be done only in consultation with the concerned State Government. (3) The total period of stay of the child in a Children’s Home or a special home shall not be increased by such transfer. (4) Orders passed under sub-sections (1) and (2) shall be deemed to be operative for the Committee or the Board, as the case may be, of the area to which the child is sent. **97. Release of a child from an institution.—(1) When a child is kept in a Children’s Home or** special home, on a report of a probation officer or social worker or of Government or a voluntary or nongovernmental organisation, as the case may be, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation: Provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned home. (2) If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home: Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. **98. Leave of absence to a child placed in an institution.—(1) The Committee or the Board, as the** case may be, may permit leave of absence to any child, to allow him, on special occasions like examination, marriage of relatives, death of kith or kin or accident or serious illness of parent or any 39 ----- emergency of like nature, under supervision, for a period generally not exceeding seven days in one instance, excluding the time taken in journey. (2) The time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this section, shall be deemed to be part of the time for which he is liable to be kept in the Children’s Home or special home. (3) If a child refuses, or has failed to return to the Children’s Home or special home, as the case may be, on the leave period being exhausted or permission being revoked or forfeited, the Board or Committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home: Provided that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure. **99. Reports to be treated as confidential.—(1) All reports related to the child and considered by the** Committee or the Board shall be treated as confidential: Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another Committee or Board or to the child or to the child’s parent or guardian, and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report. (2) Notwithstanding anything contained in this Act, the victim shall not be denied access to their case record, orders and relevant papers. **100. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, or the State Government or any person acting under the directions of the Central Government or State Government, as the case may be, in respect of anything which is done in good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder. **101. Appeals.—(1) Subject to the provisions of this Act, any person aggrieved by an order made by** the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children’s Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate: Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days. (2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has been obtained by the Board in passing the order under the said section. (3) No appeal shall lie from,— (a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or (b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. (4) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section. (5) Any person aggrieved by an order of the Children’s Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974). 40 ----- **102. Revision.—The High Court may, at any time, either on its own motion or on an application** received in this behalf, call for the record of any proceeding in which any Committee or Board or Children’s Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. **103. Procedure in inquiries, appeals and revision proceedings.—(1) Save as otherwise expressly** provided by this Act, a Committee or a Board while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trial of summons cases. (2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). **104. Power of the Committee or the Board to amend its own orders.—(1) Without prejudice to** the provisions for appeal and revision contained in this Act, the Committee or the Board may, on an application received in this behalf, amend any orders passed by itself, as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act: Provided that during the course of hearing for amending any such orders, there shall be at least two members of the Board of which one shall be the Principal Magistrate and at least three members of the Committee and all persons concerned, or their authorised representatives, whose views shall be heard by the Committee or the Board, as the case may be, before the said orders are amended. (2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Committee or the Board, as the case may be, either on its own motion or on an application received in this behalf. **105. Juvenile justice fund.—(1) The State Government may create a fund in such name as it thinks** fit for the welfare and rehabilitation of the children dealt with under this Act. (2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation. (3) The fund created under sub-section (1) shall be administered by the Department of the State Government implementing this Act in such manner and for such purposes as may be prescribed. **106. State Child Protection Society and District Child Protection Unit.—Every State Government** shall constitute a Child Protection Society for the State and Child Protection Unit for every District, consisting of such officers and other employees as may be appointed by that Government, to take up matters relating to children with a view to ensure the implementation of this Act, including the establishment and maintenance of institutions under this Act, notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed. **107. Child Welfare Police Officer and Special Juvenile Police Unit.—(1) In every police station, at** least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may be designated as the child welfare police officer to exclusively deal with children either as victims or perpetrators, in co-ordination with the police, voluntary and non-governmental organisations. (2) To co-ordinate all functions of police related to children, the State Government shall constitute Special Juvenile Police Units in each district and city, headed by a police officer not below the rank of a Deputy Superintendent of Police or above and consisting of all police officers designated under subsection (1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman. 41 ----- (3) All police officers of the Special Juvenile Police Units shall be provided special training, especially at induction as child welfare police officer, to enable them to perform their functions more effectively. (4) Special Juvenile Police Unit also includes Railway police dealing with children. **108. Public awareness on provisions of Act.—The Central Government and every State** Government, shall take necessary measures to ensure that— (a) the provisions of this Act are given wide publicity through media including television, radio and print media at regular intervals so as to make the general public, children and their parents or guardians aware of such provisions; (b) the officers of the Central Government, State Government and other concerned, persons are imparted periodic training on the matters relating to the implementation of the provisions of this Act. **109. Monitoring of implementation of Act.—(1) The National Commission for Protection of Child** [Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child](javascript:fnOpenLinkPopUp('2139','86471');) [Rights constituted under section 17 (herein referred to as the National Commission or the State](javascript:fnOpenLinkPopUp('2139','86488');) Commission, as the case may be), of the Commissions for Protection of Child rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under the said Act, also monitor the implementation of the provisions of this Act, in such manner, as may be prescribed. (2) The National Commission or, as the case may be, the State Commission, shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in the National Commission or the State Commission under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). (3) The National Commission or, as the case may be, the State Commission, shall also include its [activities under this section, in the annual report referred to in section 16 of the Commissions for](javascript:fnOpenLinkPopUp('2139','86486');) Protection of Child Rights Act, 2005 (4 of 2006). **110. Power to make rules.—(1) The State Government shall, by notification in the Official Gazette,** make rules to carry out the purposes of this Act: Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2; (ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (17) of section 2; (iii) qualifications of the members of the Board under sub-section (2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section (5) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section (6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 7; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8; (viii) any other function of the Board under clause (n) of sub-section (3) of section 8; 42 ----- (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 10; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a Board under sub-section (2) of section 12; (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section (3) of section 16; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section (2) of section 24; (xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 27; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section (1) of section 28; (xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 30; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Children’s Home or fit facility or fit person under sub-section (2) of section 31; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 36; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a Children’s Home or with a fit facility or person or foster family, may be reviewed by the Committee under sub-section (3) of section 36; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section (4) of section 36; (xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 37; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 38; (xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 41; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 41; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 43; (xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 44; (xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44; (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 44; 43 ----- (xxix) procedure and criteria in which foster care services shall be provided to children under sub section (7) of section 44; (xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 44; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 45; (xxxii) duration of sponsorship under sub-section (3) of section 45; (xxxiii) manner of providing financial support to any child leaving institutional care on completing eighteen years of age under section 46; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 47; (xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 48; (xxxvi) monitoring and management of children’s homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 50; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 51; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the Board or the Committee under sub-section (1) of section 52; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 53; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 53; (xli) activities that may be taken up by children’s committees under sub-section (3) of section 53; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 54; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 55; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66; (xlv) any other function of the Authority under clause (e) of section 68; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 69; 44 ----- (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 69; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 71; (xlix) functions of the Authority under sub-section (2) of section 72; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 73; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 92; (lii) procedure for transfer of child under sub-section (1) of section 95; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 95; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section (1) of section 103; (lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 105; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 106; (lvii) to enable the National Commission, or as the case may be, the State Commission to monitor implementation of the provisions of this Act under sub-section (1) of section 109; (lviii) any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. **111. Repeal and savings.—(1) The Juvenile Justice (Care and Protection of Children) Act, 2000** (56 of 2000) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. **112. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 45 -----

11-Oct-1987

39

The legal services authorities act, 1987

https://www.indiacode.nic.in/bitstream/123456789/19023/1/legal_service_authorities_act%2c_1987.pdf

Andaman and Nicobar Islands

# THE LEGAL SERVICES AUTHORITIES ACT, 1987 ________ ARRANGEMENT OF SECTIONS ________ # CHAPTER I PRELIMINARY # SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL LEGAL SERVICES AUTHORITY 3. Constitution of the National Legal Services Authority. 3A. Supreme Court Legal Services Committee. 4. Functions of the Central Authority. 5. Central Authority to work in coordination with other agencies. CHAPTER III STATE LEGAL SERVICES AUTHORITY 6. Constitution of State Legal Services Authority. 7. Functions of the State Authority. 8. State Authority to act in coordination with other agencies, etc., and be subject to directions given by the Central Authority. 8A. High Court Legal Services Committee. 9. District Legal Services Authority. 10. Functions of the District Authority 11. District Authority to act in coordination with other agencies and be subject to directions given by the Central Authority, etc. 11A. Taluk Legal Services Committee. 11B. Functions of Taluk Legal Services Committee. CHAPTER IV ENTITLEMENT TO LEGAL SERVICES 12. Criteria for giving legal services. 13. Entitlement of legal services. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 14. Grants by the Central Government. 1 ----- SECTIONS 15. National Legal Aid Fund. 16. State Legal Aid Fund. 17. District Legal Aid Fund. 18. Accounts and audit. CHAPTER VI LOKADALATS 19. Organisation of Lok Adalats. 20. Cognizance of cases by Lok Adalats. 21. Award of Lok Adalat. 22. Powers of Lok Adalat or Permanent Lok Adalat. CHAPTER VIA PRE-LITIGATION CONCILIATION AND SETTLEMENT 22A. Definitions. 22B. Establishment of Permanent Lok Adalats. 22C. Cognizance of cases by Permanent Lok Adalat. 22D. Procedure of Permanent Lok Adalat. 22E.Award of Permanent Lok Adalat to be final. CHAPTER VII MISCELLANEIOUS 23. Members and staff of Authorities, Committees and Lok Adalats to be public servants. 24. Protection of action taken in good faith. 25. Act to have overriding effect. 26. Power to remove difficulties. 27. Power of Central Government to make rules. 28. Power of State Government to make rules. 29.Power of Central Authority to make regulations. 29A. Power of State Authority to make regulations. 30. Laying of rules and regulations 2 ----- # THE LEGAL SERVICES AUTHORITIES ACT, 1987 # ACT NO. 39 OF 1987 [11th October, 1987.] # An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. BE it enacted by the Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—This Act may be called the Legal Services Authorities** Act, 1987. (2) It extends to the whole of India, [1]***. (3) It shall come into force on such date[2] as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State. **2. Definitions.—In this Act, unless the context otherwise requires,—** 3[(a) “case” includes a suit or any proceeding before a court; (aa) “Central Authority” means the National Legal Services Authority constituted under section3; (aaa) “court” means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions;] (b) “District Authority” means a District Legal Services Authorityconstituted under section9; 4[(bb) “High Court Legal Services Committee” means a High Court Legal Services Committee constituted under section8A;] (c) “legal service” includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter; (d)“Lok Adalat” means a Lok Adalat organised under Chapter VI; (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; 3[(ff) “regulations” means regulations made under this Act;] (g) “scheme” means any scheme framed by the Central Authority, a State Authority or a District Authority for the purpose of giving effect to any of the provisions of this Act; (h) “State Authority” means a State Legal Services Authority constituted under section6; (i) “State Government” includes the administrator of a Union territory appointed by the President under article 239 of the Constitution; 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 2. 9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Subs. by Act 59 of 1994, s. 2, for clause (a) (w.e.f. 29-10-1994). 4. Ins. by s. 2, ibid. (w.e.f. 29-10-1994). 3 ----- 1[(j) “Supreme Court Legal Services Committee” means the Supreme Court Legal Services Committee constituted under section3A; (k) “Taluk Legal Services Committee” means a Taluk Legal Services Committee constituted under section11A.] (2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. CHAPTER II THE NATIONAL LEGAL SERVICES AUTHORITY **2[3. Constitution of the National Legal Services Authority.—(1) The Central Government shall** constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under this Act. (2) The Central Authority shall consist of— (a) theChief Justice of India who shall be the Patron-in-Chief; (b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and (c) such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that Government in consultation with the Chief Justice of India. (3) The Central Government shall, in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority. (4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. (5) The Central Authority may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions under this Act. (6) The officers and other employees of the Central Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India. (7) The administrative expenses of the Central Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India. (8) All orders and decisions of the Central Authority shall be authenticated by the Member-Secretary or any other officer of the Central Authority duly authorised by the Executive Chairman of that Authority. (9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Central Authority. **3A. Supreme Court Legal Services Committee.—(1) The Central Authority shall constitute a** committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such 1. Ins. by Act 59 of 1994, s. 2 (w.e.f. 29-10-1994). 2. Subs. by s. 3, ibid., for section 3 (w.e.f. 29-10-1994). 4 ----- powers and performing such functions as may be determined by regulations made by the Central Authority. (2) The Committee shall consist of— (a) a sitting Judge of the Supreme Court who shall be the Chairman; and (b) such number of other members possessing such experience and qualifications as may be prescribed by the Central Government, to be nominated by the Chief Justice of India. (3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government. (4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the Central Authority. (5) The Committee may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions. (6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.] **4. Functions of the Central Authority.—The Central Authority shall [1]*** perform all or any of the** following functions, namely:— (a) lay down policies and principles for making legal services available under the provisions of this Act; (b) frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act; (c) utilise the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities; (d) take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills; (e) organise legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through LokAdalats; (f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation; (g) undertake and promote research in the field of legal services with special reference to the need for such services among the poor; (h) to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution; (i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this Act; 1. The words “, subject to the general directions of the Central Government,” omitted by Act of 59 of 1994, s. 4 (w.e.f. 29-101994). 5 ----- 1[(j) provide grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes under the provisions of this Act;] (k) develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions; (l) take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures; (m) make special efforts to enlist the support of voluntary social welfare institutions working at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and rural and urban labour; and (n) coordinate and monitor the functioning of [2][State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and voluntary social service institutions] and other legal services organisations and give general directions for the proper implementation of the legal services programmes. **5. Central Authority to work in coordination with other agencies.—In the discharge of its** functions under this Act, the Central Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor. CHAPTER III STATE LEGAL SERVICESAUTHORITY **3[6. Constitution of State Legal Services Authority.—(1) Every State Government shall constitute a** body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Authority under this Act. (2) A State Authority shall consist of— (a) the Chief Justice of the High Court who shall be the Patron-in-Chief; (b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and (c) such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority. Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately before the date of constitution of the State Authority may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not exceeding five years. 1. Subs. by Act 59 of 1994, s. 4, for clause (j) (w.e.f. 29-10-1994). 2. Subs. by s. 4, ibid., for “State and District Authorities and other voluntary social welfare institutions” (w.e.f. 29-10-1994). 3. Subs. by s. 5,ibid., for section 6 (w.e.f. 29-10-1994). 6 ----- (4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (5) The State Authority may appoint such number of officers and other employees as may be prescribed by the State Government, in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under thisAct. (6) The officers and other employees of the State Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (7) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authorityshall be defrayed out of the Consolidated Fund of the State. (8) All orders and decisions of the State Authority shall be authenticated by the Member-Secretary or any other officer of the State Authority duly authorised by the Executive Chairman of the State Authority. (9) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the State Authority.] **7. Functions of the State Authority.—(1) It shall be the duty of the State Authority to give to effect** to the policy and directions of the Central Authority. (2) Without prejudice to the generality of the functions referred to in sub-section(1), the State Authority shall perform all or any of the following functions, namely:— (a) give legal service to persons who satisfy the criteria laid down under this Act; (b) conduct[1][LokAdalats, including LokAdalats for High Court cases]; (c) undertake preventive and strategic legal aid programmes; and (d) perform such other functions as the State Authority may, in consultation with the [2][Central Authority], fix by regulations. **3[8. State Authority to act in coordination with other agencies., etc., and be subject to directions** **given by the Central Authority.—In the discharge of its functions the State Authority shall** appropriately act in coordination with other governmentalagencies, non-governmental voluntary social service institutions, universities and other bodies engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority may give to it in writing. **8A. High Court Legal Services Committee.—(1) The State Authority shall constitute a Committee** to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority. (2) The Committee shall consist of— (a) a sitting Judge of the High Court who shall be the Chairman; and (b) such number of other members possessing such experience and qualifications as may be determined by regulations made by the State Authority, to be nominated by the Chief Justice of the High Court. (3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government. 1. Subs. by Act 59 of 1994, s. 6, for “LokAdalats” (w.e.f. 29-10-1994). 2. Subs. by s. 6, ibid., for “Central Government” (w.e.f. 29-10-1994). 3. Subs. by s. 7, ibid., for sections 8 and 9 (w.e.f. 29-10-1994). 7 ----- (4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the State Authority. (5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Governmentin consultation with the Chief Justice of the High Court for the efficient discharge of its functions. (6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of Service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. **9. District Legal Services Authority.—(1) The State Government shall, in consultation with the** Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority under this Act. (2) A District Authority shall consist of— (a) the District Judge who shall be its Chairman; and (b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the DistrictJudiciary as Secretary of the District Authority to exercise such powers and perform such duties under the Chairman of that Committee as may be assigned to him by such Chairman. (4) The terms of office and other conditions relating thereto, of members and Secretary of the District Authority shall be such as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court. (5) The District Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions. (6) The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (7) The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority, shall be defrayed out of the Consolidated Fund of the State. (8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer of the District Authority duly authorised by the Chairman of that Authority. (9) No act or proceeding of the District Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the District Authority.] **10. Functions of the District Authority.—(1) It shall be the duty of every District Authority to** perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority. (2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may perform all or any of the following functions, namely:— 1[(a) coordinate the activities of the Taluk Legal Services Committee and other legal services in the District;] 1. Subs. by Act 59 of 1994, s. 8, for clause (a) (w.e.f. 29-10-1994). 8 ----- (b) organize Lok Adalats within the District; and (c) perform such other functions as the State Authority may [1]*** fix by regulations. **11. District Authority to act in coordination with other agencies and be subject to directions** **given by the Central Authority, etc.—In the discharge of its functions under this Act, the District** Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority or the State Authority may give to it in writing. **2[11A. Taluk Legal Services Committee.—(1) The State Authority may constitute a Committee, to** be called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals. (2) The Committee shall consist of— (a) The [3][senior-most Judicial Officer] operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and (b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions. (4) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (5) The administrative expenses of the Committee shall be defrayed out of the District Legal Aid Fund by the District Authority. **11B. Functions of Taluk Legal Services Committee.—The Taluk Legal Services Committee may** perform all or any of the following functions, namely:— (a) co-ordinate the activities of legal services in the taluk; (b) organize Lok Adalats within the taluk; and (c) perform such other functions as the District Authority may assign to it.] CHAPTER IV ENTITLEMENT TO LEGAL SERVICES **12. Criteria for giving legal services.—Every person who has to file or defend a case shall be** entitled to legal services under this Act if that person is— (a) a member of a Scheduled Caste or Scheduled Tribe; (b) a victim of trafficking in human beings or _begar as referred to in article 23 of the_ Constitution; (c) a woman or a child; 4[(d) a person with disability as defined in clause (i) of section2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);] 1. The words “, in consultation with the State Government,” omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-1994). 2. Ins. by s. 9, ibid. (w.e.f. 29-10-1994). 3. Subs. by Act 37 of 2002, s. 2, for “senior Civil Judge” (w.e.f. 11-6-2002). 4. Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996). 9 ----- (e) a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster; or (f) an industrial workman; or (g) in custody, including custody in a protective home within the meaning of clause (g) of section2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section2 of the Mental Health Act, 1987 (14 of 1987); or 1[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.] **13. Entitlement of legal services.—(1) Persons who satisfy all or any of the criteria specified in** section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has aprima facie case to prosecute or to defend. (2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit. CHAPTER V FINANCE, ACCOUNTS AND AUDIT **14. Grants by the Central Government.—The Central Government shall, after due appropriation** made by Parliament by law in this behalf, pay to the Central Authority, by way of grants, such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **15. National Legal Aid Fund.—(1) The Central Authority shall establish a fund to be called the** National Legal Aid Fund and there shall be credited thereto— (a) all sums of money given as grants by the Central Government under section 14; (b) any grants or donations that may be made to the Central Authority by any other person for the purposes of this Act; (c) any amount received by the Central Authority under the orders of any court or from any other source. (2) The National Legal Aid Fund shall be applied for meeting— (a) the cost of legal services provided under this Act including grants made to State Authorities; 2[(b) the cost of legal services provided by the Supreme Court Legal Services Committee; (c) any other expenses which are required to be met by the Central Authority.] **16. State Legal Aid Fund.—(1) A State Authority shall establish a fund to be called the State Legal** Aid Fund and there shall be credited thereto— (a) all sums of money paid to it or any grants by the Central Authority for the purposes of this Act; (b) any grants or donations that may be made to the State Authority by the State Government or by any person for the purposes of this Act; (c) any other amount received by the State Authority under the orders of any court or from any other source. 1. Subs. by Act 59 of 1994, s. 10, for clause (h) (w.e.f. 29-10-1994). 2. Subs. by s. 11, ibid., for clause (b) (w.e.f. 29-10-1994). 10 ----- (2) A State Legal Aid Fund shall be applied for meeting— (a) the cost of functions referred to in section 7; 1[(b) the cost of legal services provided by the High Court Legal Services Committee; (c) any other expenses which are required to be met by the State Authority.] **17. District Legal Aid Fund.—(1) Every District Authority shall establish a fund to be called the** District Legal Aid Fund and there shall be credited thereto— (a) all sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act; 2[(b) any grants or donations that may be made to the District Authority by any person, with the prior approval of the State Authority, for the purposes of this Act;] (c) anyother amount received by the District Authority under the orders of any court or from any other source. (2) A District Legal Aid Fund shall be applied for meeting— (a) the cost of functions referred to in section 10 [3][and 11B]; (b) any other expenses which are required to be met by the District Authority. **18. Accounts and audit.—(1) The Central Authority, State Authority, or the District Authority** (hereinafter referred to in this section as ‘the authority’), as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority concerned to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the auditing of the accounts of an Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authorities under this Act. (4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually by the Authorities to the Central Government or the State Governments, as the case may be. 4[(5) The Central Government shall cause the accounts and the audit report received by it under subsection (4) to be laid, as soon as may be after they are received, before each House of Parliament. (6) The State Government shall cause the accounts and the audit report received by it under subsection (4) to be laid, as soon as may be after they are received, before the State Legislature.] CHAPTER VI LOK ADALATS **5[19. Organisation of Lok Adalats.—(1) Every State Authority or District Authority or the Supreme** Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, 1. Subs. by Act 59 of 1994, s. 12, for clause (b) (w.e.f. 29-10-1994). 2. Subs. by s. 13, ibid., for clause (b) (w.e.f. 29-10-1994). 3. Ins. by s. 13, ibid. (w.e.f. 29-10-1994). 4. Ins. by s. 14, ibid. (w.e.f. 29-10-1994). 5. Subs. by s. 15, ibid., for sections 19 and 20 (w.e.f. 29-10-1994). 11 ----- Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. (2) Every Lok Adalat organised for an area shall consist of such number of— (a) serving or retired judicial officers; and (b) other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok Adalat. (3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. (4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of— (i) any case pending before; or (ii) any matter which is falling within the jurisdiction of, and is not brought before, any Court for which the Lok Adalat is organised: Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. **20. Cognizance of cases by Lok Adalats.—(1) Where in any case referred to in clause (i) of** sub-section (5) of section 19,— (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application to the Court, for referring the case to the Lok Adalat for settlement and if such court isprima facie satisfied that there are chances of such settlement; or (ii) thecourt is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. 12 ----- (4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlementcould be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court. (7) Where the record of the case if returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1).] **21. Award of Lok Adalat.—[1][(1) Every award of the Lok Adalat shall be deemed to be a decree of a** civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section(1) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).] (2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award. **22. Powers of [2][Lok Adalat or Permanent Lok Adalat.]—(1) The [2][Lok Adalat or Permanent Lok** Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:— (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record or document or copy of such record or document from any court or office; and (e) such other matters as may be prescribed. (2) Without prejudice to the generality of the powers contained in sub-section (1), every [2][Lok Adalat or Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. (3) All proceedings before a [2][Lok Adalat or Permanent Lok Adalat] shall be deemed to be judicial proceedings within the meaning of sections 193,219 and 228 of the Indian Penal Code (45 of 1860) and every [2][Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the purpose of section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 3[CHAPTER VIA PRE-LITIGATION CONCILIATION AND SETTLEMENT **22A. Definitions.—In this Chapter and for the purposes of sections 22 and 23, unless the context** otherwise requires,— (a) “Permanent Lok Adalat” means a Permanent Lok Adalat established under sub-section (1) of section22B; 1. Subs. by Act 59 of 1994, s. 16, for sub-section (1) (w.e.f. 29-10-1994), 2. Subs. by Act 37 of 2002, s. 3, for “Lok Adalat” (w.e.f. 11-6-2002). 3. Ins. by s. 4, ibid. (w.e.f. 11-6-2002). 13 ----- (b) “public utility service” means any— (i) transport service for the carriage of passengers or goods by air, road or water; or (ii) postal, telegraph or telephone service; or (iii) supply of power, light or water to the public by any establishment; or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi)insurance service, and includes any service which the Central Government or the State Government, as the case may be, in the public interest, by notification, declare to be a public utility service for the purposes of this Chapter. **22B. Establishment of Permanent Lok Adalats.—(1) Notwithstanding anything contained in** section19, the Central Authority or, as the case may be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification. (2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall consist of— (a) a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat; and (b) two other persons having adequate experience in public utility service to be nominated by the Central Government or, as the case may be, the State Government on the recommendation of the Central Authority or, as the case may be, the State Authority, appointed by the Central Authority or, as the case may be, the State Authority, establishing such Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other persons referred to in clause (b) shall be such as may be prescribed by the Central Government. **22C. Cognizance of cases by Permanent Lok Adalat.—(1) Any party to a dispute may, before the** dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute: Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law: Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees: Provided also that the Central Government, may by notification, increase the limit often lakh rupees specified in the second proviso in consultation with the Central Authority. (2) After an application is made under sub-section(1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute. (3) Where an application is made to a Permanent Lok Adalat under sub-section(1), it— (a) shall direct each party to the application to file before it a written statement, stating therein the facts and nature of dispute under the application, points or issues in such dispute and grounds relied in support of, or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application; (b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings; 14 ----- (c) shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party to present reply thereto. (4) When statement, additional statement and reply, if any, have been filed under sub-section(3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings between the parties to the application in such manner as it thinks appropriate taking into account the circumstances of the dispute. (5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under sub-section(4), assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner. (6) It shall be the duty of the every party to the application to cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the direction of the Permanent Lok Adalat to produce evidence and other related documents before it. (7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion that there exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the Permanent Lok Adalat shall pass an award in terms thereof and furnish a copy of the same to each of the parties concerned. (8) Where the parties fail to reach at an agreement under sub-section (7), the Permanent Lok Adalat shall, if the dispute does not relate to any offence, decide the dispute. **22D. Procedure of Permanent Lok Adalat.—The Permanent Lok Adalat shall, while conducting** conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872). **22E. Award of Permanent Lok Adalat to be final.—(1) Every award of the Permanent Lok Adalat** under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them. (2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court. (3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat. (4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding. (5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.] CHAPTER VII MISCELLANEOUS **1[23. Members and staff of Authorities, Committees and Lok Adalats to be public servants.—** The members including Member-Secretary or, as the case may be, Secretary of the Central Authority, the State Authority, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and officers and other employees of such Authorities, Committees and the [2][members of the Lok Adalats or the persons constituting Permanent Lok Adalats] shall be deemed to be public servants within the meaning of section21 of the Indian Penal Code (45 of 1860). 1. Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994), 2. Subs. by Act 37 of 2002, s. 5, for “members of the LokAdalats” (w.e.f. 11-6-2002). 15 ----- **24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against— (a) the Central Government or State Government; (b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other employees of the Central Authority; (c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other employees of the State Authority; (d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or the District Authority; or (e) any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, Member, Member-Secretary referred to in sub-clauses (b) to (d), for anything which is in good faith done or intended to be done under the provisions of this Act or any rule or regulation made thereunder.] **25. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of law other than this Act. **26. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **1[27. Power of Central Government to make rules.—(1) The Central Government in consultation** with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number, experience and qualifications of other members of the Central Authority under clause (c) of sub-section(2) of section3; (b) the experience and qualifications of the Member-Secretary of the Central Authority and his powers and functions under sub-section(3) of section3; (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the Central Authority under sub-section(4) of section 3; (d) the number of officers and other employees of the Central Authority under sub-section(5) of section3; (e) the conditions of service and the salary and allowances of officers and other employees of the Central Authority under sub-section(6) of section3; (f) the number, experience and qualifications of members of the Supreme Court Legal Services Committee under clause (b) of sub-section(2) of section 3A; (g) the experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section(3) of section3A; 1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994). 16 ----- (h) the number of officers and other employees of the Supreme Court Legal Services Committee under sub-section(5) of section 3A and the conditions of service and the salary and allowances payable to them under sub-section(6) of that section; (i) the upper limit of annual income of a person entitling him to legal services under clause (h) of section12, if the case is before the Supreme Court; (j) the manner in which the accounts of the Central Authority, the State Authority or the District Authority shall be maintained under section18; (k) the experience and qualifications of other persons of the LokAdalatsorganised by the Supreme Court Legal Services Committee specified in sub-section(3) of section19; (l) other matters under clause (e) of sub-section(1) of section22; 1[(la) the other terms and conditions of appointment of the Chairman and other persons under sub-section (2) of section 22B;] (m) any other matter which is to be, or may be, prescribed. **28. Power of State Government to make rules.—(1)The State Government in consultation with the** Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number, experience and qualifications of other members of the State Authority under clause (c) of sub-section(2) of section6; (b) the powers and functions of the Member-Secretary of the State Authority under sub-section(3) of section6; (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the State Authority under sub-section(4) of section6; (d) the number of officers and other employees of the State Authority under sub-section(5) of section6; (e) the conditions of service and the salary and allowances of officers and other employees of the State Authority under sub-section(6) of section6; (f) the experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section(3) of section 8A; (g) the number of officers and other employees of the High Court Legal Services Committee under sub-section(5) of section 8A and the conditions of service and the salary and allowances payable to them under sub-section(6) of that section; (h) the number, experience and qualifications of members of the District Authority under clause (b) of sub-section(2) of section9; (i) the number of officers and other employees of the District Authority under sub-section(5) of section9; (j) the conditions of service and the salary and allowances of the officers and other employees of the District Authority under sub-section(6) of section9; (k) the number, experience and qualifications of members of the Taluk Legal Services Committee under clause (b) of sub-section(2) of section 11A; (l) the number of officers and other employees of the Taluk Legal Services Committee under subsection(3) of section 11A; 1. Ins. by Act 37 of 2002, s. 6 (w.e.f. 11-6-2002). 17 ----- (m) the conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Services Committee under sub-section(4) of section 11A; (n) the upper limit of annual income of a person entitling him to legal services under clause (h) of section12, if the case is before a court, other than the Supreme Court; (o) the experience and qualifications of other persons of the LokAdalats other than referred to in sub-section(4) of section19; (p) any other matter which is to be, or may be, prescribed. **29. Power of Central Authority to make regulations.—(1) The Central Authority may, by** notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the powers and functions of the Supreme Court Legal Services Committee under subsection(1) of section3A; (b) the terms of office and other conditions relating thereto, of the members and Secretary of the Supreme Court Legal Services Committee under sub-section(4) of section3A. **29A. Power of State Authority to make regulations.—(1) The State Authority may, by** notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision in necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the other functions to be performed by the State Authority under clause (d) of sub-section(2) of section7; (b) the powers and functions of the High Court Legal Services Committee under sub-section(1) of section8A; (c) the number, experience and qualifications of members of the High Court Legal Services Committee under clause (b) of sub-section(2) of section8A; (d) the terms of office and other conditions relating thereto, of the members and Secretary of the High Court Legal Services Committee under sub-section(4) of section8A; (e) the term of office and other conditions relating thereto, of the members and Secretary of the District Authority under sub-section(4) of section9; (f) the number, experience and qualifications of members of the High Court Legal Services Committee under clause (b) of sub-section(2) of section 8A; (g) other functions to be performed by the District Authority under clause (c) of sub-section(2) of section10; (h) the term of office and other conditions relating thereto, of members and Secretary of the Taluk Legal Services Committee under sub-section(3) of section 11A.] **30. Laying of rules and regulations.—(1) Every rule made under this Act by the Central** Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of 18 ----- no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (2) Every rule made under this Act by a State Government and every regulation made by a State Authority thereunder shall be laid, as soon as may be after it is made, before the State Legislature. 19 -----

12-Apr-2017

14

The union territory goods and services tax act, 2017

https://www.indiacode.nic.in/bitstream/123456789/19017/1/ut_vat_act.pdf

Andaman and Nicobar Islands

# THE UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ADMINISTRATION 3. Officers under this Act. 4. Authorisation of officers. 5. Powers of officers. 6. Authorisation of officers of central tax as proper officer in certain circumstances. CHAPTER III LEVY AND COLLECTION OF TAX 7. Levy and collection. 8. Power to grant exemption from tax. CHAPTER IV PAYMENT OF TAX 9. Payment of tax. 9A. Utilisation of input tax credit. 9B. Order of utilisation of input tax credit. 10. Transfer of input tax credit. CHAPTER V INSPECTION, SEARCH, SEIZURE AND ARREST 11. Officers required to assist proper officers. CHAPTER VI DEMANDS AND RECOVERY 12. Tax wrongfully collected and paid to Central Government or Union territory Government. 13. Recovery of tax. CHAPTER VII ADVANCE RULING 14. Definitions. 15. Constitution of Authority for Advance Ruling. 16. Constitution of Appellate Authority for Advance Ruling. ----- SECTIONS CHAPTER VIII TRANSITIONAL PROVISIONS 17. Migration of existing tax payers. 18. Transitional arrangements for input tax credit. 19. Transitional provisions relating to job work. 20. Miscellaneous transitional provisions. CHAPTER IX MISCELLANEOUS 21. Application of provisions of Central Goods and Services Tax Act. 22. Power to make rules. 23. General power to make regulations. 24. Laying of rules, regulations and notifications. 25. Power to issue instructions or directions. 26. Removal of difficulties. ----- # THE UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 ACT NO. 14 OF 2017 [12th April, 2017.] # An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Union territories and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1.** **Short title, extent and commencement.—(1) This Act may be called the Union Territory Goods and** Services Tax Act, 2017. (2) It extends to the Union territories of the Andaman and Nicobar Islands, Lakshadweep, [1][Dadra and Nagar Haveli, Daman and Diu, Ladakh], Chandigarh and other territory. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2.** **Definitions.—In this Act, unless the context otherwise requires,—** (1) “appointed day” means the date on which the provisions of this Act shall come into force; (2) “Commissioner” means the Commissioner of Union territory tax appointed under section 3; (3) “designated authority” means such authority as may be notified by the Commissioner; (4) “exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be exempt from tax under section 8, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply; (5) “existing law” means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by Parliament or any Authority or person having the power to make such law, notification, order, rule or regulation; (6) “Government” means the Administrator or any Authority or officer authorised to act as Administrator by the Central Government; (7) “output tax” in relation to a taxable person, means the Union territory tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; (8) “Union territory” means the territory of,— (i) the Andaman and Nicobar Islands; (ii) Lakshadweep; 3[(iii) Dadra and Nagar Haveli and Daman and Diu; (iv) Ladakh;] (v) Chandigarh; or (vi) other territory. 1. Subs. by Act 12 of 2020, s. 136, for “Dadra and Nagar Haveli, Daman and Diu” (w.e.f. 27-3-2020). 2. 22nd, June, 2017 for sections 1, 2, 3,4,5, 17, 21 and 22 _vide notification No. G.S.R. 616(E) dated the 21st June, 2017,_ _see_ Gazette of India, Extraordinary, Part II, sec. 3(i). 1st July, 2017 for sections 6 to 16, 18 to 20 and 23 to 26 vide notification No. G.S.R. 701(E) dated the 28th June, 2017, see Gazette of India, Extraordinary, Part II, sec. 3(i) 3. Subs. by Act 12 of 2020, s. 137, for sub-clauses (iii) and (iv) (w.e.f. 27-3-2020). ----- _Explanation.—For the purposes of this Act, each of the territories specified in sub-clauses (i) to (vi)_ shall be considered to be a separate Union territory; (9) “Union territory tax” means the tax levied under this Act; (10) words and expressions used and not defined in this Act but defined in the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, the State Goods and Services Tax Act, and the Goods and Services Tax (Compensation to States) Act, shall have the same meaning as assigned to them in those Acts. CHAPTER II ADMINISTRATION **3.** **Officers under this Act.—The Administrator may, by notification, appoint Commissioners and such** other class of officers as may be required for carrying out the purposes of this Act and such officers shall be deemed to be proper officers for such purposes as may be specified therein: Provided that the officers appointed under the existing law shall be deemed to be the officers appointed under the provisions of this Act. **4.** **Authorisation of officers.—The Administrator may, by order, authorise any officer to appoint** officers of Union territory tax below the rank of Assistant Commissioner of Union territory tax for the administration of this Act. **5.** **Powers of officers.—(1) Subject to such conditions and limitations as the Commissioner may** impose, an officer of the Union territory tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of a Union territory tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of a Union territory tax who is subordinate to him. (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of Union territory tax. **6.** **Authorisation of officers of central tax as proper officer in certain circumstances.—(1) Without** prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify. (2) Subject to the conditions specified in the notification issued under sub-section (1),— (a) where any proper officer issues an order under this Act, he shall also issue an order under the Central Goods and Services Tax Act, as authorised by the said Act under intimation to the jurisdictional officer of central tax; (b) where a proper officer under the Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter. (3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods and Services Tax Act. CHAPTER III LEVY AND COLLECTION OF TAX **7.** **Levy and collection.—(1) Subject to the provisions of sub-section (2), there shall be levied a tax** called the Union territory tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding twenty per cent., as may be notified by the Central ----- Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. (2) The Union territory tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the Central Government on the recommendations of the Council. (3) The Central Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 1[(4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.] (5) The Central Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services: Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. **8.** **Power to grant exemption from tax.—(1) Where the Central Government is satisfied that it is** necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. (2) Where the Central Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable. (3) The Central Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. (4) Any notification issued by the Central Government under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the Central Goods and Services Tax Act shall be deemed to be a notification or, as the case may be, an order issued under this Act. 1. Subs. by Act 33 of 2018, s. 2 for sub-section (4) (w.e.f. 1-2-2019) ----- _Explanation.—For the purposes of this section, where an exemption in respect of any goods or services_ or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. CHAPTER IV PAYMENT OF TAX **9.** **Payment of tax.—The amount of input tax credit available in the electronic credit ledger of the** registered person on account of,— (a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; (b) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax: 1[Provided that the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax.]; (c) the Union territory tax shall not be utilised towards payment of central tax. 2[9A. Utilisation of input tax credit.—Notwithstanding anything contained in section 9, the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised towards such payment. **9B. Order of utilisation of input tax credit.—Notwithstanding anything contained in this Chapter** and subject to the provisions of clause (c) of section 9, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, Central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax.] **10.** **Transfer of input tax credit.—On utilisation of input tax credit of Union territory tax for payment** of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions of subsection (5) of section 49 of the Central Goods and Services Tax Act, as reflected in the valid return furnished under sub-section (1) of section 39 of the Central Goods and Services Tax Act, the amount collected as Union territory tax shall stand reduced by an amount equal to such credit so utilised and the Central Government shall transfer an amount equal to the amount so reduced from the Union territory tax account to the integrated tax account in such manner and within such time as may be prescribed. CHAPTER V INSPECTION, SEARCH, SEIZURE AND ARREST **11.** **Officers required to assist proper officers.—(1) All officers of Police, Railways, Customs, and** those officers engaged in the collection of land revenue, including village officers, and officers of central tax and officers of the State tax shall assist the proper officers in the implementation of this Act. (2) The Government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this Act when called upon to do so by the Commissioner. 1. The proviso ins. by Act 33 of 2018, s. 3 (w.e.f. 1-2-2019) 2. Ins. by s. 4, ibid., (w.e.f. 1-2-2019) ----- CHAPTER VI DEMANDS AND RECOVERY **12.** **Tax wrongfully collected and paid to Central Government or Union territory** **Government.—(1) A registered person who has paid the central tax and the Union territory tax on a** transaction considered by him to be an intra-State supply, but which is subsequently held to be an interState supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed. (2) A registered person who has paid integrated tax on a transaction considered by him to be an inter State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of the central tax and the Union territory tax payable. **13.** **Recovery of tax.—(1) Where any amount of tax, interest or penalty is payable by a person to the** Government under any of the provisions of this Act or the rules made thereunder and which remains unpaid, the proper officer of central tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of central tax and credit the amount so recovered to the account of the Government under the appropriate head of Union territory tax. (2) Where the amount recovered under sub-section (1) is less than the amount due to the Government under this Act and the Central Goods and Services Tax Act, the amount to be credited to the account of the Government shall be in proportion to the amount due as Union territory tax and central tax. CHAPTER VII ADVANCE RULING **14.** **Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “advance ruling” means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100 of the Central Goods and Services Tax Act, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant; (b) “Appellate Authority” means the Appellate Authority for Advance Ruling constituted under section 16; (c) “applicant” means any person registered or desirous of obtaining registration under this Act; (d) “application” means an application made to the Authority under sub-section (1) of section 97 of the Central Goods and Services Tax Act; (e) “Authority” means the Authority for Advance Ruling, constituted under section 15. **15.** **Constitution of Authority for Advance Ruling.—(1) The Central Government shall, by** notification, constitute an Authority to be known as the (name of the Union territory) Authority for Advance Ruling: Provided that the Central Government may, on the recommendations of the Council, notify any Authority located in any State or any other Union territory to act as the Authority for the purposes of this Act. (2) The Authority shall consist of— (i) one member from amongst the officers of central tax; and (ii) one member from amongst the officers of Union territory tax, to be appointed by the Central Government. (3) The qualifications, the method of appointment of the members and the terms and conditions of their service shall be such as may be prescribed. **16.** **Constitution of Appellate Authority for Advance Ruling. — (1) The Central Government shall,** by notification, constitute an Appellate Authority to be known as the (name of the Union territory) Appellate ----- Authority for Advance Ruling for Goods and Services Tax for hearing appeals against the advance ruling pronounced by the Advance Ruling Authority: Provided that the Central Government may, on the recommendations of the Council, notify any Appellate Authority located in any State or any other Union territory to act as the Appellate Authority for the purposes of this Act. (2) The Appellate Authority shall consist of— (i) the Chief Commissioner of central tax as designated by the Board; and (ii) the Commissioner of Union territory tax having jurisdiction over the applicant. CHAPTER VIII TRANSITIONAL PROVISIONS **17.** **Migration of existing tax payers.—(1) On and from the appointed day, every person registered** under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with. (2) The final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed. (3) The certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24 of the Central Goods and Services Tax Act. **18.** **Transitional arrangements for input tax credit.—(1) A registered person, other than a person** opting to pay tax under section 10 of the Central Goods and Services Tax Act, shall be entitled to take, in his electronic credit ledger, credit of the amount of Value Added Tax and Entry Tax, if any, carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law, not later than ninety days after the said day, in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circumstances, namely:— (i) where the said amount of credit is not admissible as input tax credit under this Act; or (ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed day; or (iii) where the said amount of credit relates to goods sold under such exemption notifications as are notified by the Government: Provided further that so much of the said credit as is attributable to any claim related to section 3, sub-section (3) of section 5, section 6 or section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 (74 of 1956) that is not substantiated in the manner, and within the period, prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 shall not be eligible to be credited to the electronic credit ledger: Provided also that an amount equivalent to the credit specified in the second proviso shall be refunded under the existing law when the said claims are substantiated in the manner prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957. (2) A registered person, other than a person opting to pay tax under section 10 of the Central Goods and Services Tax Act, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed: ----- Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as input tax credit under the existing law and is also admissible as input tax credit under this Act. _Explanation.—For the purposes of this section, the expression “unavailed input tax credit” means the_ amount that remains after subtracting the amount of input tax credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of input tax credit to which the said person was entitled in respect of the said capital goods under the existing law. (3) A registered person, who was not liable to be registered under the existing law or who was engaged in the sale of exempted goods or tax free goods or goods which have suffered tax at first point of their sale in the Union territory and the subsequent sales of which are not subject to tax in the Union territory under the existing law but which are liable to tax under this Act or where the person was entitled to the credit of input tax at the time of sale of goods, shall be entitled to take, in his electronic credit ledger, credit of the value added tax and entry tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:— (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is eligible for input tax credit on such inputs under this Act; (iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and (iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day: Provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing payment of tax in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed. (4) A registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger,— (a) the amount of credit of the value added tax and entry tax, if any, carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and (b) the amount of credit of the value added tax and entry tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or tax free goods in accordance with the provisions of subsection (3). (5) A registered person shall be entitled to take, in his electronic credit ledger, credit of value added tax and entry tax, if any, in respect of inputs received on or after the appointed day but the tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day: Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding thirty days: Provided further that the said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section. (6) A registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of ----- value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:— (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is not paying tax under section 10 of the Central Goods and Services Tax Act; (iii) the said registered person is eligible for input tax credit on such inputs under this Act; (iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of inputs; and (v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (7) The amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed. **19.** **Transitional provisions relating to job work.—(1) Where any inputs received at a place of** business had been dispatched as such or dispatched after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if such inputs are not returned within a period of six months or the extended period from the appointed day, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142 of the Central Goods and Services Tax Act. (2) Where any semi-finished goods had been despatched from any place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereinafter in this section referred to as “the said goods”) are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within a period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of subsection (8) of section 142 of the Central Goods and Services Tax Act: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying therefrom on payment of tax in India or without payment of tax for exports within six months or the extended period, as the case may be, from the appointed day. (3) Where any goods had been despatched from the place of business without payment of tax for carrying out tests or any other process to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods are returned to the said place of business on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to such place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: ----- Provided further that if the said goods are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of subsection (8) of section 142 of the Central Goods and Services Tax Act: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in India or without payment of tax for exports within six months or the extended period, as the case may be, from the appointed day. (4) The tax under sub-sections (1), (2) and (3) shall not be payable only if the person despatching the goods and the job worker declare the details of the inputs or goods held in stock by the job worker on behalf of the said person on the appointed day in such form and manner and within such time as may be prescribed. **20.** **Miscellaneous transitional provisions.—(1) Where any goods on which tax, if any, had been** paid under the existing law at the time of sale thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returned by a person, other than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer: Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply. (2) (a) Where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this Act. (b) Where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised downwards on or after the appointed day, the registered person who had sold such goods may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act: Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability. (3) Every claim for refund filed by any person before, on or after the appointed day, for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisions of the said law: Provided that where any claim for refund of the amount of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (4) Every claim for refund filed after the appointed day for refund of any tax paid under the existing law in respect of the goods exported before or after the appointed day shall be disposed of in accordance with the provisions of the existing law: Provided that where any for refund of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. ----- (5) (a) Every proceeding of appeal, revision, review or reference relating to a claim for input tax credit initiated whether before, on or after the appointed day, under the existing law shall be disposed of in accordance with the provisions of the existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act: Provided that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (b) Every proceeding of appeal, revision, review or reference relating to recovery of input tax credit initiated whether before, on or after the appointed day, under the existing law shall be disposed of in accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (6) (a) Every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and amount so recovered shall not be admissible as input tax credit under this Act. (b) Every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (7) (a) Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (8) (a) Where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) Where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (9) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act. (10) (a) Notwithstanding anything contained in section 12 of the Central Goods and Services Tax Act, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the existing law. ----- (b) Notwithstanding anything contained in section 13 of the Central Goods and Services Tax Act, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994 (32 of 1994). (c) Where tax was paid on any supply, both under any existing law relating to sale of goods and under Chapter V of the Finance Act, 1994 (32 of 1994), tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed. (11) Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day: Provided that the said period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this Act and are returned after the period specified in this sub-section: Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within the period specified in this sub-section. (12) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under any existing law relating to sale of goods and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 of the Central Goods and Services Tax Act, as made applicable to this Act, shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day. _Explanation.—For the purposes of this Chapter, the expression “capital goods” shall have the same_ meaning as assigned to it in any existing law relating to sale of goods. CHAPTER IX MISCELLANEOUS **21.** **Application of provisions of Central Goods and Services Tax Act.—Subject to the provisions** of this Act and the rules made thereunder, the provisions of the Central Goods and Services Tax Act, relating to,— (i) scope of supply; (ii) composition levy; (iii) composite supply and mixed supply; (iv) time and value of supply; (v) input tax credit; (vi) registration; (vii) tax invoice, credit and debit notes; (viii) accounts and records; (ix)returns; (x)payment of tax; (xi) tax deduction at source; (xii) collection of tax at source; (xiii) assessment; ----- (xiv) refunds; (xv) audit; (xvi) inspection, search, seizure and arrest; (xvii) demands and recovery; (xviii) liability to pay in certain cases; (xix) advance ruling; (xx) appeals and revision; (xxi) presumption as to documents; (xxii) offences and penalties; (xxiii) job work; (xxiv) electronic commerce; (xxv) settlement of funds; (xxvi) transitional provisions; and (xxvii) miscellaneous provisions including the provisions relating to the imposition of interest and penalty, shall, mutatis mutandis, apply,— (a) so far as may be, in relation to Union territory tax as they apply in relation to central tax as if they were enacted under this Act; (b) subject to the following modifications and alterations which the Central Government considers necessary and desirable to adapt those provisions to the circumstances, namely:— (i) references to “this Act” shall be deemed to be references to “the Union Territory Goods and Services Tax Act, 2017”; (ii) references to “Commissioner” shall be deemed to be references to “Commissioner” of Union territory tax as defined in clause (2) of section 2 of this Act; (iii) references to “officers of central tax” shall be deemed to be references to “officers of Union territory tax”; (iv) references to “central tax” shall be deemed to be references to “Union territory tax” and _vice versa;_ (v) references to “Commissioner of State tax or Commissioner of Union territory tax” shall be deemed to be references to “Commissioner of central tax”; (vi) references to “State Goods and Services Tax Act or Union Territory Goods and Services Tax Act” shall be deemed to be references to “Central Goods and Services Tax Act”; (vii) references to “State tax or Union territory tax” shall be deemed to be references to “central tax”. **22.** **Power to make rules.—(1) The Central Government may, on the recommendations of the** Council, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules. ----- (3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force. (4) Any rules made under sub-section (1) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees. **23.** **General power to make regulations.—The Board may, by notification, make regulations** consistent with this Act and the rules made thereunder to carry out the purposes of this Act. **24.** **Laying of rules, regulations and notifications.—Every rule made by the Central Government,** every regulation made by the Board and every notification issued by the Central Government under this Act, shall be laid, as soon as may be, after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. **25.** **Power to issue instructions or directions.—The Commissioner may, if he considers it necessary or** expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the Union territory tax officers as he may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and follow such orders, instructions or directions. **26.** **Removal of difficulties.—(1) If any difficulty arises in giving effect to any provision of this Act, the** Central Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of [1][five years] from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament. 1. Subs. by Act 12 of 2020, s. 138, for “three years” (w.e.f. 27-3-2020). -----

2-Sep-1968

46

The insecticides act, 1968

https://www.indiacode.nic.in/bitstream/123456789/19020/1/the_insecticides_act_1968.pdf

Andaman and Nicobar Islands

# THE INSECTICIDES ACT, 1968 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Application of other laws not barred. 3. Definitions. 4. The Central Insecticides Board. 5. Registration Committee. 6. Other committees. 7. Procedure for Board. 8. Secretary and other officers. 9. Registration of insecticides. 10. Appeal against non-registration or cancellation. 11. Power of revision of Central Government. 12. Licensing officers. 13. Grant of licence. 14. Revocation, suspension and amendment of licences. 15. Appeal against the decision of a licensing officer. 16. Central Insecticides Laboratory. 17. Prohibition of import and manufacture of certain insecticides. 18. Prohibition of sale, etc., of certain insecticides. 19. Insecticide Analysts. 20. Insecticide Inspectors. 21. Powers of Insecticide Inspectors. 22. Procedure to be followed by Insecticide Inspectors. 23. Persons bound to disclose place where insecticides are manufactured or kept. 24. Report of Insecticide Analyst. 25. Confiscation. 26. Notification of poisoning. 27. Prohibition of sale, etc., of insecticides for reasons of public safety. 28. Notification of cancellation of registration, etc. 29. Offences and punishment. 30. Defences which may or may not be allowed in prosecutions under this Act. 31. Cognizance and trial of offences. 31A. Special Courts. 32. [Repealed.] 1 ----- SECTIONS 33. Offences by companies. 34. Power of Central Government to give directions. 35. Protection of action taken in good faith. 36. Power of Central Government to make rules. 37. Power of the State Governments to make rules. 38. Exemption. THE SCHEDULE. 2 ----- # THE INSECTICIDES ACT, 1968 ACT NO. 46 OF 1968 [2nd September, 1968.] # An Act to regulate the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Insecticides Act, 1968.** (2) It extends to the whole of India. (3) It shall come into force on such date[1 ] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States and for different provisions of this Act. **2. Application of other laws not barred.—The provisions of this Act shall be in addition to, and not** in derogation of, any other law for the time being in force. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “animals” means animals useful to human beings and includes fish and fowl, and such kinds of wild life as the Central Government may, by notification in the Official Gazette, specify, being kinds which, in its opinions, it is desirable to protect or preserve; (b) “Board” means the Central Insecticides Board constituted under section 4; (c) “Central Insecticides Laboratory” means the Central Insecticides Laboratory established or as the case may be, the Institution specified, under section 16; (d) “import” means bringing into any place within the territories to which this Act extends from a place outside those territories; (e) “insecticide” means— (i) any substance specified in the Schedule; or (ii) such other substances (including fungicides and weedicides) as the Central Government may, after consultation with the Board, by notification in the Official Gazette, include in the Schedule from time to time; or (iii) any preparation containing any one or more of such substances; (f) “Insecticide Analyst” means an Insecticide Analyst appointed under section 19; (g) “Insecticide Inspector” means an Insecticide Inspector appointed under section 20; (h) “label” means any written, printed or graphic matter on the immediate package and on every other covering in which the package is placed or packed and includes any written, printed or graphic matter accompanying the insecticide; (i) “licensing officer” means a licensing officer appointed under section 12; (j) “manufacture”, in relation to any insecticide, includes— (i) any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any insecticide with a view to its sale, distribution or use but does not include the packing or breaking up of any insecticide in the ordinary course of retail business; and 1. 1st March, 1971, vide notification No. G.S.R. 300, dated 27th February, 1971, in respect of ss. 4, 7, 8 and 36, _see Gazette of_ India, Extraordinary, Part II, sec. 3(i). 1st August, 1971, vide notification No. G.S.R. 1108, dated the 28th July, 1971, in respect of remaining provisions see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- (ii) any process by which a preparation containing an insecticide is formulated; (k) “misbranded”—an insecticide shall be deemed to be misbranded— (i) if its label contains any statement, design or graphic representation relating thereto which is false or misleading in any material particular, or if its package is otherwise deceptive in respect of its contents; or (ii) if it is an imitation of, or is sold under the name of, another insecticide; or (iii) if its label does not contain a warning or caution which may be necessary and sufficient, if complied with, to prevent risk to human beings or animals; or (iv) if any word, statement or other information required by or under this Act to appear on the label is not displayed thereon in such conspicuous manner as the other words, statements, designs or graphic matter have been displayed on the label and in such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use; or (v) if it is not packed or labelled as required by or under this Act; or (vi) if it is not registered in the manner required by or under this Act; or (vii) if the label contains any reference to registration other than the registration number; or (viii) if the insecticide has a toxicity which is higher than the level prescribed or is mixed or packed with any substance so as to alter its nature or quality or contains any substance which is not included in the registration; (l) “package” means a box, bottle casket, tin, barrel, case, receptacle, sack, bag, wrapper, or other thing in which an insecticide is placed or packed; (m) “premises” means any land, shop, stall or place where any insecticide is sold or manufactured or stored or used, and includes any vehicle carrying insecticide; (n) “prescribed” means prescribed by rules made under this Act; (o) “registered”, with its grammatical variations and cognate expressions, means registered under this Act; (p) “sale”, with its grammatical variations and cognate expressions, means the sale of any insecticide, whether for cash or on credit and whether by wholesale or retail, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any insecticide and includes also an attempt to sell any such insecticide; (q) “State Government”, in relation to a Union territory, means the administrator thereof; (r) “worker” means a person employed under a contract of service or apprenticeship. **4. The Central Insecticides Board.—(1) The Central Government shall, as soon as may be,** constitute a Board to be called the, Central Insecticides Board to advise the Central Government and State Governments on technical matters arising out of the administration of this Act and to carry out the other functions assigned to the Board by or under this Act. (2) The matters on which the Board may advise under sub-section (1) shall include matters relating to— (a) the risk to human beings or animals involved in the use of insecticides and the safety measures necessary to prevent such risk; (b) the manufacture, sale, storage, transport and distribution of insecticides with a view to ensure safety to human beings or animals. (3) The Board shall consist of the following members, namely:— (i) the Director General of Heath Services, ex officio, who shall be the Chairman; 4 ----- (ii) the Drugs Controller, India, ex officio; (iii) the Plant Protection Adviser to the Government of India, ex officio; (iv) the Director of Storage and Inspection, Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food), ex officio; (v) the Chief Adviser of Factories, ex officio; (vi) the Director, National Institute of Communicable Diseases, ex officio; (vii) the Director General, Indian Council of Agricultural Research, ex officio; (viii) the Director General, Indian Council of Medical Research, ex officio; (ix) the Director, Zoological Survey of India, ex officio; (x) the Director General, Indian Standards Institution, ex officio; (xi) the Director-General of Shipping or, in his absence, the Deputy Director General of Shipping, Ministry of Transport and Shipping, ex officio; (xii) the Joint Director, Traffic (General), Ministry of Railways (Railway Board), ex officio; (xiii) the Secretary, Central Committee for Food Standards, ex officio; 1[(xiiia) the Animal Husbandry Commissioner, Department of Agriculture, ex officio; (xiiib) the Joint Commissioner (Fisheries), Department of Agriculture, ex officio; (xiiic) the Deputy Inspector General of Forests (Wild Life), Department of Agriculture, ex officio; (xiiid) the Industrial Adviser (Chemicals), Directorate General of Technical Development, _ex officio;]_ (xiv) one person to represent the Ministry of Petroleum and Chemicals, to be nominated by the Central Government; (xv) one pharmacologist to be nominated by the Central Government; (xvi) one medical texicologist to be nominated by the Central Government; (xvii) one person who shall be in charge of the department dealing with public health in a State, to be nominated by the Central Government; (xviii) two persons who shall be Directors of Agriculture in States, to be nominated by the Central Government; (xix) four persons, one of whom shall be an expert in industrial health and occupational hazards, to be nominated by the Central Government; (xx) one person to represent the Council of Scientific and Industrial Research to be nominated by the Central Government; 1[(xxi) one ecologist to be nominated by the Central Government.] (4) The persons nominated under clauses (xiv) to [2][(xxi)] inclusive, of sub-section (3) shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for three years from the date of their nomination, but shall be eligible for re-nomination: Provided that the persons nominated under clauses (xvii) and (xviii) shall hold office only for so long as they hold the appointments by virtue of which their nominations were made. 1. Ins. by Act 24 of 1977, s. 2 (w.e.f. 2-8-1977). 2. Subs. by s. 2, ibid., for “(xx)” (w.e.f. 2-8-1977). 5 ----- 1[(5) No act or proceeding of the Board, the Registration Committee or any Committee appointed under section 6, shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board, the Registration Committee or such Committee, as the case may be.] **5. Registration Committee.—(1) The Central Government shall constitute a Registration Committee** consisting of a Chairman, and not more than five persons who shall be members of the Board (including the Drugs Controller, India and the Plant Protection Adviser to the Government of India)— (i) to register insecticides after scrutinising their formulae and verifying claims made by the importer or the manufacturer, as the case may be, as regards their efficacy and safety to human beings and animals; and (ii) to perform such other functions as are assigned to it by or under this Act. (2) Where the Chairman is not a member of the Board, his term of office and other conditions of service shall be such as may be determined by the Central Government. (3) Subject to the provisions of sub-section (2), a member of the Registration Committee shall hold office for so long as he is a member of the Board. (4) The Committee may also co-opt such number of experts and for such purpose or period as it may deem fit, but any expert so co-opted shall have no right to vote. (5) The Registration Committee shall regulate its own procedure and the conduct of business to be transacted by it. **6. Other committees.—The Board may appoint such committees as it deems fit and may appoint to** them persons who are not members of the Board, to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Board may impose, be delegated to them by the Board. **7. Procedure for Board.—The Board may, subject to the previous approval of the Central** Government, make bye-laws for the purpose of regulating its own procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee. **8. Secretary and other officers.—The Central Government shall—** (i) appoint a person to be the Secretary of the Board who shall also function as Secretary to the Registration Committee; and (ii) provide the Board and the Registration Committee with such technical and other staff as the Central Government considers necessary. **9. Registration of insecticides.—(1) Any person desiring to import or manufacture any insecticide** may apply to the Registration Committee for the registration of such insecticide and there shall be a separate application for each such insecticide: Provided that any person engaged in the business of import or manufacture of any insecticide immediately before the commencement of this section shall make an application to the Registration Committee within a period of [2][seventeen months] from the date of such commencement for the registration of any insecticide which he has been importing or manufacturing before that date: 3[Provided further that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application at any time thereafter on payment of a penalty of one hundred rupees for every month or part thereof after the expiry of such period for the registration of each such insecticide.] (2) Every application under sub-section (1) shall be made in such form and contain such particulars as may be prescribed. 1. Subs. by Act 24 of 1977, s. 2, for sub-section (5) (w.e.f. 2-8-1977). 2. Subs. by Act 46 of 1972, s. 2, for “six months” (w.e.f. 1-8-1971). 3. Proviso ins. by s. 2, ibid. (w.e.f. 1-8-1971). 6 ----- (3) On receipt of any such application for the registration of an insecticide, the Committee may, after such enquiry as it deems fit and after satisfying itself that the insecticide to which the application relates conforms to the claims made by the importer or by the manufacturer, as the case may be, as regards the efficacy of the insecticide and its safety to human beings and animals, register [1][on such conditions as may be specified by it] and on payment of such fee as may be prescribed, the insecticide, allot a registration number thereto and issue a certificate of registration in token thereof within a period of twelve months from the date of receipt of the application: Provided that the Committee may, if it is unable within the said period to arrive at a decision on the basis of the materials placed before it, extend the period by a further period not exceeding six months: Provided further that if the Committee is of opinion that the precautions claimed by the applicant as being sufficient to ensure safety to human beings or animals are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the insecticide involves serious risk to human beings or animals, it may refuse to register the insecticide. 2[(3A) In the case of applications received by it prior to the 31st day of March, 1975, notwithstanding the expiry of the period specified in sub-section (3) for the disposal of such applications, it shall be lawful and shall be deemed always to have been lawful for the Registration Committee to dispose of such applications at any time after such expiry but within a period of one year from the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977): Provided that nothing contained in this sub-section shall be deemed to make any contravention before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), of a condition of a certificate of registration granted before such commencement, an offence punishable under this Act. (3B) Where the Registration Committee is of opinion that the insecticide is being introduced for the first time in India, it may, pending any enquiry, register it provisionally for a period of two years on such conditions as may be specified by it. (3C) The Registration Committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificate-holder by notice in writing to deliver up the certificate to it within such time as may be specified in the notice.] (4) Notwithstanding anything contained in this section, where an insecticide has been registered on the application of any person, any other person desiring to import or manufacture the insecticide or engaged in the business of, import or manufacture thereof shall on application and on payment of prescribed fee be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecticide was originally registered. **10. Appeal against non-registration or cancellation.—Any person aggrieved by a decision of the** Registration Committee under section 9 may, within a period of thirty days from the date on which the decision is communicated to him, appeal in the prescribed manner and on payment of the proscribed fee to the Central Government whose decision thereon shall be final: Provided that the Central Government may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. **11. Power of revision of Central Government.—The Central Government may, at any time, call for** the record relating to any case in which the Registration committee has given a decision under section 9 for the purpose of satisfying itself as to the legality or propriety of any such decision and may pass any such order in relation thereto as it thinks fit: Provided that no such order shall be passed after the expiry of one year from the date of the decision: Provided further that the Central Government shall not pass any order prejudicial to any person unless that person has had a reasonable opportunity of showing cause against the proposed order. 1. Subs. by Act 24 of 1977, s. 3, for “on such conditions” (w.e.f. 2-8-1977). 2. Ins. by s. 3, ibid. (w.e.f. 2-8-1977). 7 ----- **12. Licensing officers.—The State Government may, by notification in the Official Gazette, appoint** such persons as it thinks fit to be licensing officers for the purposes of this Act and define the areas in respect of which they shall exercise jurisdiction. **13. Grant of licence.—(1) Any person desiring to manufacture or to sell, stock or exhibit for sale or** distribute any insecticide [1][or to undertake commercial pest control operations with the use of any insecticide], may make an application to the licensing officer for the grant of a licence: Provided that any person engaged in the business of manufacturing or selling, stocking or exhibiting for sale or distributing any insecticide immediately before the commencement of this section shall make an application to the licensing officer for the grant of a licence within a period of [2][seventeen months] from the date of such commencement: 1[Provided further that any person engaged in the commercial pest control operations immediately before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), shall make an application to the licensing officer for the grant of a licence within a period of six months from the commencement of the said Act.] (2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed. (3) On receipt of any such application for the grant of a licence, the licensing officer may grant a licence in such form, on such conditions and on payment of such fee as may be prescribed. (4) A licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fee as may be prescribed: Provided that where a licence has been granted to any person who has made an application under [3][the first proviso or, as the case may be, the second proviso] to sub-section (1), that licence shall be deemed to be cancelled in relation to any insecticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this Act, with effect from the date on which such refusal or cancellation is notified in the Official Gazette. 1[(5) In prescribing fees for the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of insecticides for purposes of domestic use and for other purposes.] **14. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,** either on a reference made to him in this behalf or otherwise, that— (a) the licence granted under section 13 has been granted because of misrepresentation as to an essential fact; or (b) the holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. (2) Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 13. **15. Appeal against the decision of a licensing officer.—(1) Any person aggrieved by a decision of a** licensing officer under section 13 [except under the proviso to sub-section (4)] or section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed: 1. Ins. by Act 24 of 1977, s. 4 (w.e.f. 2-8-1977). 2. Subs. by Act 46 of 1972, s. 3, for “three months” (w.e.f. 1-8-1971). 3. Subs. by Act 24 of 1977, s. 4, for “the proviso” (w.e.f. 2-8-1977). 8 ----- Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of showing cause, dispose of the appeal ordinarily within a period of six months and the decision of the appellate authority shall be final. **16. Central Insecticides Laboratory.—The Central Government may, by notification in the Official** Gazette, establish a Central Insecticides Laboratory under the control of a Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act: Provided that if the Central Government so directs by a notification in the Official Gazette, the functions of the Central Insecticides Laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the Director of the Central Insecticides Laboratory shall to the extent so specified be exercised by the head of that institution. **17. Prohibition of import and manufacture of certain insecticides.—(1) No person shall, himself** or by any person on his behalf, import or manufacture— (a) any misbranded insecticide; (b) any insecticide the sale, distribution or use of which is for the time being prohibited under section 27; (c) any insecticide except in accordance with the conditions on which it was registered; (d) any insecticide in contravention of any other provision of this Act or of any rule made thereunder: Provided that any person who has applied for registration of an insecticide [1][under any of the provisos] to sub-section (1) of section 9 may continue to import or manufacture any such insecticide and such insecticide shall not be deemed to be a misbranded insecticide within the meaning of sub-clause (vi) or sub-clause (vii) or sub-clause (viii) of clause (k) of section 3, until he has been informed by the Registration Committee of its decision to refuse to register the said insecticide. (2) No person shall, himself or by any person on his behalf, manufacture any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act. **18. Prohibition of sale, etc., of certain insecticides.—(1) No person shall, himself or by any person** on his behalf, sell, stock or exhibit for sale, distribute, [2][transport, use, or cause to be used] by any worker— (a) any insecticide which is not registered under this Act; (b) any insecticide, the sale, distribution or use of which is for the time being prohibited under section 27; (c) any insecticide in contravention of any other provision of this Act or of any rule made thereunder. (2) No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute [3][or use for commercial pest control operations] any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act. _Explanation.—For the purposes of this section an insecticide in respect of which any person has_ applied for a certificate of registration [4][under any of the provisos] to sub-section (1) of section 9, shall be deemed to be registered till the date on which the refusal to register such insecticide is notified in the Official Gazette. 1. Subs. by Act 46 of 1972, s. 4, for “under the proviso” (w.e.f. 1-8-1971). 2. Subs. by Act 24 of 1977, s. 5, for “transport or cause to be used” (w.e.f. 2-8-1977). 3. Ins. by s. 5, ibid. (w.e.f. 2-8-1977). 4. Subs. by Act 46 of 1972, s. 5, for “under the proviso” (w.e.f. 1-8-1971). 9 ----- **19. Insecticide Analysts.—The Central Government or a State Government may, by notification in** the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Analysts for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification: Provided that no person who has any financial interest in the manufacture, import or sale of any insecticide, shall be so appointed. **20. Insecticide Inspectors.—(1) The Central Government or a State Government may, by** notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Inspectors for such areas as may be specified in the notification: Provided that any person who does not possess the required qualifications may be so appointed only for the purposes of clause (a) and clause (d) of sub-section (1) of section 21: Provided further that no person who has any financial interest in the manufacture, import or sale of any insecticide shall be so appointed. (2) Every Insecticide Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the Government appointing him may specify in this behalf. **21. Powers of Insecticide Inspectors.—(1) An Insecticide Inspector shall have power—** (a) to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed, or for the purpose of satisfying himself that the provisions of this Act or the rules made thereunder or the conditions of any certificate of registration or licence issued thereunder are being complied with; (b) to require the production of, and to inspect, examine and make copies of, or take extracts from, registers, records or other documents kept by a manufacturer, distributor, carrier, dealer or any other person in pursuance of the provisions of this Act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder; (c) to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or the rules made thereunder are being complied with and for that purpose stop any vehicle; (d) to stop the distribution, sale or use of an insecticide which he has reason to believe is being distributed, sold or used in contravention of the provisions of this Act or the rules made thereunder, for a specified period not exceeding [1][thirty] days, or unless the alleged contravention is such that the defect may be removed by the possessor of the insecticide, seize the stock of such insecticide; (e) to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for test in the prescribed manner; and (f) to exercise such other powers as may be necessary for carrying out the purposes of this Act or the rules made thereunder. 2[(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.] (3) An Insecticide Inspector may exercise the powers of a police officer under [3][section 42 of the Code of Criminal Procedure, 1973 (2 of 1974)], for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an insecticide is seized. 1. Subs. by Act 23 of 2000, s. 2, for “twenty” (w.e.f. 5-8-2000). 2. Subs. by Act 24 of 1977, s. 6, for sub-section (2) (w.e.f. 2-8-1977). 3. Subs. by s. 6, ibid., for “section 57 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 2-8-1977). 10 ----- **22. Procedure to be followed by Insecticide Inspectors.—(1) Where an Insecticide Inspector seizes** any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof. (2) Where an Insecticide Inspector takes any action under clause (d) of sub-section (1) of section 21— (a) he shall use all dispatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized; (b) if he seizes the stock of the insecticide he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof; (c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the Insecticide Inspector has seized the stock of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his orders as to the release thereof. 1[(3) Where an Insecticide Inspector takes any sample of an insecticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered if the sample, after test or analysis is not found to be misbranded and the Insecticide Analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor.] (4) [2]*** where the Insecticide Inspector seizes the stock of any insecticide under clause (d) of sub-section (1) of section 21, he shall tender a receipt therefor in the prescribed form. (5) Where an Insecticide Inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insecticide Inspector may, and if the insecticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them. (6) The Insecticide Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows:— (i) one portion or container, he shall forthwith send to the Insecticide Analyst for test or analysis; and (ii) the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the insecticide. **23. Persons bound to disclose place where insecticides are manufactured or kept.—Every person** for the time being in charge of any premises where any insecticide is being manufactured or is kept for sale or distribution shall, on being required by an Insecticide Inspector so to do, be legally bound to disclose to the Insecticide Inspector the place where the insecticide is being manufactured or is kept, as the case may be. **24. Report of Insecticide Analyst.—(1) The Insecticide Analyst to whom a sample of any** insecticide has been submitted for test or analysis under sub-section (6) of section 22, shall, within a 1. Subs. by Act 23 of 2000, s. 3, for sub-section (3) (w.e.f. 5-8-2000). 2. The words, brackets and figure “Where the price tendered under sub-section (3) is refused, or” omitted by s. 3, _ibid. (w.e.f. 5-8-2000)._ 11 ----- period of [1][thirty] days, deliver to the Insecticide Inspector submitting it a signed report in duplicate in the prescribed form. (2) The Insecticide Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and shall retain the other copy for use in any prosecution in respect of the sample. (3) Any document purporting to be a report signed by an Insecticide Analyst shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken has within twenty-eight days of the receipt of a copy of the report notified in writing the Insecticide Inspector or the court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. (4) Unless the sample has already been tested or analysed in the Central Insecticides Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of the Insecticide Analyst‟s report, the court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under sub-section (6) of section 22 to be sent for test or analysis to the said laboratory, [2][which shall, within a period of thirty days, make the test or analysis] and report in writing signed by, or under the authority of, the Director of the Central Insecticides Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. (5) The cost of a test or analysis made by the Central Insecticides Laboratory under sub-section (4) shall be paid by the complainant or the accused, as the court shall direct. **25. Confiscation.—(1) Where any person has been convicted under this Act for contravening any of** the provisions of this Act or of the rules made thereunder, the stock of the insecticide in respect of which the contravention has been made shall be liable to confiscation. (2) Without prejudice to the provisions contained in sub-section (1), where the Court is satisfied on the application of an Insecticide Inspector or otherwise and after such inquiry as may be necessary, that the insecticide is a misbranded insecticide, such insecticide shall be liable to confiscation. **26. Notification of poisoning.—The State Government may, by notification in the Official Gazette,** require any person or class of persons specified therein to report all occurrences of poisoning (through the use or handling of any insecticide) coming within his or their cognizance to such officer as may be specified in the said notification. **27. Prohibition of sale, etc., of insecticides for reasons of public safety.—(1) If, on receipt of a** report under section 26 or otherwise, the Central Government or the State Government is of opinion for reasons to be recorded in writing, that the use of any insecticide specified in [3]*** clause (e) of section 3 or any specific batch thereof is likely to involve such risk to human beings or animals as to render it expedient or necessary to take immediate action then that Government may, by notification in the Official Gazette, prohibit the sale, distribution or use of the insecticide or batch, in such area, to such extent and for such period (not exceeding sixty days) as may be specified in the notification pending investigation into the matter: Provided that where the investigation is not completed within the said period, the Central Government or the State Government, as the case may be, may extend it by such further period or periods not exceeding thirty days in the aggregate as it may specify in a like manner. (2) If, as a result of its own investigation or on receipt of the report from the State Government, and after consultation with the Registration Committee, the Central Government, is satisfied that the use of the said insecticide or batch is or is not likely to cause any such risk, it may pass such order (including an order refusing to register the insecticide or cancelling the certificate of registration, if any, granted in respect thereof) as it deems fit, depending on the circumstances of the case. 1. Subs. by Act 23 of 2000, s. 4, for “sixty” (w.e.f. 5-8-2000). 2. Subs. by s. 4, ibid., for “which shall make the test or analysis” (w.e.f. 5-8-2000). 3. The words, brackets and figure “sub-clause (iii) of” omitted by s. 5, ibid. (w.e.f. 5-8-2000). 12 ----- **28. Notification of cancellation of registration, etc.—A refusal to register any insecticide or a** cancellation of the certificate of registration of any insecticide shall be notified in the Official Gazette and in such other manner as may be prescribed. **29. Offences and punishment.—(1) Whoever,—** (a) imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under sub-clause (i) or sub-clause (iii) or sub-clause (viii) of clause (k) of section 3; or (b) imports or manufactures any insecticide without a certificate of registration; or (c) manufactures, sells, stocks or exhibits for sale or distributes an insecticide without a licence; or (d) sells or distributes an insecticide, in contravention of section 27; or (e) causes an insecticides, the use of which has been prohibited under section 27, to be used by any worker; or (f) obstructs an Insecticide Inspector in the exercise of his powers or discharge of his duties under this Act or the rules made thereunder, 1[shall be punishable— (i) for the first offence, with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both; (ii) for the second and a subsequent offence, with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen thousand rupees but which may extend to seventy-five thousand rupees, or with both]. (2) Whoever uses an insecticide in contravention of any provision of this Act or any rule made thereunder shall be punishable with fine [2][which shall not be less than five hundred rupees but which may extend to five thousand rupees, or imprisonment for a term which may extend to six months, or with both]. (3) Whoever contravenes any of the other provisions of this Act or any rule made thereunder or any condition of a certificate of registration or licence granted thereunder, shall be punishable— (i) for the first offence, with imprisonment for a term which may extend to [3][one year, or with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees, or with both]; (ii) for the second and a subsequent offence, with imprisonment for a term which may extend to 4[two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both]. (4) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender‟s name and place of residence, the offence and the penalty imposed to be published in such newspapers or in such other manner as the court may direct. **30. Defences which may or may not be allowed in prosecutions under this Act.—(1) Save as** hereinafter provided in this section, it shall be no defence in a prosecution under this Act to prove merely that the accused was ignorant of the nature or quality of the insecticide in respect of which the offence was committed or of the risk involved in the manufacture, sale or use of such insecticide or of the circumstances of its manufacture or import. 1. Subs. by Act 23 of 2000, s. 6, for certain words (w.e.f. 5-8-2000). 2. Subs. by s. 6, ibid., for “which may extend to five hundred rupees” (w.e.f. 5-8-2000). 3. Subs. by s. 6, ibid., for “six months, or with fine, or with both” (w.e.f. 5-8-2000). 4. Subs. by s. 6, ibid., for “one year, or with fine, or with both” (w.e.f. 5-8-2000). 13 ----- (2) For the purposes of section 17, an insecticide shall not be deemed to be misbranded only by reason of the fact that— (a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or the preparation of the insecticide as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the insecticide or to conceal its inferior quality or other defect; or (b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it. (3) A person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for a contravention of any provision of this Act, if he proves— (a) that he acquired the insecticide from an importer or a duly licensed manufacturer, distributor or dealer thereof; (b) that he did not know and could not, with reasonable diligence, have ascertained that the insecticide in any way contravened any provision of this Act; and (c) that the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it. **31. Cognizance and trial of offence.—(1) No prosecution for an offence under this Act shall be** instituted except by, or with the written consent of, the State Government or a person authorised in this behalf by the State Government. (2) No court inferior to that of a [1][metropolitan magistrate or a judicial magistrate of the first class] shall try any offence under this Act. 2[31A. Special Courts.—(1) If the State Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, notify one or more Courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrates, in such district or metropolitan area to be Special Courts for the purposes of this Act. (2) Unless otherwise directed by the High Court, a court notified under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act. (3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of court notified under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be. (4) Subject to the foregoing provisions of this section, a court notified under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or, as the case may be, sub-section (1) of section 16 of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of that Code shall apply accordingly in relation to such courts. _Explanation.—In this section, “High Court” has the same meaning as in clause (e) of section 2 of the_ Code of Criminal Procedure, 1973 (2 of 1974).] **32. [Magistrate’s power to impose enhanced penalties.] Omitted by the Insecticides (Repealing and** _Amending) Act 1977 (24 of 1977), s. 8_ (w.e.f. 2-8-1977). **33. Offences by companies.—(1) Whenever an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of the business of, the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 24 of 1977, s. 7, for “presidency magistrate or a magistrate of the first class” (w.e.f. 2-8-1977). 2. Ins. by Act 23 of 2000, s. 7 (w.e.f. 5-8-2000). 14 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section:—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **34. Power of Central Government to give directions.—The Central Government may give such** directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder. **35. Protection of action taken in good faith.—No prosecution, suit or other proceeding shall lie** against the Government or any officer of the Government or the Board, the Registration Committee or any Committee of the Board, for anything in good faith done or intended to be done under this Act. **36. Power of Central Government to make rules.—(1) The Central Government may, after** consultation with the Board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act: Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe— (a) the method of packing and labelling; (b) the manner of registration of an insecticide; (c) the functions of the Board and of the Registration Committee and the travelling and other allowances payable to members of the Board, the Registration Committee and any Committee of the Board; (d) the places at which insecticides may be imported and prohibit their import at any other place; (e) the form of application for registration of an insecticide and the particulars relating thereto; (f) [1]* * * the fee payable in respect of registration; (g) the manner of appeal to the Central Government under section 10 and the fee payable therefore; (h) the form of application for the grant of licence and the particulars relating thereto; (i) the form of licence, the conditions attached thereto and the fee payable therefore; (j) the period for which a licence may be renewed and the fee for such renewal; (k) the circumstances in which a licence may be varied or amended under sub-section (2) of section 14; 1. The words “the conditions of registration and” omitted by Act 24 of 1977, s. 9 (w.e.f. 2-8-1977). 15 ----- (l) the functions of the Central Insecticides Laboratory; (m) the qualifications, powers and duties of an Insecticide Analyst and an Insecticide Inspector; (n) the manner of testing or analysing the samples of any insecticide and the fee payable therefor; (o) the form in which intimation shall be given by an Insecticide Inspector under sub-section (5) of section 22 to a person from whom a sample of an insecticide is taken for test or analysis; (p) the form in which an Insecticide Analyst shall submit a report of his test or analysis to the Insecticide Inspector under sub-section (1) of section 24; (q) the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities to be provided to keep themselves and things supplied to them free from any contamination; (r) the use by the workers of any such protective clothing, equipment and other facilities; (s) the precautions to be taken against poisoning through the use or handling of insecticides; (t) the measures for detecting and investigating cases in which poisoning has occurred; (u) the facilities to be provided for ensuring first-aid treatment; (v) the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety; (w) the facilities for medical examination of workers engaged in the manufacture or handling of insecticides; 1* * * * * (y) the equipment for, and method of, application of, an insecticide and the disposal of surplus material, washings and containers, following application; (z) the maintenance and inspection of records and returns; (za) the restrictions on storage of insecticides during transport or, otherwise along with articles of food; (zb) the maximum proportion of any insecticide which may be added to, or contained in, any preparation for domestic use and the restrictions thereon; (zc) the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified; (zd) the officer or authority to whom the Central Government may delegate any of the powers and functions conferred on it by this Act; (ze) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session [2][or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **37. Power of the State Governments to make rules.—(1) The State Government may, after** consultation with the board and subject to the condition of previous publication, by notification in the 1. Clause (x) omitted by Act 24 of 1977, s. 9 (w.e.f. 2-8-1977). 2. Subs. by s. 9, ibid., for certain words (w.e.f. 2-8-1977). 16 ----- Official Gazette, make rules for the purpose of giving effect to the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 15 and the procedure to be followed by the appellate authority in disposing of the appeal; (b) the delegation of any of the powers and functions conferred by this Act on the State Government to any officer or authority specified by that Government. 1[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **38. Exemption.—(1) Nothing in this Act shall apply to—** (a) the use of any insecticide by any person for his own household purposes or for kitchen garden or in respect of any land under his cultivation; (b) any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings. (2) The Central Government may, by notification in the Official Gazette, and subject to such conditions, if any, as it may specify therein, exempt from all or any of the provisions of this Act or the rules made thereunder, any educational, scientific or research organisation engaged in carrying out experiments with insecticides. 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 17 ----- THE SCHEDULE [See section 3(e)] LIST OF INSECTICIDES Acrylonitrile Aldrin (1:2:3:4:10:10—hexachloro-1:4:4a; 5:8; 8a-hexahydro-1:4:5:8-dimethanonaphthalene) Allethrin (allyl homologue of Cinerein I) Aluminium Phosphide Amiton Antu (Alpha-naphthyl thiourea) Aramite [2 (p-tert-butylphenoxy) ispropyl 1-2 chloroethyl sulphite] Barium Carbonate Barium Fluoro Silicate BHC (Benzene Hexachloride) (1, 2, 3, 4, 5, 6-hexachlorohexane) Bis-dimethylamino Fluorophosphine Oxide Calcium Arsenate Calcium Cyanide Captan (N-trichloromethylmercapto-4-cyclohexane), 1, 2-discarboximide Carbaryl (1-naphthyl-N-methyl carbamate) Carbon Disulphide Carbon Tetrachloride Chlorbenside (p-chlorobenzyl-p-chlorophenyl sulphide) Cholorobis ethyl amino triazine Chlordane (1, 2, 3, 4, 5, 6, 7, 8, 8-Octachlore-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindane) Chlorobenzilate (Ethyl 4, 4‟-dichlorobenzilate) Chlorothion (o, o-dimethyl-o-3-chloro-4-nitrophenyl thiono phosphate) Chloro-I.P.C Chloropicrin Chlorofenson (p-chlorophenyl-p-chlorobenzene sulphonate) S-(p-chlorophenylthio) methy-o-o-diethyl phosphorodithioate (Trithion) CIPC [isopropyl-N (3-chlorophenyl) carbamate] CMU (Manuron) Copper Arsenate Copper Cyanide Copper naphthanate Copper Sulphate Coumachlor [3-(a-acetony1-4-chlorobenzy1-4-hydroxy coumarin)] 18 ----- Copper Oxychloride Cuprous Oxide Dalapon (Sodium 2, 2, dichloropropionate) D-D mixture DDD (Dichloro Diphenyl Dichloroethane) DDT [a mixture of 1, 1, 1-trichloro-2, 2-bis (p-chlorophenyl) ethane and 1, 1, 1-trichloro-2 (o-chlorophenyl)-2 (p-chlorophenyl) ethane] DDVP (2, 2-dichlorovinyl dimethyl phosphate) Demeton-O (O, O-diethyl-S [(2-ethylthio)-ethyl] phosphorothioate) Demeton-S (O, O-diethyl-S [(2-ethylthio)-ethyl] phosphorothioate) Diazinon (O, O-diethyl-O [(2-isopropyl-6-methyl-4-pyrimidinyl] phosphorothioate) Dibrom (1, 2-dibromo, 1, 2, 2-dichloroethyl dimethyl phosphate) Dichlorophenoxy acetic acid (2, 4-D) Dieldrin (1 : 2 : 3 : 4 : 10 : 10-hexachloro-6 : 7-epoxy-l : 4a : 5 : 6 : 7 : 8 : 8a-Octahydro-1 : 4 : 5 : 8-dimethanonaphthalene) Dimethoate (O, O-dimethyl-S-(N-methylcarbamoyl methyl) phosphorodithioate) Dipterex (O, O-dimethyl-2, 2, 2-trichloro hydroxy ethyl phosphonate) DNOC (Dinitro-ortho-compound) (3 : 5-dinitro-o-cresol) EDCT mixture (Ethylene Dichloride Carbon Tetrachloride mixture) Ekatin Endrin (1, 2, 3, 4, 10-10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-Octahydre-1, 4-endo-endo, 5-8 dimethanonaphthalene) E.P.N. (O-ethyl-O-p-nitriphenyl benzene thiophosphonate) Ethyoxy ethyl mercury chloride Ethyl di-n-propylthio‟carbamate (Eptam) Ethyl mercury phosphate Ethyl mercury chloride Ethylene dibromide Ethylene Dichloride Fenson (Parachlorophenyl benzene sulphonate) Fenthion (3-methyl-4-methyl thiophenyl phosphorothionate) Ferbam (Ferric Dimethyl dithio Carbamate) Gusathion [O, O-dimethyl S (4-oxo-1, 2, 3-benzotriazinyl-3-methyl) phosphorothioate] Heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-4-7-methano-3a, 4, 7, 7a-tetrahydroindene) HETP (Hexaethyl tetraphosphate) Hexachlorobenzene 1[Hirsutella species] 1. Added by G.S.R. 69(E), dated 5-2-2001. 19 ----- Hydrogen Cyanide Hydrogen Phosphide Lead arsenate Lime Sulphur (Calcium Polysulphide, water-free sulphur, calcium thiosulphate mixture) Lindane (gamma, B.H.C.) Malathion (S-(1, 2-Bis (ethoxycarbony1) ethyl) O, O-dimethyl-phosphoro-dithioate) Maleic hydrazide (1, 2-dihydropyropyridazine 3, 6-dione) Maneb Manganese ethylene bisdithiocarbamate MCPA-(4-chloro-2 Methyl phenoxy acetic acid) Mercuric Chloride Metaldehyde Metasystox Methoxychlor (1, 1, 1-trichloro-2, 2-di-p-methoxyphenylethane) Methoxy ethyl mercury chloride Methyl bromide Methyl demeton (Dimeton-methyl and Dimeton-Methyl) Methyl Mercury Chloride Methyl Parathion (O, O-dimethyl-O-p-nitrophenylthiophosphate) Metox (Chlorsulphicide) Nabam (Disodium ethylene-1, 2-bisdithiocarbamate) Nicotine sulphate Octa methyl pyrophosphoramide Para-dichloro benzene Parathion (O, O-diethyl-O-p-nitrophenylthiophosphate) Paris Green (Copper Aceto arsenite) Pentachloronitrobenzene (P.C.N.B.) Pentachlorophenol Phenyl mercury acetate Phenyl mercury chloride Phenyl mercury urea Phosdrine Phthalimidomethyl-O-O-dimethyl phosphorodithioate (Imidan) Piperonyl butoxide (butyl carbityl) (6-propyl piperonyl) ether O Pival (2-Pivalyl-indane 1-3 dione) Potassium Cyanide n-Propyl ethyl-n-butyl thiolcarbamate (Tillam) Pyrethrins (insectically active principles of Chrysanthemum cinerariaefolium) 20 ----- Rotenone Ryania Sodium fluoroacetate Sodium cyanide Sodium Fluoro Silicate Sulphur (wettable or colloidal sulphur) Strychnine Sulphoxide [1, 2-methylene-dioxy-4 (2-octylsulphinyl) propyl benyene] TCA (trichlor acetic acid sodium and ammonium salts) Tedion (tetrachlor diphenyl sulphone) TEPP (tetraethyl Pyrophosphate) Tetrachloro-p-benzoquinone Thanite Thiram [bis (dimethyl Thiocarbamyl) disulphide] Tolyl mercury acetate Trichlorphon Triorthocresyl Phosphate Thallium sulphate Thiometon Toxaphene (chlorinated camphene containing 67—69% chlorine) Trichlorophenoxy acetic acid (2, 4, 5-T) Warfarin (3-a-acetonyl benzyl-4-hydroxy-coumarin) Zinc Phosphide Zimet Zineb (Zinc Ethylene bis-dithiocarbamate) Ziram (Zinc dimethyl-dithiocarbamate) Zulate 1[Acrolein. . . . . . . . 2-Propenal or Acrylaldehyde Actellic (Pirimiphosmethyl). . 2-diethylamino-6-methylpyrimidin-4-yl dimethyl phosphorothionate Afugon. . . . . . . Diethyl methyl ethoxycarbonyl pyrazolo-pyrimidine-yl-phosphoroth onate Alachlor. . . . . . . 2-Chloro-2; 6‟-dienthyl-n-(methoxymethyl)-acetanilide Aldicarb. . . . . . . 2-methyl-2-(methylthio) propionaldehyde-o-(methylcarbamoyl) oxime Amidithion. . . . . . S-(N-2 methoxyethyl-Carlomoyl-methyl) dimethyl phosphorothiolothionate 1. Ins. by G.S.R. 9(E), dated 9-1-1974. 21 ----- Amitrole. . . . . . . 3-Amino-1, 2, 4-triazole Ammonium Sulphamate. . . Ammonium Sulphamate Asulam. . . . . . . Methyl-N (4-aminobenzenesulphonyl) carbamate Atrazine. . . . . . . 2-Chloro-4-ethylamino-6-isopropylamino-1, 3, 5-trizine Aureofungin. . . . . . Aureofungin Azinphos-ethyl. . . . . . S-(3, 4-dihydro-4-oxobenzo-(d)-(1, 2, 3)-triazin-3-ylmethyl) diethyl phosphorothiolothionate Barban. . . . . . . 4-chloro-2-ynyl-3-chlophenyl carbamate Barium Polysulphide. . . . Barium Polysulphide Bassa. . . . . . . . O-Secondary-butylphenylmethyl carbamate BCPE (Chlorphenithel). . . 1, 1-bis-(4-Chlorophenyl)-ethanol Benomyl. . . . . . . Methyl-N-benzimidazol-2-yl-N (butylcarbemoyal carbamate) Bensulide. . . . . . . S-(O, O-Di-isopropyl phosphorodithionate) cester with N-(2-mercaptoethyl) benzene Sulphenamide Binapacryl. . . . . . . 2-(1-methyl-n-propyl)-4, 6-dinitrophenily-2-methylcrotonate Bromacil. . . . . . . 5-bromo-6-methyl-3-(1-methylpropyl) uracil Brompyrazen. . . . . . 5-amino-4-bromo-2-phenylpyridazin-3-one Bromoxynil. . . . . . 3, 5-dibromo-4-hydroxybenzonitrile Brozone. . . . . . . Methyl bromide & chloropicrin in petroleum solvent Buturon. . . . . . . 3-(4-chlorophenyl)-1-methyl-1 (1-methyl prop-2-ynyl) urea Butylate. . . . . . . S-ethyl-N, N-diisobutylthiocarbamate Bux. . . . . . . . Mixture of m-(1-methyl butyl) phenylmethyl carbamate and m-(1-ethyl propyl) phenyl methyl carbamate Cadmium based compounds. . (Cadmium chloride, Cadmium sulphate, Cadmium succinate) Captafel. . . . . . . N-O (1, 1, 2, 2-tetrachloroethylthio) cyelohex-4-ene-1 2-dicarboxymide Carbefuran. . . . . . 2, 3-dihydro-2, 2 : dimethyl-7-benzofuranyl methylcarbamate Carbophenothion. . . . . S-[(p-Chlorophenylthio)-methyl]-o, o-diethyl phosphorodithioate Carboxin (DCMO). . . . 5, 6-Dihydro-2-methyl-1, 4-oxathiin-3-carboxanilide Chinomethionate. . . . . 6-methyl-2-oxo-1, 3-dithio (4, 5-b) quinoxaline Chloramben. . . . . . 3-amine-2, 5-dichorobenzonic acid Chlorbufam (BIPC). . . . 1-methyl-2-propynyl-m-chlorocarbanilate Chlorfenyinphos. . . . . 2-chloro-1 (2, 4-dichlorophenyl)-Vinyl diethylphosphate Chloromequate chloride. . . (2-chloroethyl) trimethyl ammonium chloride Chloroneb. . . . . . 1, 4-dichloro-2, 5-dimethexybenzine Chlorpropane. . . . . . Chloropropane Chloroxur-n. . . . . . N-4-(4-Chlorophenoxy) phenyl-NN-dimethyl-ureat Citicide. . . . . . . Chlorinated turpene Citowett. . . . . . . Alkylarylpolyglykelether 22 ----- Clonitralid. . . . . . 5, 2-dichloro-4‟nitro-salicylic-anilide-ethanolamine Copper Hydroxide. . . . Copper Hydroxide Coumafuryl. . . . . . 3-(a-Acetonylfurfuryl)-4-hydrocyceumarine Coumaphos. . . . . . 3-Chloro-4-methyl-7-coumarinyl diethyl phosphorothionat Coumatetralyl. . . . . . 4-hydroxy-3-(1, 2, 3, 4-tetraphydro-1-naphthyl) coumarin Coyden. . . . . . . 3, 5-dichloro-2, 6-dimethyl-4-pyridinol CPAS. . . . . . . . 4-Chlorophenyl, 2, 4, 5-trichlorophynylazosulphide Cyclomorph. . . . . . N-Cyclodedecyl-2, 6-dimethyl-morpholinacetate Cycluren (OMU). . . . N‟-Cycle-octyl-N-N-dimethyl urea . Cytrolane. . . . . . . 2-(diethoxy phosphraylimino)-4-methyl-1, 3-dithiolane Decarbofuran. . . . . . 2, 3-dihydro-2-methylobenzofuren-7-yl-methyl carbamate Decazolin. . . . . . . 1-(alpha, alpha-dimethyl-beta-acetoxypropionyl-3-isopropyl-2, 4-dioxodeoa-hydroquinazoline DEET. . . . . . . . N, N-Diethyl-m-toluamide Dibromochloropropane. . . 1, 2-dibromo-3-chloropropane Dicamba. . . . . . . 3, 6-dichloro-2-methoxybenzoic acid Dichlobenil. . . . . . 2, 6-dichlorobanzo nitrile Dichlofenthion. . . . 0-(2, 4-dichlorophenyl) O, O-diethyl phosphorothioate Dichlone. . . . . . . 2, 3-dichloro-1, 4-naphthoquinone Dichloropropane. . . . . 1, 3-dichloropropane Dicloran. . . . . . . 2, 6-dichloro-4-nitroaniline Dicofol. . . . . . . 2, 2, 2-trichloro-1, 1-di-(4-chlorophenyl) ethanol Dicrotophos. . . . . . Dimethyl phosphate ester with (E)-3-Hydroxy-N, N-dimethyl-crs crotonamide dimethyl phosphate 2, 4-D B. . . . . . . 4-(2, 4-Dichlorophenoxy) butyric acid Difenphos (Abate). . . . O.O.O‟, O‟-Tetramethyl O, O‟-thiodi-p-phenylene phosphorothioate Dikar. . . . . . . . A blend of Dithane M-45 and Tech. Karathane Dimas (Alar). . . . . . N-dimethylamino suceinic acid Dinocap. . . . . . . Mixture of 4 & 5 parts of 2, 4-dinitro-6-octophyany1 crotonates to 2 parts of the isomer of 2, 6 dinitro-4-octylphenyl crotonates Dinoseb. . . . . . . 2, 4-dinitro-6-S-butylphenol Dinoseb acetate. . . . . 2, 4-dinitro-6-S-butylphenol acetate Dioxathion. . . . . . S-S-1, 4-dioxane-2, 3-ylidene (bis) o, o-diethyl phos phosphorothiolothionate Diphacinene. . . . . . 2-diphenylacetyl 1, 3-indanediene Diphenamid. . . . . . NN-dimethyl-2, 2-diphenylacetamide Disulfoton. . . . . . diethyl s-[2-(ethylthio) ethyl] phosphorothiolothionate Diuron. . . . . . . N‟-3- (4-dichlorophenyl)-NN-dimethylurea 23 ----- DMPA. . . . . . . O-(2, 4-Dichlorophenyl) O‟ methyl N-isopropyl-phosphoromidithicate Dodine. . . . . . . Dodecylguanidine-monoacetate Dodomorph. . . . . . 4-Cyclododeeyl-2, 6-dimethyl-morpholine Drat (Chlorophacinone). . . 2-(a-P-Chlorophenyl-a-pheylacetyl) indane-1, 3-dione DSMA. . . . . . . Disodium methanearsonate Dursban. . . . . . . O, O-diethyl O-(3, 5, 6-trichloro-2-pyridyl) phosphorophorothioate Dusting Sulphur. . . . . Ediphenphos. . . . . . O-ethyl-s, s-diphenyl-dithiophosphate Endosulfan. . . . . . 6, 7, 8, 9, 10, 10-hexachloro-1, 5, 5a, 6, 9, 9a hexahydro-6, 9-methano 2, 4, 3-benzo (e)-dioxathiepin-3-oxide Endothall. . . . . . . 7 oxabicylo (2, 2, 1)-heptane-2, 3-dicarboxylate E P T C. . . . . . . S-ethyl-dipropylthiocarbamate Erbon. . . . . . . . 2-(2, 4, 5-trichlorophenoxy) methyl 2, 2-dichloropropionate Ethion. . . . . . . Tetraethyl SS‟ methylene bis phospherothiolothionate Ethrel. . . . . . . . 2-chloroethane phosphonic acid Fenac. . . . . . . . Sodium 2, 3, 6-trichlorophenylacetate Fenazeflor. . . . . . . Phenyl 5, 6-dichlore-2-trifluoromethyl benzimidazole-1-carboxylate Fenitrothion. . . . . . dimethyl 3-methyl-4-nitrophenyl phosphorothionte Fensulfothion. . . . . . diethyl 4-(methyl sulphinyl) phenyl phosphorothionate Fentinacetate. . . . . . triphenyltin acetate Fentin chloride. . . . . triphenyltin chloride Fentin-hydroxide. . . . . triphenyltin hydroxide Folex. . . . . . . . SSS-Tributyl phosphorotrithioate Formethion. . . . . . S-(N-formyl-N-methylcarbamoyl methyl) OO-dimethyal phosphorodithioate Fonofos (Dyfonate). . . . O-ethyl-s-phenyl ethyl phosphorodithioate Fujithion. . . . . . . O, O-Dimethyl-s-Parachlorophenyl phosphorothis Gibberellins. . . . . . Gibberellic acid Herban. . . . . . . . 3-5-3-a, 4, 5, 6, 7, 8, 8-a-hexahydro-4, 7-methanoindanyl)-1, 1-dimethyl urea Indole Acetic & Butyric Acids. . . . . . . . Indole Acetic Acid, Indole Butyric acid loxynil (Pantrol) . . . . . 3, 5-di-iodo-4-hydroxy benzenitrile Isobenzan. . . . . . . 1, 3, 4, 5, 6, 7, 7, 7-Octachloro-1, 3, 3a, 4, 7, 7a-hexahydro-4, 7, methanois olbenzofuran Isononuron. . . . . . N‟ (hexahydro-4, 7, methanoindan-1-yl) NN-dimethyl urea Kitazin. . . . . . . O-O-Di-isopropyl-s-Benzyle thiophosphate Lenacil. . . . . . . 3-cyclohexyl-5, 6-trimethyleneuracil 24 ----- Linuron. . . . . . . N-(3, 4-dichlorophenyl)-N-methoxy-N-methylurea Lucel. . . . . . . . 5, 6, 7, 8-tetrachloroquinecxaline Machete (Butachlor). . . . (2-chloro-2‟, 6‟-diethyl-N-(Butoxymethyl)-acetanilide) M. C. P. B. . . . . . . 4-(4-Chloro-2-methylphenoxy) butyric acid Menazon. . . . . . . S-(4-, 6-diamino-1, 3, 5-triazin-2-yl methyl) dimethyl phosphorothiolothionate Methamidophos. . . . . O-S-dimethylester amide of thiphosphoric acid Metam Sodium. . . . . N-methyldithiocarbamic acid Methomyl. . . . . . . S-methyl N-((methylcarbamoyl) oxy) thioacetimidate Methylmetiram. . . . . Ammonium complex with Zn-(N‟ N-1, 2-propylenebis (dithiocarbamate) and N‟, N‟-Poly-1, 2-propylene-bis (Thiocarbamoyl)di-sulphid Metiram. . . . . . . Ammonium complex with Zn-(N, „N-1, 2-Ethylenebis, (dithiocarbamate) and N‟-N‟-Poly-1, 2-propylene-bi (Thiocarbamoyl)disulphid Metoxuron. . . . . . N‟ (3-chloro-4-methoxyphenyl)-N, N-dimethyl urea Mevinphos. . . . . . 2-methoxy carbonyl-1-methyl vinyl dimethyl phosphate MIPCIN. . . . . . . 2-inpropylphenyl-N-methyl carbamate Menap. . . . . . . . O-Ethyl S, S-dipropyl phosphordithioate Molinate. . . . . . . S-Ethyl-N-hexaphydro-1 H-azepinuthiolcarbamte Monocrotophos. . . . . 3-Hydroxy-N-methyl-crotonamide dimethyl phosphate Monolinuron. . . . . . N-(4-chlorophenyl)-N-Methoxy-N-methyl urea MSMA. . . . . . . Monosodium methaearsonate Neled. . . . . . . . 1, 2-dibromo-2, 2-dichloroethyl dimethyl phosphate Naphythylacetic acid. . . Naphthylacetic acid and its derivations Naburon. . . . . . . 1-Butyl-3-(3-4-dichlorophenyl)-1-methyl urea Nemafos (Thinonzim). . . O, O-diethyl C-2 pyrazinyl phosphorothioate Neopynamin. . . . . . 3, 4, 5, 6-tetrahydro-phthalimidomethyl chrysauthanate Nickel Chloride. . . . . Nicke1 Chloride Nitrofen. . . . . . . 2, 4-dichlorophenyl 4-nitrophenyl ether Omethoate. . . . . . dimethyl 8 (N-methyl-carbamoylmethyl) phosphorothioate Orthane. . . . . . . O, S-Dimethyl N-acetyl phosphoramidothioate Oxapyrazon. . . . . . (5-bromo-1, 6-dithydro-6-oxo-1-phenyl-4-pyridazinyl Oxamicacid compound with 2 dimethyl aminoethanol (1 & 1) Oxycarboxin (DCMCD). . . 5, 6-dihydro-2-methyl-1, 4-oxathiin-3-carboxanilide 4, 4-dioxide Paraquat. . . . . . . 1, 1-dimethyal-4, 4-bipyridylium ion Pebulate. . . . . . . 1, Propyl-butyl-ethylthiocarbamate Phenthoate. . . . . . S-a-ethoxycarbonylbenzyl-O, O-dimethyl phosphore rodithioate 25 ----- Phorate. . . . . . . diethyl S-(ethylthizethyl) phosphorothiolithicate Phosalone. . . . . . . S (6-echloro-2-oxabenzoxazolin-3-yl)-methyl-O, O diethyl phosphorodithioate Phosphamidon. . . . . 2-chloro-2-2-diethylcar bamoyl-1-methylvinyl dimethyle Phosphate Phosphorus paste. . . . Phosphorus paste Phosmet (Imidan). . . . O, O-dimethyl-S-phthallimide-methylphosphorodithioate Phosvel (Leptophos). . . . O-(2, 5 dichlori-4-bromophenyl) O-methyl Phenyl-thiophosphorate Phoxim. . . . . . . Phenylglyoxylonitrile oxime O-O-diethyl phosphorothioate Picloram. . . . . . . 4-amino-3, 5, 6, trichoroplcolinic acid Plictran. . . . . . . Tricyclohexyl tinehydroxide derivatives Pronamide (Kerb). . . . 3, 5-dichloro-N-(1,-dimethyl-2 propynyl) benxamide Propanil. . . . . . . 3, 4,-dichlorpropionanilide Propargite (Omite). . . . Prop-2-ynyl-(4-butyl phonoxy)- eyclohexyl sulphite Propineb. . . . . . . Zine propylenebdithiocatbamate (polymeric) Propoxur. . . . . . . O-Isopropoxyphenylmethyl carbamate Prynachlor. . . . . . O-N-butyn-(1)-y; Choloroacetanilide Pyracarbolid. . . . . . 2-methyl-5, 6-dihydro-4-N-pyran-3-carboxylic anilide Pyrazon (PCA). . . . . 5-amino-4-chloro-2-phenyl-3-pyridazone Quinalphos. . . . . . O, O-diethyl quinoxalin-2 yl phosphorothioate Rabicide. . . . . . . 4, 5, 6, 7,—tetrachloropthalide Ro-Neet. . . . . . . S-ethyl N-ethyl-N-cyclohexylthiocarbamate Ronnel. . . . . . . O, O-Dimethyl O-(2, 4, 5-trichlorophenyl) Phosphorothioate S-421. . . . . . . . Octachlorodipropyl-ether Sclex. . . . . . . . 3-(3, 5-dichlorophenyl)-5, 5-dimethyl oxazolidinedione-2,4 Simazine. . . . . . . 2-Chloro-4, 6-bis (ethylamino) S-trazine Sindone A. . . . . . 1, 1-dimethyl-4, 6-di-isopropyl-indanyl ethyl ketone Sindone B. . . . . . 1, 1, 4-trimethyl-4, 6-di-isopropyl-5-indanyl ethyl keione Sirmate. . . . . . . 3, 4 and 2, 3-Dichlorobenzyl N-methyl carbamate Swep. . . . . . . . methyl 3, 4 dichlorocarba-nilate Tar Acid. . . . . . . Complex phenolic compounds or tar oil or creosotes Tavron G. . . . . . . 2, 2, 2-trichlorocethyl stryrene Tecnazene. . . . . . 1, 2, 4, 5-tetrachloro-3-nitrobenzenes Terbacil. . . . . . . 3-t-butyl-5-chloro-6-methyluracil Tetrachlorvinphos (Gardona). 2-chloro-1-(2, 4, 5-trichlorophenyl) vinyl dimethyl phosphate Tetram. . . . . . . O, O-Diethyl S-(2-diethylamino) ethyl phosphorothioate hydrogen oxalate 2, 4, 5-TB. . . . . . . 4-(2, 4, 5-trichlorophenoxy) butyric acid Thiadiazinthion (Terracur). . 5-Carboxymethyl-3-methyl-2 N-1, 3, 5-thiadia-zin 2-thione 26 ----- Thiophanate-M. . . . . 1, 2-di-(3-methoxy-carbonyl-2-thio-ureid) benzene Tranid. . . . . . . exo-3-chloro-endo-6-cyano-2 norbornan O (methyl-carbamoyl) oxime Triallate. . . . . . . S-2, 2, 3-Trichloroallyl dis-lsopropyl thio-carbamate Tridemorph. . . . . . 2, 6-dimethyl-4-tridecyl morpholone Tunic. . . . . . . . 2, (3, 4-dichlorophenyl)-4-Methyl-1, 2, 4-oxadiazolinine-3, 5-dione Udonkor. . . . . . . N-(beta-cyanothyl) monochloroacetamide Vamidothion. . . . . . O, O-demethyl-S-(2-1-methyl 18 carbamoylethylthioethyl) phosphorothioate Vegetta. . . . . . . Ethylene thiuram monosulphide Vornzolate. . . . . . S-propyl NN-diprophyl thiolcarbamate Zectran. . . . . . . 4-dimethylamino-3, 5-xylyl-N-methylcarbamate Basagram. . . . . . . 3-Isopropyl-I-N-2, 3-benxothiadixin 4-(3H)-one 2, 2-dioxide Basalin. . . . . . . N-(2-chloresthyl)-N-propyl-trifluoro 2, 6-dinitro-p-toluldne Bavistin. . . . . . . 2-(methoxy-carbomoyl)-benzim-dazole Campogram M. . . . . 2, 5-dimethyl-furan 3-carbonic acid anilide and 320 gms og (Zink) Trifluralin. . . . . . 2, 6-dinitro-NN-dipropyl-4-triflouromethyl aniline Flumeturon. . . . . . N-(3-trifluro-methylphenyl)-N‟-N”-dimethylurea Metabromuron. . . . . N-(P-bromophenyl)-N‟-methyl-N‟-methexyurea Mancozeb. . . . . . Zinc-Manganese ethylene-bis-dithiocarbamate] 1[Methabenzothiazuron. . . 1, 3-Dimethyl-3 (2, benzothiozolyl)-urea] 2[Streptomycin. . . . . Tetracyclines. . . . . . Terbuteryne. . . . . . (2-tert, butylamino-4-ethylamino-6-methylthio-S-trazine) Glysophosate. . . . . . [N-1 (Phosphonomethyl) glycine present as isoprophylamine salt Bacilus thuringienisis]. . . 3[Benthiocarb. . . . . . S-(4-chlorobenzyl)-N, N-diethylthiol carbamate Cypermethrin. . . . . . OC-cyano-3-phenoxybenzyl-2, 2-dimethyl-3-(2, 2-dichlorovinyl) cyclopropane carboxylate Decamethrin. . . . . . (S)-OC-cyano-m-phenoxybenzyl (1R, 3R)-3-(2, 2-dibromovinyl) dimethyl, cyclopropane carboxylate Fenvalerate. . . . . . OC-cyano-m-phenoxybenzyl-OC isopropyl-p-chlorophenyl acetate Permethrin. . . . . . 3-phenoxy benzyl (trans-3-(2, 2-dischlorovinyl)-2, 2- dimethyl cyclopropane carboxylate. 1. Ins. by G.S.R. 823(E), dated 28-9-1976. 2. Ins. by G.S.R. 201(E), dated 29-3-1978. 3. Ins. by G.S.R. 574(E), dated 6-10-1979. 27 ----- Tetrachloroisophthalonitrile. . 1, 2, 4-Trichloro-3, 5-dinitro benzine] 1[Bromophos. . . . . . O—(4-bromo-2, 5-dichlorophenyl) OO-dimethyl phosphoroithioate. Bromophes ethyl. . . . . O-(4-bromo-2, 5-dichlorophenyl) OO-diethyl phosphorothioate. Cartap. . . . . . . 1, 3-di (carbamoylthio)-2-dimethylaminopropane. Dichlorophen (Antiphen). . . 5, 5-dichloro 2, 2, dihydroxy diphenyl methane. Dinobuton. . . . . . Isopropyl-2-(1-methyl-n-propyl)-4, 6-dinitrophenyl carbonate. Dithianon. . . . . . . 2, 3-dicyano-1, 4-dithia-anthraquinone. Ethyl formate. . . . . . Ethyl formate. Fenfuram. . . . . . . 2-methyl furan-3-carboxanilide-glycine Glyphosine. . . . . . N, N-bis (phosphonomethyl). Guazatine. . . . . . . 1,17-diguanidion-9-azaheptadecane. Isofanphos. . . . . . O-ethyl-O-(2-isopropoxy-carbonyl) phenyl isopropyl phosphoramidothioate Isoproturon. . . . . . N, N-dimethyl-N‟-4-isopropyl phenyl urea. Magnesium phosphide. . . Magnesium phosphide. Matribuzin. . . . . . 4-amino-6-tort. butyl-3-(methyl thio)-1, 2, 4-triazin-5-(4H)-One. Triadimefon. . . . . . 1-(4-chlorophenoxy)-3, 3-dimethyl-1-(1H-1, 2, 2, 4-tridzol-1-yl)-2 butanone. Triforine. . . . . . . 1, 4-di-(2, 2, 2-trichloro-1 formamidoethyl)-piperazine. Vacor. . . . . . . . N-3-pyridyl methyl-N P-nitrophenyl urea.] 2[Amirtraz. . . . . . 2—methyl—1, 3—di—(2—4—xylylimino) 2—azapropane. Bendiocarb. . . . . . 2, 2—dimethylbenzo—1, 3—dioxol 4—yl methlyl carbamate. Benzolyprop-ethyl. . . . ethyl N-benzoyl—N—(3, 4—dichlorophenyl) —DL alaninate. Cyanazine. . . . . . 2—(4—Chloro—6—ethylamino—1, 3, 5—triazin—2—ylamino) 2— methyl propionitrile. Etrimfos. . . . . . . 0—(6—ethoxy—2—ethyl—4—pthrim-dinyl) 0, 0—dimethyl phosphorothioate. Glyodin. . . . . . . 2—heptadecyl—3, 4—dihydro—I—H—imidazolyl acetate. Oxadiazon. . . . . . . 3—(2, 4—dichloro—5—(I—methylethoxy) phynyl)—5—(1, 1 dimethylethyl)—thyl) —1, 3, 4—oxadiazol-2(3H) —one. Oxyfluorfen. . . . . . 2—Chloro—1—(3—ethoxy—4—nitrophenoxy) 4—trifluormethyl benzene. Propetamphos. . . . . . (E)—0—2—isopropoxycarbony—1—methyl vinyl—0—methyl ethylphos phoramidothioate. Scilliroside. . . . . . 3B, 6B—6—accetyloxy—3—(B-D—glucopy-ranosyloxy) 8, 14— dihydroxybufa—1, 20, 22, trienolide. 1. Ins. by G.S.R. 32(E), dated 12-2-1980. 2. Ins. by G.S.R. 501(E), dated 17-7-1982. 28 ----- Thiocyclam. . . . . . N, N—dimethyl—1, 2, 3—trithmn—5—amine hydrogenoxalate. (hydrogenoxalate) Vinclozolin. . . . . . 3—(3, 5—dichlorophenyl)—5—ethenyl—5—methyl—2, 4— oxazolidinedione. Benodanil. . . . . . . 2—Iodo—N—phenylbenzamide. Diclofop-methyl. . . . . 2—(4—(2, 4—dichlorophenoxy) phenoxy)—propanoic acid. Metalaxyl. . . . . . . methyl—2-(methoxyacetyl)—(2.6—xylyl)-DL-alaninate. Pendimethalin. . . . . . N—(1—ethyl propyl)—3, 4—dimethyl 2, 6—dinitrobenzeneamin. Fosethyl Aluminium. . . . Aluminium tris (ethyl—phosphonate) Thiabendazole. . . . . 2(4—Thiazoloyl)—benzimidazole. Butrizol. . . . . . . 4—n—butyl—4H—1, 24—triazole TCMTB. . . . . . . 2—(Thioyanomethyl—thio), benzothiazole Bromadiolone. . . . . . 3—3—4‟—bromol, 1—biphenyl—4, Y—3 hydroxy—1—phenyl propyl—4 hydroxy—2 H—1—benzopyran—2—one.] 1[Flucythrinate—RS—(Cyano-3-3-Phenoxy benzyl(s)—2—(4—difluometoxy phenyl)-methyl butyrate. Triazophos—O, O-diethyl, O-1-phenyl-1, 2-4-triazol-3 ylphosphorothioate. Diflbenzuron—1-(4-chlorophenyl)-3 (2), 6-difluorobenzoyal) urea. Bitertanol—B-(1, 1-biphenyl) 4-yloxy)-L (1, 1-dimethylethyl-IH-1, 2, 4-triazole-1-ethrnol. Sethoxydim—2, 1-(ethoxymine) butyl-5 (2-ethylthiopropyl)-3-hydroxy-2-cyclohexen-1-one. Brodifacoum—3-(3-(4‟-bromobiphenyl-4-yl)-1, 2, 3, 4-tetrahydro-1-naphthyl)-4-hydroxy coumarin. Methoprene—Isopropyl (2E, 4E)-11-methoxy-3, 7, 11-trimethyl-2, 4-dodecadienoate.] 2[Isoprothiolane. . . . . diesopropyl-1, 3-dithiolan-2-yl idenemalenate. Carbosulfan. . . . . . 2, 3-dihydro-2, 2-dimethyl-7-benzofuranyl [(dibutylamine) thio] methyl carbamate. Prochloraz. . . . . . . N-propyl-N-[2-(2, 4, 6-trichilorophenoxy) ethyl]-imidazole-1 caroxamide. Methacrifos. . . . . . O-2-methoxycarbonylprop-1-enyl O, O-dimethyl-phosphorothioate. Chlortoluron. . . . . . 3-(3-chloro-p-tolyl)-1, 1-dimethylurea. Probenazole. . . . . . 3-allyloxy-1, 2-benzolsothiazol-I, 1-dioxide. Fluvalinate. . . . . . (RS)-d-cyano-3, phenoxybenzy-1, (R)-2-(2-chloro-4-trifluoromethyl— aniline)-3-methyl butanoate. DEPA. . . . . . . . N-diethyl-phenyl acetamide. 1. Ins. by G.S.R. 500(E), dated 18-6-1985. 2. Ins. by G.S.R. 839(E), dated 14-11-1985. 29 ----- Fenpropathrin. . . . . . d-Cyano-3-phenoxybenzyl-2, 2, 3, 3-tetramethyl-1 cyclopropancarboxylate. Phenothrin. . . . . . 3-phenoxybenzyl (1RS)-cis, transchrysanthemate. Kasugamucin. . . . . . [5-amino-2-methyl-6-(2, 3, 4, 5, 6-pentahydroxy cyclohexyl) totrahydropyran-3-yl] amino-a-iminoacetic acid. Amidine Hydrazone. . . . . . Tetrahydro-5, 5-dimethyl-2 (1H)-pyrimidilone [3-[4-trifluoromethyl) phenyl]-1-[2-[4; trifluormethyl phenyl ethenyl-2-propenyldene] hydrazone. Anilofos. . . . . . . S[N(4-chloro-phenyl-)N-isopropyl-carbomoyl-methyl]-O, O-dimethyl dithiophosphate. A herbal extract containing diallyl disulphide, Allyl propyl disulphide and Allyl isothiocyanate, diallyl disulphide, Allyl propyl disulphide and allyl isothiocyanate.]. 1[Phenamiphos. . . . . ethyl 4-methylthio-m-tolyl. (Fenamiphos). . . . . Isopropylphosphoramidate. Ametryne. . . . . . . N-ethyl-N1-(1-methylethyl)-6-(methylthio)-1, 3, 5-triazine-2, 4 diamine. Prometryne. . . . . . N, N1-bis (1-methylethyl)-6-(methylthio)-1, 3, 5-triazine-2, 4-diamine. Fluazifop. . . . . . . P : (IUPAC) (R)-2-[4-(5-trifluoromethyl-2,-pyridyloxy) phenoxylpropioniacid]. 1[BORIC ACID. . . . . Ortho : -boric acid. BROMOPROPYLATE. . . Isopropyl 4, 4—dibromobenzilate. RESMETHRIN. . . . . 5-benzyl-3-furylmethyl (1 RS, 3 RS, 1 RS, 3SR)-2, 2-dimethyl 3-(2 methylprop-1-enyl) cyclopropanecarboxylate. AZAMETHIPHOS. . . . S-6 chloro-2, 3-dihydro-2-oxooxazolo (4, 5-b) pyridine-3-ylmethyl o, o-dimethyl phphorothiate. METOLACHLOR. . . . 2-Chloro-6‟-ethyl-N-(2-methoxyl-1-methylethyl) acceto-toluidide. VALIDAMYCIN A. . . . 1L-(1, 3, 4/2, 6)-2, 3-dihydroxy-6-hydroxymethyl-4-(1S, 4R, 5S, 6S)-4, 5, 6-trihydroxy 3-hydroxymethycyclohex-2-enylamino) cyclothexyl-BD-glucopyranoside. HALOXYFOP METHYL. . Methyl 2-(4-[(3-chloro-5-(trifluoromethyl-2-pyridinyl) oxy] phenoxy) propionate. PIMARICIN. . . . . . (8E, 14E, 16E, 18E, 20E)-(1S, 3R, 5S, 7S, 12R, 24R, 25S, 26R), -22 (3- amino-3-6-dideoxy-B-D-mannopyranosyloxy)-1, 3, 26-trihydroxy12-methyl-10-oxo-6, 11, 28-trioxatricyclo (22.3.1.05.7) octacosa-8, 14, 16, 18, 20-pentaene-25-carboxylic acid. CYHALOTHRIN. . . . . (RS)-a-cyano-3-phenoxybenzyl (Z)-(1RS, 3RS)-(2-choloro-3, 3, 3-trifluoropropenyl)-2, 2-domethyl-cyclo-propane-carboxylate. CHOLECALCIREROL. . . 9, 10-seocholesta-5, 7, 10 (10)-trein-3 betaol; activate 7- dehydrocholesterol. 1. Ins. by S.O. 511(E), dated 25-5-1987. 30 ----- TOLCLOFOS-METHYL. . . 0-(2, 6-dichloro-4-methylphenyl) 0, 0-dimethyl phosphorothioate. PIPEROPHOS. . . . . S-2-methylpiperidincoarbonylmethyl O, O-dipropyphos-phorodithioate. CHLORPYRIPHOSMETHYL. O, O-dimethyl 0-3, 5, 6-trichloro-2-pyridyl-phosphorothioate.] 1. [1][CYPERMETHRIN. . . (SLR-Cis-and R-LS-L-Cis isomer) (ALPHAMETHRIN) (IUPAC) (S)- alpha-cyano-3-phenoxybenzyl (1R, 3R)-3-(2, 2-dichlorovinyl)-2, 2-dimethyl cyclopropane Carboxylate & (R)-alphacyano-3-Phenoxybenzyl (1S, 3S)-3-(2, 2-dichlorovinyl)-2, 2-dimethyl cyclopropane carboxylate. 2. BENFURACARB. . . . (IUPAC) Ethyl N-2, 3-dihydro-2, 2-dimethyl benzofuron-7-yl oxycarbonyl (methyl aminothio)- N-isopropyl- β-alaninate. 3. CYPHENOTHRIN. . . (IUPAC) (RS)-γ-cyano-3-phenoxybenzyl (IR)-Cis, trans chrysanthemete. 4. CYFLUTHRIN. . . . (IUPAC) Cyano-(4-fluro-3-phenoxyphenylmethyl-3-(2, 2-dichloroethenyl)-2, 2-dimethyl-cyclopropane carboxylate. 5. DIMETHAZONE. . . . (IUPAC) 2-(2-chlorophenyl-4-4-dimethyl-3-isoxazolidinone). 6. DIENOCHLOR. . . . (IUPAC) Perchloro-1, 1-bicyclopenta-2, 4-diene. 7. EPIIOFENPROX. . . . 2-(4-ethroxyphenyl)-2-methylpropyl-3-phenoxy-benzyl ether. 8. FLOCOUMAFEN. . . . 4-hydroxy-3-(1, 2, 3, 4-tetrahydro-3-[4-(4-trifluromethyl benzyloxy = phenyl-1-napthyl] conmarin (mixture of Cis & trans isomers). 9. FENARIMOL. . . . . (IUPAC) (±)-2, 4-dichloro-a-(Pyrimidin-5-yl) benzhydryl alcohol. 10. FLUROXYPYR. . . . (IUPAC) 4-amino-3, 5-dichloro-6-fluro-2-pyridyloxy acetic acid. 11. FLUFENOXURON. . . 1-(4-2-chloro-4- (trifluoromethlyl) phenoxy 2-fluorophenyl) 3 (2-6difluorobenzoyl) urea. 12. FOLPET. . . . . . (IUPAC) N-(trichloromethylthio) phthalimide. 13. CLOPYRALID. . . . (IUPAC) 3, 6-dichloropyridine-2-carboxylic acid. 14. MYCLOBUTANIL. . . (IUPAC) 2-p-chlorophenyl-2-(1H-1, 2, 4-triazol-1-yl-methyl) hoxanenitrile. 15. METHEDATHION. . . S-2, 3-dithydro-5-methoxy-2-oxo-1, 3, 4-thiadizol-3-yl-methyl O-Odimethyl phosphorodithioate. 16. OXADIXYL. . . . . (IUPAC) 2- methoxy-N-(2-oxo-1, 3-oxazolidin-3-yl) acet-2, 6-xylidide. 17. PENCONAZOLE. . . . (IUPAC) 1-(2, 4-dichloro-β-propyphenethyl) 1 H-1, 2, 4,-triazole. 18. PRETILACHLOR. . . (IUPAC) 2-chloro-2, 6-diethyl-N (2-propoxyethyl) acetanilide. 19. PRALLETHRIN. . . . RS-2-methyl-3-(2-propynyl) 4-oxocyclopent-2-enyl (IR)-Cis, transchrysanthemat. 20. PYRIDATE. . . . . (IUPAC) 6- chloro-3-phenyl pyridazin-4-yl S-octyl thiocarbonate. 21. PYROGULION. . . . (IUPAC) 1, 2, 5, 6-tetrahydropyrrolo (3, 2, 1-i j) quinolin-4-one. 22. PYRIDAPHENTHION. . O, O-diethyl 2, 3-dihydro-3-OXO-2-phenyl-6-pyrida-zinyl phosphorothioate. 1. Ins. by G.S.R. 858(E), dated 12-8-1988. 31 ----- 23. SULPROFOS. . . . (IUPAC) O-ethyl O-4 (methylthio) phenyl S-propyl phosphorodithioate 24. SEBUPHOS. . . . . S, S-di-sec-butyl O-ethyl phosphorodithioate. 25. TRIADIMENOL. . . (IUPAC) 1-(4-chlorophenoxy)-3, 3-dimethyl-1-LH-1, 2 4-triazol-1-yl) butan-2-ol. 26. TRICYCLAZOLE. . . (IUPAC) 5-methyl-1, 2, 4,-triazole (3, 4-b) (1, 3) benzothiazole. 27. TRIDIPHANE. . . . (IUPAC) (RS) -2- (3, 5-dichlorophenyl)-2-(2, 2, 2,-trichloroethyl) oxirane]. 32 -----

30-Jan-1955

1

The andaman and nicobar islands opium smoking prohibition regulation 1955

https://www.indiacode.nic.in/bitstream/123456789/18992/1/ani_opium_smoking_prohibition_regulation_1955.pdf

Andaman and Nicobar Islands

,-- . --._ --- --- - -:---- -- --:- - - -- ------ -------~- .-.- .•.. _-_ .. _------ -- _f_ ###### OFFICE OF THE omss COlDlISSIONER, ANDAlIAN AND N lOOBA:a 18W.ND8. ###### NOTIFICATION. _PPrt_ _Blair,_ _the 4t1t_ _8sptsmb-er 1955._ ###### No.90/55.-Ttla following Regulation P'r<mlulgated - -by the President uDder elsase (2) of article 243 .of the ###### Constitution. which was published in the Gazette ()f India, BriraordiMl'Y. p&ri II, Section I, datod the 29th . M.arob 1965, is hereby republished for general inform.&tioo. THE ANDAMA.N AND NICOBA.R ISLANDS O:f-IUM SMOKING (PROHIBITION) -n.EGULATION, 19M. f ###### No. S'OF 1955 \ ###### Promulgated by the ~ident in th e Sixth Year of the Republic of India. A Regulation to amead and consolidate the law rela.ting to the prohibition of opium smoking in the Andaman sud .K ioober Islands. In exercise 'Of the VO'Vfers conferred by olause (2) 'Of article 243 of the Constitution, the President is ###### pleased to promulgate the foUowing Regulation m80de hy him~ 1. (1) This Regulation ma,'! be caUed the Andam, ,an, and Nkobar Short litLe. utect Islands Opium Smoking (Prohibition} Regulation, 1955. aAd commence. lII •• t. -(2) It extends- to the whole of the territol'y of the Andaman and ###### Nlcobar Islands. (3) It shall come into focce at once. 2. In this Regulation, lUl}e,a the context otherwlse .-•.'•••""'"S .• UilU,- 'nVcUDltu"n._" .. . (a) "Chid' Comaussiceee " means the Chief Coromi •. sionet of the Andaman and Nicobar lIiands; (b) U CoIIectnr" means the Collector of land ~e in the lsianda and includes any other penon appointed by the Chief Commis8ioner to di.tcharge allot' any of the functions or to exercise all or any _ol the powers_ of the Collector under thi.l Regulation in relation to any. loctl area; ###### (c) "Exciae--offi.cet" means any penon who may be appoint.ed by the Ch~ Commissioner to dischaqe aU or any of the functions or to exercise all or any of the- powea of .n Exciae--olficer under this Regula. tion in rdation many loca. I ua; ###### (d) "Islands" means the Andunan and Nicobu Wa.nd.a. _. (e) - notification" means a notib.cation published in the Official Gazette ; , ro "?Piwn smoker" meeas a penon who smoJces prepattd opium ; (II) "place" includes a building, howe, shop, booth, tent, vessel, raft, vehicle and enclosure, and any part thereof; ###### (b) "prepred opium" means ~... ~ or any product of opium obtained by any series of opentions d-estgned to transform into an extract suitable for 6fDOkiog and # ':h: includes the at' other residue mnaining after opium is ###### amoked; and (i) "r~" in relation. to any penoo meana ~ _ op or before the thirtieth day of Seotember. 1953. as a smoker ----- II .ti4.ti_ 0 f OJ. Al1.~ and ~ whkh bave. bea done U¥l ~ certai. ~ .06 with respect to ~d.oo 01 opilUJl smokers in the b1anda on 01' llI"«:eesiiqs. before the thirtieth day of September, 1953. by the Chief Q:m.. missioo.er or by any person acti1lI wader the autbmity of the Chief Commiaaioner or otherwise in pursuance of any orc1et or l\OtiiaJiOll made or issued by the Chief ~ before the comft'leT1C"b' ###### mart of this Regulation. shaH be valid and operative, as if &uch acts aod·~bad·heea~mdtakmin ~ wfth law; and all pe:f8Ol\A ~ in pursuaace of Ul'V auch otder oc notdicteioe a.de Ol' iaaued by the Chief (Agmill.'Sjoner, shalf be ###### deemed CO have been t'egistemd under this ~ u if this Regulation was in force on 1be date of such order oe n.otifica.tion ###### and authorised the ~n of opium smokers in the Wands on or before the tbktIdh <Jlv of September, 19S3. in accordance with the provi3iona of such order or notification. S.oki.. - pre· of. ~~, not being regiater!d, smOkes prepared opium s.ha11 ,.red opiu •• be P*dshed f()t tht fitst oIfence with impriwDment which may extend to six months, or with nne which may ~ to five hundred ###### t'u~, or ~ both, and for every such subsequent offence with imPrlsonmertt_ which may extend to one year, or with fine whrch may ~ ttl ooe thousand rupees, or with both. PfCllllDpti.. crl 5. If •• y ~ not bt!oc ~. is found in po&SeSSioc _0(_ .melin. pl'e,.,. PRPUed _o¢.um or of any apparatus u.scd fot' the amoking of, or - .,ium i. c:ert&i. C&1ft. in the mmutaCture of. pceparea opium, it shan be pruumed. until the contrary Is-proved, that such person smoke!' prepared opi~ .. Mea_title, 6. Wboevc:r manufactures, ~, buten - .en.. t~ or ~OQ_U. expoees for sale _Ot ataaptll10_ teD anv. ~ opium, or assiAts J '_pued any other person whether rqistered 06 DOt. in the manufacture of GplU". prepared opium. shall be punished'widl imprisonment which nay extend to two years, or with fine which may extend to two thoasan~ rupees. or with both. ###### £.u,e~.-Manufacture, oe poasesrion for his own use, by a ~ opium IZDOKer of prepared opium. not exoeedtng.ooe tala in weight or such othet- leuet' quantity u the Chief Commisaonn InAY. by notification, direct, ehall not be an 06~ undcl' t:hia section. J(eepi~ Of J..1Ft,. . 1. Whoever opens, keeps or uses any place, or penuits any c:n.,.e J ~ pW:e.tiO be used, for the purpose of enabling two or ~ pet"IOnS, llIused foe "e.-red Imokintopium. . whether ngiatered or not. to meet _lo._ ""'lS"'u.~ to smoke---(J'V"p""''OU -I opium. oe has the eare of management of 0(' in any way u"ists in conductinc the lmsiness of, any place used Of kept for the aid purpose, shall be punished with nnpl'isonment which may ettend to two years or with fine which may extend to two thousand rupees, or with both. Sm oIri"c - pre_ 8. If two or more persoes, whether registered or not, assemple .-reel opilt. iD Assemhl,. ol two in an, place for the purpose of sznoking prepared opium, each such « more. pet'SOft'shall be punished with imprisonment which may extend to one yat', or with fine which may extend to one thousand rupees, or with~ "Clam ptioa 9. If any prepared opium or any apparaa:u. used for .~ fr_ ###### at' in the manuf~ of, peepared oplUO!. is found in any place preseecc `.I.prepared` where two or moee persoN. whether r~ or not, are opJllI'lI. erc., aseembled. it shalt be presumed, until the conttary is proved, that fa cerl.;" the place is used, and that the persons are ~ in such place. for places. the purpose 0[ smoking prepared opium. #### ,. ;",.. ###### ::'s- Secvit}' f. 10. (1) 'When~ allY persoo is convicted of an df'eooe punish.. -abat.tUltI able under this Regulation, the Magistrate may, in addition to my "eACCt. 'Ff" aentence whic.h may be passed a hood for a sum proportionate by him. ordee such to hia meana, with ~ or to without execute aufeties. for a~ from the comrni.-ion of ~ under tIlI$ ~ during- auch' period, not excecadina thiee years, u be ###### thinb fit to nx. _(Z)_ The bond .wI be in the form ~ in the Schedule ###### ~~xed. tp ~ ~ and the proviaioDa of the Code of ----- ###### -------- - - - ---------- P_r to 11. (l) If the Collector or a M&iistrate of the om dua or ARter a~ second class. upon information received and after such ulquiry. if "'C:"&BJ any. as be considers necessary, has reason to believe that any place is place and - ###### used fOtt the commission ·of an offence under this Regulation, he •• in article. .00 '0 arT."t may, after «:COr9m& fhe s~e of the inform.ation.- peflona _ (a) entet $UCh place by day or night with such assistants found ###### as be may eon.i4er ~; i. aUoCa place. (b) search aU part'S of .ach pI.ee in wbi.ch he bas reason ###### to belieee that any prepe:ftCi Gplum Of .•• :~ foe the smok.ing of mch bpiwn or tor the _ _ ~. is concealed and aU oe any of the penon. whom he _, find in sueh place; (cl attest any person found in such place, whom·be has reason to believe to be gu.ilty of an offence under thia Regulation i and (d) ~~ aU ~ed opium and ~ratus for the smok- ing or for the ~ thereof. whk:h may be found in . ###### such~ior . tel iaue a warrant to eny ~ Of aDJ Police 06ac:cr Coot below the rank of a ~) a~ IIICh officer to do any of the acts specified in clauses (a). (b); (C) and (d) of this sub-section. (2) Whenever any Excise-officer or any Police 06'icet (not below the rank of a Sub-Inspector) has reason to- believe that any place is used for the commission of an offence ~ this Regulation and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence 0( the offence. such officeT may. after recording the grounds of his belief, do any of the acts specified in clauses (a). (b). (c) and (d) of sub-sectlon (1). V 01 1898. 12. (1) The provisions of the Code of Criminal Procedure. 1898 Ap~ti - shall apply to the execution of warrants and to searches made under 01 C ••••••• section 11. . Criai_1 ###### ••••••••••••• (2) For the purpose of the said provisions of the aid Code. Jbe - _rr.ltu '" to Collector shall be deemed to be a Court. .ad leuclt - ea under seetioa II. 13. (1) Whenever any officer malcea an arrest or seizure under ~p«t to this Reaulation. he sb.ll without delay .• and in any case within be made in twenry..{our hour., fOcward every pet'SlOO. arrested and everything UK of seized with iUD perticuJ8rs of the arrest OT' seizure to the Collector ee,'" 0. ware. or to the Malisttate. as rhe case may be, by whom the warrant was issued. or to the nearest poUce..-station. if the attellt or set%\lfe W'U made by such alicer while exercising his powers under sub-- section (1) of section 11. (2) In <the case _.t1.,._ arrest or seizure made under the authority of a warrant issued by the Collector, the said officer: shall, unless the Collector proceeds under section 14. within the aforesaid period of twenty-four hours. forward the person and things produced befere the Collector to a Magistrate having jurisdiction to try the case together with full particulars of the arrest or seizure. 14. (1) The Collector may. without the order of a Mapatmte. Powera 01 investicate any offence punishable under this ~oa whtch . a Collect III to Court having junsdiction over the local area within the limits of the in veatiaat.e Collector's jurisdiction would have power to try. alJeeces. (2) The Collector may. after recording in writing his reason for suspecting the commilllion of an offence which he is empowered to investigate. exercise lIllY of the powers conferred upon a Police Officer ma1cing an investigation, or upon an officer in charge of a ###### polke-station by sections 160 to 111 of the Code of Criminal Proee- V _011698._ dure.1898. (3) The Collector may, without reference to a Ma~te and {or reasoos to be recorded by him in writing. _stop_ further proceed- ###### ings against any person concerned. or supposed to be ca.occmed in any offence which. he has investigated. (4) A3 soon as an investigation by the Colleeeoe has been compleeed, if it appears to him. that there Is su8icient evidence to justify the forwarding of the accused to a Magist:r'Ue, the Collector shan submit. report [which shall, for the purposes of section 190 _'V_ 01 1896. n;~ - r",~ ... ",(("..t - • ",,,t 'D,.""'4A •• _4 1QOQ I..~ ,.f~~M~ - ~ L_ - __ 1:-- ----- (5) The powers conferred on the Collector by this section may. subject to the OOII.l.tI'ol of the Collector, be .eRrcised by Ml &cae.. ofti¢er, duly empowered by the Chief Commi.s.sione:r in this behalf .. I 15. Whenever any persotl arrested under this ~~tion is prepared to furnish bail to the satisfaction of the officer making the arrest, be mall be ~l.eued on bail, or at the discretion of the officer makinc the arrest on his own bond. -, ###### c.- 16. Every aBicer of the Police, 'Forest or Land Revenue tce,.~ad Department ehaU be bound to live reasonable aid to the Collector and Exciee-officera ill c:vrying out the provisions of this 'Rt!gula~on upon a request made by aueh officer. 01 . 17. On. the. cord ••••.• a trial for an cMfeoc.e ~ true R~ e "ticn, the Ma~ may order that any prepared ~ and fA-:L ld:'tcOJ ~ Or aPPliance in respecr of, or by mean. 0{ Wbkh ized. - •.•••••• - •••••• COIIUDit$ed, or appeata to have been ommrittt.d. Of ###### aa, ~l~ •. padc.age or covering in which such prepared opium. iutrument ot appliance was found aad any other contents of such receptacle, pa~ge or covering shall be confiscated or destroyed. . triable 18. No M~te Othu than a Magistrate of the ~ cJ.a.,s or a certain Magistrate of the second class specially empowered by the Chief el Comtoiaaioner 10 tlU behaJl. "U try an, o4fence punl.shab~ tmdet ###### this R",datioa . - Ct" 19. No Magistrate ahall take cognizance of an oI.fence punishable under this Regulation except on the complaint or report of the .coIlector or an Excise--ofice-r or a Police Officer (not below the rank of a Sub-Inspector). - . _'T-_ 20. No suit, prosecution Ot" other tepl proceeding shall lie against any-person in respect of anything which is in good fatth done or intended to be done under th~s Regulation. ###### •••• 1L '1M Chief o.m~ x.aay. by nod6catj.on. make ruIes (or the Purpoee of c:a.nyios Into e:ftict the provi$ions of tbia Regu- lation. . Provided that no such rule ab.aIl authorise the ~tion of ~um smokers after the commencement of this Regulation. Provided further that in making such rules, the Chief Commis- sioner may cancel, rescind, vary or otherwise amend any ordee or noti6cation made or ilsued by him before the commencement of thU Regulation. . 22. The Andamaa Islands Opium Smoking Regwation, 1940 is hereby repealed. ----- THE 8CHEDULE. Bosn TO .1IIJt.UX no)( THZ eo •• IS810Y OP OffC!lTCIS UlfDU. 'II. AJr04IUlr .un" NlCOllAi. bL.l·ND OPIUl( S.OIJXG (PflOHIBITIO~,> Rio ULUI I)lr, 1~!)l). _( SN seetioa_ 10 ) Whereas I --_ _-~ __ ._ _._ .. _ _ _ - . . aon ###### (name) -.- _~ ~ .• ~- _.- •...... _ _ •. _ ~of- :.-~-:-----.- - (fat:het"s DiIIDiC or husband's 0Jft)e ) ...• - - ..•... : •.......•• ~._- .•. _.::.:..__:..-.- - .• :----._.- ..•....• ###### inhabitant of"...~_! ..•.... __ ._., _ (p~) ~ - --_.~ .••••••••••• , have been called upon to enter into a baod to abstain frOom the' CQmmitlion of ###### ~ under the AndNMn and NkaI. &lands Opiwu Smoking (Prohibition) Regu)atioo, 19S5 for - - - f ...•••.•....•..••......................• _ •..••....................•... - (period ~ .••••••••••.••• tt-~ ••• - - I hereby biDd tnyadf not 10. ~ aay ~ offence during the said term,: Iod in cue of my mllQ", ~ ~ _I heJeby_ bind my- ###### sdf to fOtfeIf..,~traI Government, me sum a( fupees ..•.••..• ~ •• __ ..• r ••. - ••••.•••••.• ............ , ...•..... _ ..............•....• , , _ 'Dat:ec:l th.i.s •.••••••••••..•...•.....••.... , ..•.•..•...• day of ....•.•.••••.•••.•••• , .••••.• , ..••••• ,.. •..• **19 ... - ....** ###### (WheR a bond widl ••••• is to be ~ted, ~ ) We do bereby-&ct.re ~ ~ for the ~~DI~ •• _ ••••• - •••• _ ••••••••• tNt be will u...m from the coitilm" •• ,-·of o6ucea under the' Andameo and NJcobar I.Imdt Opium Smokiac (Probibtdgn) lleJuIatloA, _'195S_ during the Mid tmn, anc:I. in cue of'his making default c:herein, lIVe bind outselves. joiDdy and ###### lleYeraDy to forfeit to the ~traI Goftt'DlQeftt the sum of rupees .• _ ••.•••••••••••••••..• - •••• - •••• - - ••••• - •• I - • ~ - Da.tr!CI tins .......••..•.••..•.••. , •... **davof** **- ...•..........** **19** **.** RA.JENDRA PJUSAD ###### Pruided. K. Y. 8H.-\NJ)ARKAR.. ###### S'~l' [o de Go 111. ,f I.llia. RRAOW AN SINGH. s.cmv, to tbt qllH' eo",eIaion." _A ttdamaD •_ _MUIobtlr Islll"dB._ / -----

1-Jan-1956

2

The andaman and nicobar islands money lenders regulation 1956

https://www.indiacode.nic.in/bitstream/123456789/18991/1/money_lenders_regulation_1956.pdf

Andaman and Nicobar Islands

A THE. N . M :,1 A~· 0 NICDB R ISlANDS - CN Y-LfiND~qs ;-\EGULA ''lCN, 19')-) No.2 of. 19')6 . 'Tied ~5 On ,;:lte 31st ~."I' .. 1993 ) -, BLISHED BY IJTHQ'1ITY #### s ###### ar: :-!::D BY The Man~ .er J Govel.'nment 'PrP.'Gs. ``` Pnrt B13ir ``` (IN JUNE 1993) # • - - .. ###### • _t_ .. ----- THE.N '1A7' AND NICOB, ISL:"'NDS MO\IEY LENOF.aS .1:::G!JL\.ICN" 19')t=i No.2 of 19'16 - PrOGluJ:; -I:.C'(! by th~ P.rc;sic.cnt in tho SGvcnth Y~~r of ~h~ Ro~ub ic of India. A RGJulr:l.L:i,.cm to I' .,_;ulaf:._J Cln:l control the transactions ###### of moncy-i I cndin ', in th" Andam;:m and j licQb~r Ls I an s • • In ex :rcis8 of th'? DO'N~rS conf'or r-oo by r:laus0 (2) of '1rticl-' ?'1.1 of 'th,? c on s t i.t.u t Lon , th. Pr-si J,:;!\t is nl aascc to. :-romul_:;qtc? +.ho followin; - o ju Lo t Lon m .-) by him:- C 1'ri::a I PRELIN IN. RY ###### t ti tl -: ex- (1) This Ho .u l a+Lon may h~ c al Lo.: the: Anc man and . , ;:;Inri commc- nerrt, , N'i c o bar- lsl;mas Mon_y,lonrt.)rs R(?_;ul'3t.ion, 1-9,)1'). - 2 .. ) ###### ( It :;xtonr:1s to th,: whole of tho Anr.aman nnd Ni cobar lsI n':s. {3) `It` `sh311` como into forc `On` `such1dato` as `tho` Chief Comrrd s s Lonor- rna, t by no t Lf i.ca t Lon in tho ###### effici;:il G.,,! z o t to, a~ooint. initions. 2. r-)~uir:;s, - of 1949. (a) 'brlnk' rne an s a b-mk i n: company as dofincd ~ \' ###### in the B"ln.,in J eomn,.ni;s Act, 19 r9 4Lan includes tho State: B"nk of Lnr+i. constitu- of .195'3. t~rl undor' t ho Stat~ Bank of Iridi e . ct, 195'il (b} 'Chief Corrmi.s s i.oncr- r rne.::'\ns th? Ch.i cf Cornmi- ###### s s i.orior' of the An aman an Ni c ob ir- Isl.an(4s; _(c)_ "Comr-or ry ' rnc=m s ., com+eny rlS dof Ln s d in !-,h' 7 -of 1'913 Inci sn Comr an Lo s Act, J 9 J 3~ arv ' Lnc Lu do s 8r comrvmy f orrnor' 1n~ r o jist,:r~ ou t s i do Indi; of 19.12 (d) 'Co-o';;10r,tiv _ s c i.o+y ' m·.;:ms a co-o~orativ, sr-c Le t , rr; ' is+: __ r._f. Un': ,I- th;~ C -o:>2rativ€ `Socioti0S` Act, )9J2, `or un<` `or` `~ny` `othor` 1 ###### for +ho t irno b .in.: in f or-co in ~ny St,"lt-' f t.ho r-o ist.r.:'ltion of c0-o:or.:>.tiv::? soc i.at.Lo s ----- (v) ~n ?rly-'"\nc~ m"'d'~ to -=l subscriber to, or () 000si tor;t ###### in~ ~ Pr~vi~6nt Fun~ from thQ ?IDount st~ndins t~ his cr~0.it in th2 Fun in Jccorj?nCG with rul~s **_-_** **_.. 1._** 6f th ~ funcl'. (vi) ." Lc in tr, or hy -1n Insur enc o _com';:'r-my_ = s (hfinc.?d 1938. in tro Ln s u r aric ~ Act t J 938. (viii) an ''lGvanc:) _m:lr)a_ r n tm b= s i.s of nC?}otir'!blc ###### instrumo, t 15 dcf Lnor' in th':' N.>::;otiablo Instru- ],:681 ments Ac t , 881, oth",r t.h-m a ~ ~issory note; ###### (ix) Fl m";r~~' "'_y ("If ~Cl00 {If!. tr2.·t which flccom!:,,"Ini Ii by rl bene be in~ int.~rost ox ocu t.cd ###### in r e s ooc t of tho sU::'T')ly of such cor s on cr?di,t; (j) 'm0r>G~'-1(2ndGrf m,~?ns a :'Ol'son ottior t han b"mk- (i _J_ w C"c""rri's on `thO?` bu s Iric s s of monoy-lEndino `In` - ###### the Isl'ln~'s or / ( va .. i, ) `who` [h][.][:][:][>][s ] i1 rlr:c0 r:f suc l, ~ ~n ...• s `in` tr[-]e [L]s[.]l a[n][cl]s , ``` lnclu~ s ~ D~wn-brokcr; ``` (,:) 'mcn.cv-, lc , rlin-, business' or "bu s i.n o .. s s of m\'l'cy-L.nrlin I mi:." ns the ru~:_ .f'L s ~ ~f " v vn c i.rvj ###### Inans (~. t hor- so l o.Iy or in common with any o t h c ::)u ~in:~ s s ; (1 ) rneans 1 :--crson who c ar-r i os on ###### I th(~ husin )SS f takin~ ]o0ds n. chattels in :--"~wn for 3 loan; (m) - =-,?vm"r I rn a <n s a !,,<?r son c(;liV0rinJ on rticl C? ###### f 0r n~\,1Ifl to -'" :'Bwn-bro co r- ; by tho Ch~nf Comnu s s l oncr- un<1QX' t is ,=t Julati _(c:)_ - "'rinci A1' in r'}l;:ji:i .. on to , Lr-an mo en s tho elmo T"L =c tu .. nlly lent -to the do btor:' `01` (\",) , T(~vir4r:nt Fun .. ' me> ::IllS 1 lPF.0vic:mt Fund as r.~fi..n~d in th ..... Provident Funl'is, Act, 192')~ en: .i nc Luc '?s a Govor nmerrt Provident Fund nne' -9 `:i",ilw·y` PrevidQnt Func 2IS dofincd in `thi3t` Ac 1 I -----

30-Jan-1955

1

The andaman and nicobar islands juvenile smoking regulation 1955

https://www.indiacode.nic.in/bitstream/123456789/18986/1/ani_juvenile_smoking_regulation_1955_2_of_1955.pdf

Andaman and Nicobar Islands

###### Af1DM1MTNID HICOB/IRREGULJ\TI ISLAfJDS)II ; 1955 JUVEITil!I.E SMOKIIJG ( . no. 2 of 1955. ?P ? RopublicP1·omulgatcdof Indin,by the P1·csidont fllf in tho Sixth Ycn1· of thG A Regulation to Pl'OVidG fo1· tho ###### juveniles in the Andam.:1n and 1T1cob,:u·p1·ovon.t.ion Islands. of smoking by In cxc1•ciso of the A1·ticle 243 of tl1c powo1·s confe1·1·cd by Clause ( 2) of ###### pleased to p1·omulgrite Constitution,the the P1·csfdont is him: - following Regul?tion mndo by 1. Sh01·t T 1 tlo, oxtont and ###### RogulctionJuvanilo(2) ITItS:noking1moy cob<'.11·extendsbe Islnncts.Rogu1nti0n,ccllodto thetho Wholecomrnonccment:Andnmcn1955. of thoend .Ando.man1/1- cobn1·( 1) ThisondIslands ( 3) Ch1e.:rIt shallCommissiono1·come in to fo1·cc on such da to as tho 2. Definitions:-the 0ff1cinl Gazette, mny, appoint.by notifier: tion 1n ,. ###### In this Othcl?i SC z-o qu il·e s s - RGgulntiJn, unless the context ( n) 11Chicf Comm1ssi-Jnc1·11 of tho means the Chief ###### (b) 11C:f.gu-ottcs".Andaman en-ct· n1cobnY Islands; Commissionoi· (c) anyfor·"tobacco''totobacc_obesmokingtobncco;c?pnblcleaf,.mct:nsmixtu1·?includesof.01·· tobocc.ooillimcdintc then·in tendedcutaoin t otobacco i-anyuse iolas f'oi-fol'l11,c:in subs1·ol1Gdsuchsmoking; andti tufOl'Inincludes toin pcpo1·r: s (d) ''Public placo" he01·Cl'oft vcotnc1·wiso,ac•. cos s f'oi-andmeans.thoincltidost imoany b oinplacea jo·ctyg, towhowhich tho1·end O onthowo p[to] cYQ)onPublici- t 3. P1·ohibi tLn ###### Whoovo1·shnllcigc1·cttho ogcbetcofsollspunishable:-Popol's,sixtoon01·c0ainstgiwhc vosyon,thc1·tossc anyLofo1·cny oftobacco,youngthetobcccc,use po1·sonofc1ga1·0o tcsuchcppa1-ont1.yttcs,to pc1·sonjuvonilcs:pipos01·undc1·not,01· ( n) in tho (( c) b) Incxcoect1ngGXCOCdingIn thetho casecr:soca fiftysGtwentyofofof ?nysecond.'.'ll'Upcws;1?pccs;[f ]il· st conviction,§d:f.nnd conviction,with finewith notfinc not not subsequent ###### oxccccting fifty lUpoos. conviction, with fine 01·4.of YounPowc1·e; po1·sons:to soizo - endIt dcst1·oyshe l1 be tob,9ccoin tho possession -.- llnyCJ_,.iofc1gal'cttos,anyYoungCouunissiono1·othc1·po1·sonpipespo1·son Ol' in 01·cigcl'otto?hisclass bohclfof pcpol'slii11fu1po1·sonsto soizoinf 01·autho1·iscdthon an1tpo tobacco,[11] co byoff theic 01· ###### cppa1·cnt1y undo1· possossion of ##### libc ago of sixteen yocl'S ----- -2- whom he finds nny such a1·t1q10.smoking in ony public plocc and to de s t i-oy uponthos.tako Institutionacogniznncccomplaint ofofmadep1·occodings:-an by,offence01· atunctc1•Irothe nu:gist1·atoSection 3 exceptshnll ? - r:01· soi7Ul'Or1 pa1·cntpolice undo1·01·office1·gu,11·dinnSection01· of'o tno4. thoi- pcn·sonyoung pc1·.s·)ncmpowc1··.dinstancc4concclncdof,to maim ###### 6. Summn1•y ju1·isdiction:- on(Actt1·ycont.:1inodanysumma1·ilyVmngisti·r:tcof 189in ?);thooffencesofCodetho thoChiefofundm·SecondC1·i .iinnlnotwithstandingCommissi,mcn·Section01· Thi1·ctP1·ocodu1·0,3. Clossm?yanythingconfc1· 1898powc1· to 7. Rogulction not to ###### p1•ovisiorts ?f this Ra [Ulationapply in Sill111co1•tc'.1h notc o sonpplys r ; Tho- - ( a) ciga1·cttos,thoto anycgc youngof sixteenpipespe i-son 01·YGa1sr:ppn1·cnt1yto whomuridci· tobacco, ###### cmployod01·0thoy soldc:1·0 byf'ounct,01· ngi vcn if 01·ho 1nciga1·ottowas wbomoct thoposscss1.onpr:po1·stime doc1c1· in, such m.c.n.ufD-ctu.1·c.l' 0£, 01· a #### business;01· 1·ctail, roi- thoa1·ticlos,pu1·posos oitho1•of his wholesale· ###### (.h) to mcmbcns of any St..1.Ch uddic tod to nbo1:i£incl tl·ibo ###### by the Chief smokingCorumissiono?as mny bo spoc.i.ficd -- in tho..-? by not1ficot1on ###### Gozotto. RAJ EIJ DRA PRASAD P1·0.sidont. K - [Y] - BHJ\IJDARKAR ###### S0c1·otn1·y to tho Govc1·!1.J.lcnt, of Indiu. -----

23-May-1986

29

The environment (protection) act, 1986

https://www.indiacode.nic.in/bitstream/123456789/18998/1/environment_%28protection%29_act%2c_1986.pdf

Andaman and Nicobar Islands

# THE ENVIRONMENT (PROTECTION) ACT, 1986 ## (Act No.29 of 1986) ----- ### THE ENVIRONMENT (PROTECTION) ACT, 1986 No. 29 OF 1986 _[23[rd] May, 1986.]_ An Act to provide for the protection and improvement of environment and for matters connected there with: WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows: #### CHAPTER I PRELIMINARY ##### 1. SHORT TITLE, EXTENT AND COMMENCEMENT.- (1) This Act may be called the Environment (Protection) Act, 1986. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas[1]. ##### 2.DEFINITIONS.- In this Act, unless the context otherwise requires,- (a) "environment" includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; 1 It came into force in the whole of India on 19th November, 1986 vide Notification No. G.S.R. 1198(E) dated 12-11-86 published in the Gazette of India No. 525 dated 12-11-86. ----- (b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) "environmental pollution" means the presence in the environment of any environmental pollutant; (d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment; (f) "occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance; (g) "prescribed" means prescribed by rules made under this Act. #### CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT **3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO** **PROTECT AND IMPROVE ENVIRONMENT.-** (1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:- (i) co-ordination of actions by the State Governments, officers and other authorities- ----- (a) under this Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; ----- (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. **4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS.-** (1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub- section (3) of section 3 or of any other authority or officer. ----- **5. POWER TO GIVE DIRECTIONS.-** Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may[1], in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions[2 ] **_Explanation--For the avoidance of doubts, it is hereby declared that the power to issue_** directions under this section includes the power to direct- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service. **6. RULES TO REGULATE ENVIRONMENTAL POLLUTION.-** (1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the standards of quality of air, water or soil for various areas and purposes;[3 ] (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; 1 The Central Government has delegated the powers vested in it under section 5 of the Act to the State Governments of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram, Orissa, Rajasthan, Sikkim and Tamil Nadu subject to the condition that the Central Government may revoke such delegation of Powers in respect of all or any one or more of the State Governments or may itself invoke the provisions of section 5 of the Act, if in the opinion of the Central Government such a course of action is necessary in public interest, (Notification No, S.O. 152 (E) dated 10-2-88 published in Gazette No. 54 of the same date). These Powers have been delegated to the following State Governments also on the same terms: Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No. 205 dated 14-4-88; Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255 dated 17-5-88; Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E) dated 22-9-88; published in the Gazette No. 749 dated 22.9.88 West Bengal Manipur vide Notification N. S.O. 408 (E) dated 6-6-89; published in the Gazette No. 319 dated 6-6-89; Tripura vide Notification No. S.O. 479 (E) dated 25-7-91 published in the Gazette No. 414 dated 25-7-91. 2 For issuing directions see r.4 of Environment (Protection) Rules, 1986. 3 See r. 3 of Environment (Protection) Rules, 1986 and Schedules thereto. i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and their maximum allowable limits of concentration; ii. Schedule II lists general standards for discharge of effluents and their maximum limits of concentration allowable (Schedule II omitted by G.S.R.801(E), dated 31.12.1993.) iii. Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits; and iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable limits of their emission. v. Schedule V – furnishing of information to authorities and agencies. Schedule II re-numbered as Schedule V vide G.S.R.422(E), dated 19.5.1993. vi. Schedule VI – inserted vide GSR422(E), dated 19.5.1993 for General Standards for discharge of Environmental Pollutants, vii. Schedule VII – inserted vide GSR176 (E), dated 2.4.1996.for National Ambient Air Quality Standards, ----- (c) the procedures and safeguards for the handling of hazardous substances;[1 ] (d) the prohibition and restrictions on the handling of hazardous substances in different areas;[2] (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas;[3] (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.[4 ] #### CHAPTER III ##### PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION **7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO** **ALLOW EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS** **IN EXCESS OF THE STANDARDS.-** No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed[5]. **8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH** **PROCEDURAL SAFEGUARDS.-** No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed[1]. 1 See r. 13 of Environment (Protection) Rules, 1986, and i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically/Engineered Organisms or Cells Rules, 1989 2 Rule 13 SUPRA 3 See r. 5 of Environment (Protection) Rules, 1986. 4 See r. 12 of Environment (Protection) Rules and Schedule V (Schedule II renumbered as Schedule V), and relevant provisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, Manufacture, Storage and Import of Hazardous Chemicals Rules and Manufacture, Use, Import Export and Storage of hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules, 1989. 5 See r. 3 of Environment (Protection) Rules, 1986 and Schedule I. ----- **9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN** **CERTAIN CASES.-** (1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith- (a) intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed[1 ] (2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. (3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand. ##### 10. POWERS OF ENTRY AND INSPECTION.- (1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf[2] shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; 1 For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule V (Schedule II renumbered as Schedule V). 2 The Central Govt. has empowered 64 persons listed in the Table of Notification No.S.O. 83 (E) published in the Gazette of India No. 66 dated 16-2-87. ----- (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution. (2) Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person willfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act. (4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or an area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or as the case may be, under the corresponding provision of the said law. **11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN** **CONNECTION THEREWITH.-** (1) The Central Government or any officer empowered by it in this behalf[1], shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.[2 ] (2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall- 1 In exercise of powers conferred under sub-section (i) of section 11 the Central Government has empowered 64 officers listed in the Table vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87 2 For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also ----- Act 29 of 1986 (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier or his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12. (4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,- (a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilfull absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers. **12. ENVIRONMENTAL LABORATORIES.-** (1) The Central Government[1] may, by notification in the Official Gazette,- (a) establish one or more environmental laboratories; (b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act[2]. 1 The Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 of the Act to the Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-2-91 published in the Gazette No. 128 dated 27-2-91 2 The list of laboratories/institutes recognised as environmental laboratories: and the persons recognised as Govt. Analysts. ----- (2) The Central Government may, by notification in the Official Gazette, make rules specifying- (a) the functions of the environmental laboratory;[1] (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;[2 ] (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **13. GOVERNMENT ANALYSTS.-** The Central Government may by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications[3] to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12. **14. REPORTS OF GOVERNMENT ANALYSTS.-** Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act. **15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT** **AND THE RULES, ORDERS AND DIRECTIONS.-** (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years. 1 See r. 9 of Environment (Protection) Rules, 1986. 2 See r. 8 of Environment (Protection) Rules, 1986. 3 For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986. ----- **16. OFFENCES BY COMPANIES.-** (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. **_Explanation--For the purposes of this section,--_** (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm. **17. OFFENCES BY GOVERNMENT DEPARTMENTS.-** (1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ----- #### CHAPTER IV MISCELLANEOUS **18. PROTECTION OF ACTION TAKEN IN GOOD FAITH.-** No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. **19. COGNIZANCE OF OFFENCES.-** No court shall take cognizance of any offence under this Act except on a complaint made by- (a) the Central Government or any authority or officer authorised in this behalf by that Government[1], or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid. **20. INFORMATION, REPORTS OR RETURNS.-** The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so. **21. MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY** **CONSTITUTED UNDER SECTION 3 TO BE PUBLIC SERVANTS.-** All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1 In exercise of powers conferred under clause (a) of section l9, the Central Government has authorised the officers and authorities listed in the Table of Notification No.S.O. 394 (E) published in the Gazette No. 185 dated 16-4-87, S.O. 237(E) published in the Gazette No. 171 dated 29-3-89 and S.O. 656(E) dated 21-8-89 published in the Gazette No. 519 dated 21-8-89, S.O.624(E), dated 3.9.1996 and G.S.R.587(E), dated 1.9.2006. ----- **22. BAR OF JURISDICTION.-** No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. **23. POWERS TO DELEGATE.-** Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notifications, such of its powers and functions under this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority. **24. EFFECT OF OTHER LAWS.-** (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. **25. POWER TO MAKE RULES.-** (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7[1]; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled under section 8;[2 ] 1 See Rule 3 of Environment (Protection) Rules, 1986 and Schedule-I. 2 See r. 13 of Environment (Protection) Rules, 1986, and i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically- engineered organisms or Cells Rules, 1989. ----- (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9;[1 ] (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11;[2 ] (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub section (3) of section 11;[3 ] (f) the functions of the environmental laboratories,[4] the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test;[5] the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13;[6 ] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;[7 ] (i) the authority of officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed. **26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT.-** Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule II. 2 See r.6 of Environment (Protection) Rules, 1986. 3 See r. 7 of Environment (Protection) Rules, 1986. 4 See r. 9 of Environment (Protection) Rules, 1986. 5 For the procedure for submission of samples to laboratories and the form of laboratory report see r. 8 of Environment (Protection) Rules, 1986. 6 See r. 10 of Environment (Protection) Rules, 1986. 7 See r. 11 of Environment (protection) Rules, 1986. -----

23-Apr-1994

1

The Andaman and Nicobar Islands Panchayats Regulation 1994

https://www.indiacode.nic.in/bitstream/123456789/19001/1/the_andaman_and_nicobar_%28panchayat%29regulations%2c_1994..pdf

Andaman and Nicobar Islands

###### grq{sT[:T flq{T fa.ttel'q [q{viqg l] N icr.,[.iar G [azef'ti ] [s:] Altilnut,"tn [r'\tiii4] $fitiqvt4ll inalglriffi EKTRAOiq$U\,\III fllqttq I ltlftts Published [BY ][AutlroritY] Frsrrr, 1994 d. 151, [qlt *q?, ]1;rrlrcrt, [I] DECEMEER [8, ][19S4] PORT BLAIR, [THURSTIAY,] lto.'!61, ANoAM^N [AstD ] [Ntco;111;H,l1tt{|lrn^trcr{] *otEl'o" Port B!;.ir, oril-"n Drc', tgg{' ###### N^. i 3s/sarF. [oe.u.i/n?."bgo:',i15llf ] l"J:fi,"il3li,'f,:::'Sl,1l?xl[:JH[,"'Ti'ii3'ilff: Extrr-ordf"Jry [FlitJl-S'cllon ][I ] [No ][90 ollorr ][tJru ][^Ptt' ] [' ]['- ] [' ]['- '----' ] , mrtlon ol G.n6?rl [Public.] t^o11ii{1'-L'' ' Asrlstanl [Eicr.tarY ] [(l'*rnJ] ###### --*=..-----.2 MINISilRY [OF ][LAW, ][IUSTICE AND COMPANY AFFAIBS] ll (I*gislatlve [DePtrtme t)] Neut [Dellt'i' ][rlw ][23td' ][Apri'L lgg4lVaisoklv ] [3' ][1916 ] [(Sclca)'] ###### THE [ANDAMAN ][A\D-NlcoBJlAi ] [lsLANDs] eANcfrtfiisi' [iino0t+r ][IoN' ][I ][ee4] No. 1 or [i994] Promulgated [by ][the ][Prcsidenl ] [ilt'thc"frotty'fitth ] [Year ][of ][the] i RePublic [of ][lntlin] tlre [A' ][daman ][and] A Regulation .t" .p'""i{1-tg*ltl':*::r'* Nicobar t'*noJ'"Ini'lit [*Go ] [ooirnected ] [therewith'-] 240 of [the ][Constitu-] In exercise [of ][the powers ] [confcrrcd ] [bv:lnlqg ][1l),:j ] "tti"le tion. the [President ] nnilJr'ii [iililiitliitcit'c ][tott.'wins ] [Restrlation made bv ][rrrm:-] ###### " (-:IIAPTIR I i DRflrntlNALt Short [litlc-. ]['] i:-lt' lrc cnllcrl [rlc ][Antlonrtn ][anrl ] [Nicobar ] [Islands] cxteot aDc ###### tI t'""til'^g] [Jlli'"*:fl:ti$l] ] ['"' ] Com$ence'mer$. : ----- ###### 2 TIIS Gl\zsr-tE OF [TND'A.EtIf,AORDt'iARY] tPrrr.E- D:6oirio[t, 2. In this RegulatioD, unlcss tle coDt€'f,t othsn'r'ise requires: (a)'Adhyaksba"meanstheAdhyaksha of [aZillaPanchayatalQctedunder] soction 150 of this Re8$lation; ###### (b) 'AdoiristrEtot" meais tle Adlotnistrator of the Union Terfitory I of thi Andaman and [Nicobar ][Islands ] [appointed ][by the ] [Fesideut ][und€r ][articlc] 239 of the Constitution; ###### (c) 'Assistant Commisionet" [includes ] the [Additional ][Dishict ] [MagisFate;] (d) "block" means such local area in a digtrict as tb [Administator ] [may] c,onstitute to be a block; ###### (e) "buildine" includes a house, an out'house. stable' prrvy' udnsl shcd, hut. watl [(other ]t'han [a ]boundsry [wall ][not ][o(ceeding ] [8 ][feet itr hcigbt) and ][aPY] othcr strudrue, whether [ofmasonary. ][bricks, ][wood' ] [m€',al ][or ][any ][olbor m$crial] but do€s not include any temporary Structule [Qrected ] [on ][ceremollal ][of ][l€s$val] occasions or a tent; ###### (O "case"mcaos in reladon to ajudicial poceding, or a criminal [proceed-] ing in-iespect of any offence triable [by ] [a ][Nyaya ] [Paachayar ] [under this ][Regulatim;] ###### ' (8) "Deputy Commissioner" rneans the Deputy Commissionet [of ][a ][distnct] in tle Union tenitory; ./ ###### (l) "district" meaff a disttict specified by the Admitdstratordy a publio notifirition to be a district for thJ [purpos€s of ][this ][Regdation ][and ][incfudcs ] [two] or morc districts or [portiono ] of districts [as so ]specified; ###### (r) "District Juifge" meaus the District Judge of the Andaman and Nicobar Islands; ti ###### () 'Election Commission" means thQ Electioa Commission apPointed It undei sub-section [(r) ]of section 185; ###### (k) "Ebction Commissiona" means the Elecrion Commislion of the Unioi Tenitory appointed urder the sub-eection [(r) ]of [secdon 185;] (r) "Gran" rrcans a village; (n) [*Gram ] Paacbayat" means a Gram Paschayat constitutod under sub- soction (r) of sestion 1l; ###### (n) "Gran Sabha" meims the Gram Sabha constituted undcr soctim 3; (o) "lantl" includes land which is built upon or covered with waicr; (p) 'Nyaya ?anchayat" means a Nyaya Panchayat constituted at tho Ctfsm Panoha]'at level under section 53; ###### (q) [*Ofiicial ] Gazette" neans the Andarnan anal Nicoba! Islanals Gs.Ette; - [(r) ]["lasq9yalg*g{' ] [r:qp ][a Pauchayat ] [Samiti constituted ][forr{ock] uuder section 106 of thh Regulation; ###### \ "/\ (s) "Population" means thp population as ascertained at the last pre- ceding census of which the releraat fiEures have been published; ###### (r) '?radhan" means the Pradhan of a Graao Panohayat e.hcted under scstioo ll; ###### (l) '?ramukh" means Pramukh of a Paochayat Saniti elected undcr ssbstio! (r) of scctior ll2; ----- ###### &, u fIlE cA@I-rE [or ][IN-DIA ][*oJoom:tNA;::] by rules [marle ][undcr ] [this ][Rqdndon;] ###### @ *nffi*P*t,m+'#ilir [ilfu ][E*.'rffi ][r#'] l (t fr' road'way [ovet ] [ary ][public bridge ][or ][ctu6+1'r8yl] 1' ###### (ii) the [foot'rvay ] [atlacb€d ] [to ][any ][suclt ] [$tjeeL pub$c bridge ] [or ][ctusE'] #$ng'g*gryfr [lg1''*,'"*.';'stss''] (x) 'iSarp-anoh' [aeens ] [tho ][Sarpaaoh ][of ][a ][Nya'a ][Paschayat ] [appoi*ed] un&r [section ] [:r;] 0) ["sohedule" oeans a ][Sebcdule ] [t'o ][this ][Rc${ationi] means [sectiog ] [of ][this I{cguletio!;] ###### O, ["**- ] {aa) 'sessiors [JudgF" ] [means ] [the ][Ssssions ] [luttgg ][of ][thc ][Aldssan ][and] Nicobai [Islrails ][; ] ###### - (aD) [*8'uit" oeaus ][a ][civil ][suit triable ] [by ][a Nyaye ][?zw\ayy] kc) ['tax" ] [aears ][a ][tar' ][ces$' ] [satq 01 ][othgt ][impost ][loviable ] [unda ] [this] T"j, ["i"rr. ][Teniory,, ] [oeeos ][rh6 ][u'ion ] [Tenitory ] [of ][th€ ] [ADdaE ][-o] at upAilhvaksha [or ][a ][Zilla ] [Parishail] I -rJffi#glf$rt'!0caas I * [ge ][g*$ry'1ans ][tle ][upaprailbar ][of ][Gren ] [Paachsvat ] [clco-] or [a ][Psnchsvat ] [samiti ][ebc'] ,*S.LJ#ffiJ6-Jr'*i'Y11ff* meaos [upasarpaach ] [of ][a ][Nvave Pa'lchsvst ] [opFoiat'] ###### ,x fIL' [S"ffilo- ] i'T;#'r3r'trtsHlfij$"'#'fl":'l #### -*"m;1ffi ###### (dj) '2[a [Parishail" ][means ] [the %tla ] [Parishad ] [comtiturd ][udsr ] [scction] 11 CIIASTER [tr] ###### Gnrrr [sABr{A] cociq! dd [ot] i'?S'-1h'SlY"g*?ffi Gtrcs.ftrr. cqq-ei ffi Hhffi'T#%y;'YJ*f tiot 0r @ . tatt " ##### ffi # [,* ][ffi;":l"J's ]"em:'$' [r'w-x#* ][s ]["%*] ----- ###### TflE GAZETfE OF INDTA B}fTBAORDINARY [Prrt lt- +_ l ###### TflE GAZETfE OF INDTA B}fTBAORDINARY [Prrt lt- +_ l , Provided thet a person shall be disquatified tbr beilg a member of the Cram Sabha if he- [-] ###### (a) is tess than lE years ot age; ., [(6) ][is ][not ][a ][citizen ] [of ][India:] tt . [(c) ][is of ][unsoutd ][mintl ard ] [stands ] [so ][declared ]by [comp,etert court;] ' and ###### ^ )aona [,, ][(d) ]rs [is not ]constltuied,[ordinarily a ][resjdent ][within ] [rhe ][village ][lbr ][wbich ][the Gram] , [(2) ][A ][p€rs_on ] [shall be ][decmed ] [to ][bc ordinarily ] [resident ][in ][a ][village ][if ][he] l3t [b*S ][ordinadly ] [residing ][in ][such village ] [of ][is in ][possession ][of ][a d"welling] nouse therein ready for o@upation. Idcotpora. 5. Erery Cram Sabha sha.ll, by the oanre notilied in the OfEcial Gazette tior of under seotion 3, be a body corporale having perpetual succession and a common Gram Sabha. seal and shall, subject to such restriction: and conditions imposed by or under this Regulation. ha.ve power rc acqrrire, hold, administer and Gansfer [-proputy, ] Uotl moveaDF and rmmoveable, an.l to enter into any contract and shall, by the said rulme, sus ot bo sued ###### . Provided tiat the powers and duties of the Gram Sabhe shall Saryc as other- wise_expressly provided in this Regulation, be exercised, performed and dircharged by the Gram Patrchayat constituted under section ll. ['] Alt{ratiooin aroa of 6. (t) The Administrator may in consultation with the cram Sabba Gmor ot the Grain Sabhas concerned, at any rime by qotification in the Ofrcial Ga- Sabba. zette,* (a) include aiy area in a Gram; ###### € (b) exclude any area liom a Gr'am; or (c) declare that any local area shall cease to be a Gtam. ###### (.a) Where, by a notitication under sub-sesdon (r), any area is iaotutled in Cram, such area. shall thereby become subject to aitl' notiications. rulee. bve- laws and orders made under rhis Regulation or any other law in ?orce h ihe area $/ithin the [jurisdiction ] of the Gram Sabha. ###### (:) Where by ootification uuder sub-section (r), rhe whole of the area of a Gram ceases to be a Gram, the Gram Sabha shall i:ease to exist and its irisets and lisbilities shall be disposed of in the prescribed manner, and if a Dart of 6uch area ceaies to be a Gram, the [jurisdiction ] of the Gram Sabha shall b6 reduced by ###### thrt bart. Ce8sation 1. (tJ ..L member ol a Gram sabha ohall cease to be a member, if- ofEem- bcnhip. (a) he is disqualitied under section 4; or. (b) the areawhere he resides has been cxcluded lion the jurisdiction ofile Gram Sabha: or _ - - [(c) ][he ][ceases ] [to ][be ][ordinarily ][resid€rt ] [wirhin ][the ][jurisdiction of ][the ][Gram] Sabha..'.' ###### (e) [rillero ]any p€rson ceases to be a member of a Gran Sabha under sub-section (r), be shall also cease to bold a y office to which he majT'have'ti*o elecied or appointed by reason of his being a member thereof. Electoiet [.] 8. On the constitution of a Gram Sabha, rhe Assistant.Commissiorcr, taibr ###### Ro[ ----- ###### &c. [1l] lSE GAZETTE OF INDIA EXTRAOSDINARY lcsidincwithin the iwisdiction of the Gram Sabha; such dectoral roll [sball, ][among] othcr t6ims. contair: the names of all [porsons ]estitled under sectio! 4 [tobothe] membors ;f the Gram Sabha on the date of constitution [and shall ] [be ][revised at least] once a financial [year ]in the [prescribed ] manner, ###### 9. [(r) ] Everv Gram Sabha shall hold [gencral ][meetings ] [in each financial ] [year,] Moctitrgs of Gram ttne in the-rionth of October or Novembet and tbe [other ][in April ] [or May:] Sabba. ###### I .. Ptovided that the Fadhan [shall, upon a ][requisition ] [inwriting ] [by ][not ] [less ][rhin] on+fiftb of the number of members, witfiin thirtylays [of ][the ][receipt of ][such requisi-] ###### tion, calt an crtraordinary [general ]meeting of the [Gram ][Sabha.] (e) Tbe Pradhan or in his absence, the Uppradhan or in the abseoc'e of both any [peison ] chosen by tbo Gram Sabha [shall preside at ][such meetitrgs.] ###### (3) The notica of tle time and place of all meetings of the Gtam Sabha shall be [givrn ] in the [prescribed ] manner, ###### k) [One-teoth ] [of ][tho ] [totel ][number ] [of ][members ] [of ][the Gram Sabha ][shall] .form tbe quorum for a meeting. ###### lO. 1r; me Gram Panchayat [shall ][place ][b€fore ] [the Gram] Sabha at its lvork atg9lrelat meetiag in April or May- s€clrng, ###### (d) the annual of accounts; (b) the report of the administration of the [prcceding ] finanpial [year;] (c) the derelopment and othcr prograr nes of work [proposed ]fot [that] t'imncial [year; ] and (d) the last audit note and replies made there to, (z) It shall be open to the Grsm Sabha to discuss any ot ali ofthe matters placed 6efore it undpr iub-section (r) and the Grarn Panchayat shall coo$ider tbe suggestion, if any, made [by tbe Gram ] [Sabha.] ###### (f) A Gran,sabha shall cary out such other functions [as ][the ][Administrator] may, by a [general ] or [special ][order, ] [require.] ###### . CHAPTER III TlrE GRAM PANCHAYAT AND ELEcno\s ###### ll. [(r) ]As soon [as ][may ] [bc. ] [after its constitution ] [eYery ] [Gram ] [Sabtra ][sha.ll ] [(btrstilu-] eleot from idongst ir [memberi an ][Executive ] [Committee ][called ] [the Gram ] [PaQgba- ]grt*"- yat'and a Chairperson of [that ][Comfiittee ] [called ] [the ]Pradhan. charats. ###### (z) A Gram Panchayat shall, consist ofsuch nunrber of seats, including the Pradbii aot [being ] [less ][tban ][nine ] [or ][more ][tlan ][fifteen, ] [as ][the ][D@uty ] [corur'ssionsr] may-deterririae. ###### ({) ThE ratio between the population of rhe teritorial srea of a Granr Panchiiat [and ] [the number ] [of ][eeats ][ln ] [that ] [Panchayat ] [to ][be ][fiiled by ][eicction] shatl, so [far ][as ][practicable, ][be ][the ][same ] [throughout ] [the ][Union t€mtory.] ' (z) Eaoh Gram Panchayat arqa shall be divided by the Election Cornmission into dfrtorial [constitusncigs ][ii ][easfi ] [manner ] [that ] [the ][ratio ][botweeo ][the ][population] of-each constituency [and ][the number of ][s€ats ][allotted to ][it ][shall, ] [so ][far ] [as ][practicablc,] be tle [same ] [tbrouihout ][the ][Gralo ] [Panchayat ] [area.] { r) Sears shrll be [reserved ][for ][the Scheduled Tribe's ][i+ ][every ] [Gram ] [Panchayat] ###### ad td;ru@ber [of ][8€6ts ] [so res€rved ] [shall. ][bear, ] .a1 [ne.gly ][as.na.v ] fe, .. [tlygne] o[Gooftio [.to ]the [tot&l numb€f ][of ][s@ts ][to ][be ][I ][lllcd ][by ][dlrecl ] [etccuon tn ][ulal uram] ###### fiifijivrii as [the ][population ] [of ][the ][Scheduled ] [Tribes ] [in ihat ][GraE ] [?alob.yat] ----- ###### i18 oAz,TfiE oF INbIA [g'rfRAORDINARY] [?rrr t- alea bears to the total [population ] of [that ] [area ] [aod ][such ] [seats ] [shall ][b€ ][allotted ] [by] thc Election Commissidn-by rotation to' [different ][corstituencies ] [in ][a ][Gram ][Palcha'] ###### vai,-io [iiicn ]-a"o"i [as ][may ][be ][prescribd ][:] Provided tlat, no such [reservation shall ] [be necessary ] [if ][the,total ][population ] [of] ## t the Scheduled Tribes in [a ][Gram ][Panchayat ] [is ][l€Es ] [than half ][the ] [proportionato] population required to fill one seat. ###### ' [(dl ]Not l€ss thal oo*third of the total aumbn [of ][the ][seats ][r€s€rr/ed ] [under] sub-seition (l), shall be rcserved [for ][womgn belonging ][to ][Schsduled ][Trib€s. ] . ###### (z) Not less than one-third (including the number of seats reserwd for womei'beloneins to the SchedDled [Tribes) ]of the [total ][t!'Jmb€r ][of ] [scars ][to ][be] ###### f fed bv direct-election [in ]every [Gram ] [Panchayar shall ][be ][reserttd ][for ] [women ] [and] sucn sdats may bo [allofted ] bi [tho ] [Election Cbmmission ][by ][rotation ][to ][diffgrent] constituencies in [a ]Gram [Panchayat, ] [ia ][suoh ][mamcr ] [as ][may ] [be ][prescribed.] ###### (81 The number of seats to be reserved under sub'sections (6) and (Z), shall be detir:mined by [rh€ ] [Administrator, ][by ][an ][order ][published ] [in ][the ][Olfisial ] [Cazctte'] :) ###### (p) Subject to any [general ]or special order of the [Admiaistrator, ] [th€ ][Doputy] Comnissioner [shall ] [resefie-] (c) tle number of offices of Pradbaus in the Gram Panchayais for the Scheililed Tribes [which ][shall bear, ] [as ][near$ ] [as ][may ] [be, ][tle ][same ][prqnrtion ] [to] the totrl nrmber [of ][such ] [offices ][in ][the Gram ][Panchayats ] [as ][the ][population ][of] the Scheduled [Tribes ][in ][the ][area ][of ][Union t€rritory to ][which ] [this ] [Replulation] extEnds bears to the [total ][population ] [of ][sucb ][area.] ###### (r) not less than onc tbird ofthe total number [of ]offices of Pradbans [in ]the Gram Panchayats [for women'] Provi&d that [the ] [offices ][reserved ] [uoder this ][sub-sectioa ] [shall ][be ][allotled by] The Elo€tion Commission [by ][rotation to diffetent Gram ][Panchayats ] [in suoh ] [nuaner] as may be [prescribed.] Persols 12. [(r) ]Every [member ] [of ][a Gram ] [Sabha ][shall, ][unless ] [disqualified undet] guali0cd.to this Reeulati6o [or ][any ][other ] [law ][for ] [the ][time ][being ][in ][force, ][be ][qualified ] [to ][vot€ ] [at] votc ato an eleclon to [the Gram ] [Panchayat ] [o! ][at a ][mesting ][of ][the Gram ] [Sabha.] b€ el6dGd. ###### (.a) Every member of a Gram Sabha shall, uoless disqualified under this Roeulition [or ][undo ][any other law ] [for ] [the ][tine ] [being ][io ][force, be qualified ] [to ][be] eldted to fill [up ][a ][seat ] [in the Gram ] [Panchayat ] [as ][a ][member ][or ][as ][its ][Pradhan ] [or ][as] botb: Provided [that ] [if ][a ][p,erson ][is ][electeil ] [to ][both the offic€s ][of ][a ][member ] [ac woll] as Pradhan. he [shall resign ] [eitherr ] [ofthe two ][offices ][within ] [a ][psriod ][of ][fourtcen ] [days] fiom the dite [of ][the ][publication of tbc ][r€sult ][h ][the ][Official ] [Gazette, ] [failirg ] [which] his seat in the [Gram ] [Panchayal shall become vacant.] ###### (.1) The va*ncy caused by the rsult of such rtsigortion, sball be fillod by holdinE-a [bye.election ] [for ][tle ][purpose] Dilqusli6- 13. A [parson ] [shall ] [be disgualfied ] _for [pelw ][choson as, and ] [for ][bci4g ][a] c![oq5. member of a Gran [Panchayat ] [or ][its ][hadhan ] [if ][bo-] ###### (a) has failed to pay any tax, fee or other sum due to the Gran Ssbhs wiihi! thr€€ [mooths ] [from tbe ][date ][on ][or ][bciore ] [which ][suoh ] [tax, ][foe ] [or ][otbrr] sum is requirod [to ][bo ]Paid' [or] ###### (8) holds any salaried ofice or [placo ] of [profit ]under the Gram Sebha or thc Giom [Pancbayat, ] [or] (c) has directly,or indirecll [any ] [share. ]or monotery intqcst i! NDy worli ilone ty [or ]-to [the Gr,a+ ] *nglT,yat_:)r [ir ]3_nl [cortract ]or anploynOir with or unrbr [or ][by ][or ][on ][ber$I ][ol, ][tDe ][umE ][$aDha, ][or] ----- gec. 1l !IIE GAZETTE OF INDIA EXTMOSDINARY ###### (d) is a servant of the Gov€f,ment or any municipality, or (e) has been dismissed from the service of the Gov€mment or ,.i municipality for nisconduct, or, ###### Cf) [has ][mt ] [attaioed ][the ][age ][of ][2l ][y€ars, ] [oi] - [(g) ][has been ordereal ]to [give ] [security ] [for ] [good ][behaviour ] [under ][section] 2 ot lYl4, l@ of ll0 of the Code of Crioinal hoccdurc, [1973, ][or] ###### (i) has been convicted by a criminal court of aDy offence involving violeice or moral turpitude and senterced to imprisobn€ot fc [not ][less ][than] &re€ months and fiv6 not [elapsed since ] [his ] [release, ][or] _years [have ] ###### (t) is without permission of the 6ram Panchayat, abseni ftom three of its consecutive meetings, or Q) [is ][of ][an ][unsound ] [mind and ][has been ] [so ][declared ][by ][a ][competent] court, or ###### (ft) has been declared by a comp€tent court to be an insolv€nt, or (!) has been disqualified under any law for the time being in force by compdtent court for adopting a [corruPt practice ] [or for ][commission ] of [an] elecdon offenoe at an election,drning [the period ] [of ][such disqualification, ] [or] ###### (m) zubject to clause (f) is so disquatifi€d ty or under any law for the time hiing in force for the [purposes ] of [electiors ] to [the House ] [of ][the ] [People.] ###### 14. If any [questiotr ] arises [as ]to [whether ] [a ][person has ] [becom€ ] [suqeqt ] to Dccirioron any dis{ualification referrcd to in [secdon ][4; ][section ][7 ][or ][section ] [13, ][it ][shall ][be] quartio$ rg nderrcd io the Deputy Commissioner for [dccision ] [and his ][decision ] [th€reo! ] [thall] to d8qu.ti. ###### bc'final: fication. Pror/ided that before [giring ]any decision or any [such ] [qucstior, ][the ]Deputy Commissioncr shall obtaio tbe opinion o[ [tbe ][Election Commission and shall ]act acoording to such opinion. ###### 15. The Pradhan [or ]the [Uppradhan shall ][not hold ] [any ] [oftce ] [in ][the Nyaya] &obibitior .gFiDst Panchayat. holdiog o6cc- ###### 16. [(r) ]On tlre [constitution ] of [a Gram ] [Panchayat ] [for ] [the ] [fiIst ] [time ][under] Elcc-tion of this Recdaiibn or on the explry of the [term ] of [a ][Graa Panchayat ]or on its Utrkadhm. roonstitution, a meeting [shall ] be called on [a ]date [fixed ] [by ][the Assista$ ]Comm- issioner for the election of tlre [Uppradhan.] ###### (r) The A$sistant Commissioler shall [prcside ]at such meeting but shall not have the right to vote. ###### (:) No busiaess othsr than ths ol€ction of the Upapradhan shall be transac- ted at such mestilg. ###### (z) In case of eoualitv of voles. the result of the election shall be decided by loG'dmwn in the freselice of [the'Assistant ] [Commissioner ] [in ][such manner ][as] ###### he may detQrmine. 17, The executive [powers ]of tbe [Gram ][Panchayat ] [under ][this ][Regr:lation] Pridbsn to and the resrobsibility [for-the ][due ][fulfilment ][of ][the ][duties imposed ][on ][the Gram] ba tho Parchayat und€. thid Regulation aad for [carrying ] [out lhe ][resolution ] [of ][the ]Gram Bxec'r|live. Panchayat shall v€st in the [pradhan.] Dffrtios of ###### 18. [(r) ]The Gram Panchayat, [unless ] [sooner dissolved ][und€r ]any law for the Pa[abayatr, ###### tine being ii forcc, [shall ]continue for [five ][years ][ftom ][the date appointed ]for its ----- ###### Ii{E GAZEfiE OF INDIA EXTRAC|RDINARY lPA|r [.tr--] (2) Notwithstandins anvthins contained in subsection (z) the mcmbcrs ###### of the itanchayas functionin! ;mrnediatety [before ] the coming [inio ][force ] [of ][this] Regulation shail continue to f,old their ofr'ce till the [expiration ] [of ][thq ][tctE ][p(€s-] criSed under sub-section (r) of section 2l of the An*aman [aad ]Nicobar [Irlsnds] (Panchayats) Regr{ation, 196l as it stood befote its repeal. ###### - 0) An [election ][to ][constitute ][a ][Gram ] [Panchayat shall ] [.be ][completed,-] (a) before tle oxpiry of its duration specified in sub-section (r); (6) before {.he expiration of a period of six months from the dato of its dissolution: Provided that where tle remainder of the [period ] for [which the ][dissolved] Gram Panchayat would have continued is less [than ][six ]months, it [shall'not ][bc] d€cessary to hold aoy election under this sub-section for constituting [the ] [Gram] Panchayat for such [period.] ###### {z) A Gram Panchavat constituted uDon the dissolution of a [Gram ][Pan'] chavat'6efore ttre expiratiori on its duration shall continue ooly [for ] [the ] [remsioder] ###### of lhe [period ] for which the dissolved Gram [Pancbayat ]- woild [have ][continued] under s-ub-section (r), bad it not betn so dissolved. Oath of 19. (r) As soon as may be, after the fust meeting of [the ]Gram [Panchayat,] oftc4. every member thereof and rhe Pradhan shall take the oath of ofrc€ [bdore ] [tbe] A.ssistant Commissioner in thr form set out in the First Schedule. (z) No nembsr who hss not taken such oath shall vott or tske paxt in thc proceedings of any meeting nor shall he be included as a memtrer of any Commi' ttee co$tituted by the Gram Pancbayat. Rqgigl8tion 2{1, (r) Any member may resign his ofrce by [giving ] notice ia wtiling to of offc€. tlat effect to the Pradhan and such resignation shall take effect [from ][the ][dali ][of] ###### its receipt by the Pradhan. (2) The Upapradhan may resign his office by giving notica ia writilg tq ihc Pradhan, but the resignation shall not take etrect unLss it is accepted [by ] the [Gram] Panchayat. (3) The Pradhan may nsigu his office by giving notice in writing to tho Assistaf Commissioner but the resignation sbrll rot tcke efect until it is [acccF] ted try him. Molio! of 21. (r) A motion of no confidence against the Pradhan may [be ][moved] no confi. by any member of a Gram [Par)chayat ] after [giving ] such notice [thereof ][as ][may ] [;bo] dence, ###### prescriH, (a) . A special meeting of the Gran Panchayat shai be conveted within a period of fifteen days from the drte oo which tho motioa has bcet movod to deliberate on and decide the ao confidence motion. ###### (J) ff the motion of no confideuce is carried by a majority of the totgl membership of the Gram [Pancbayat, ] the Gram Penchayat [shail recommend to ][thc] Gram Sabha- the femoval of the hadhan from his office. ###### (a) On receipt ofthe recou:mendation rrnder sub-section 0) a sfreoial mceting of the Gras Sabha shall be convened with a [quorum ]of not [less ][tbaa ]fifben [pe!] cent, of the total membership of the Gram Sabha and the [recommendation ] [shall ] [b€] approl-ed by a majority of members [present ] and voting. ###### (<l Unon thc aDDroval of the recommendation under sub-section (l) tho Pradhi'i sbali cease to^liold office after a [period ]of three days [from ][the ] [dCie on] which thc recommendation is approved, unless he has resigne{ [earlier.] ###### (6') If th€ reccmmendation of the Gran1 Panchayat h not approved o.r lhere ----- ###### Src. ti TTTE GAZfTT1T OF i}lDlA [EXThAONOINAEf] oeriod of one vear from tie date on [which ][the recommendation ][fails ][to ][acquire] ipproval of the Gram Sabha [or ]lhe [date ]on [rvhich ][the recomrnendation ] [could ][not] be considered for lack of [quorum.] ###### 0) [Notwithstanding ] [anything contained ] [in ][tbis ] [Regulatioo. ] [thc ] [Pradhan] strall n6i [preside ]over a meeting'of Giam [Pancitayat contained uuder ][sub-sectiol ][(e)] and of G-ram Sabha under sul-section [(4), ][but ][he ][shall ][have ] [a ][right ][to ][speak ][or] oth€rwise take [part ]in the [proccedings ]of [such meetiogs'] Motion of ###### 22. [(r) ] A motion of [no-confidence ] [may be moved ][by ][any ] [mernber ] [of ]a noconfi" Gram Panchayat against the Upapradhan [after giving ] [such ] [notice ] [as ][may ][be ][prescri-] deoc€. b€d. ###### (r) A special mcering of Grtun Panchayat shall bc convened within a [period] of fifteen davifrom the date on whicb the [molion ][has been ][moved ] [1o ][deliberarc on] and deoide ihe no-confidence motion. ###### (r) If the motio is carried by a majority of not iess than twGthirds of the total number of [members ][of ][the ][Gram ] [Panchayat, the ] [Upapradhan ][shall ] [c€ase ] [to] holcl offi* after a [pcriod ] of thrce [clays ][from ] [tbe date ][onwhich ][the ][motion ] [is ][carried] ###### unles he has resigned earlier. (z) Notwirlstanding anything contained in tbjs Regulation, the Upapradhan sha[ n6t [preside ] over [a meetiog ] [in ][which ][a ][motion ][of ][no'confidence is ][discussed] against hirn, but [he shall ] [have ] [a ][right ][to ][speak ] [or ][otherwjse ] [take ] [part ][in ][tho] proceedings of such meetinS. ###### tr?. Any casual [vacancy ] [in ][the ] [seat ] [ofthc ] [Gram ][Panchayat ][or in ][the ][olfice ][of] C€sualYACtDCy. the Pradhan oi Upapradhan [ahall ][be ][filled for ][the ] [remainder ] [of ][the ][duration ] [of ][the] Gram Pancbayat by election [in ][accordance ] [with ][the ][provisions ][of ][this Rcgulation:] Provided that in the casc of [a ][seat ][or ][the ] [office ][of ][Pradhan ] [reserved ] [for] Scheduled Tribe [or ][women, ][no ][pe$on ] [otber than ] [a ][member ][of ][a ][Scheduled ] [Tribe or] a woman shall be [qualificd ]to [be ][chosen ][to ][fill ][such ][vacancy.] ###### 2d, [(r) ] There [shall be a ][$].retary for ] [every ] [Gram ] [PanclByat ] [who ][shall be] Offcers aooointed by the Administrator [aird shall ] [draw ] [his salary ] [alld ][allowance ] [ftom ][the] strd scrvaDts of thc GraE ###### Grim Pancliayat Fund. Pstrc&ayat, (a) The Secretary shall be in charge of the office of rle Gram Panchayat and shall *iforrn all the [duties and ][exercise ][all ] [the ] [powers imposed ] [or ][conferred ] [upon] him tiy or under this Regulation [or ] [any rules ] [or ][bye ] [laws ][made thereunder.] ###### (l) Subiect to rules as may be framed by thc' Administrator regarding disci' oline irid conirol. the [Secretary ] [shail act ][in ][all ] [matters under ] [the control ] [of ][the] Fradhan through vrhom [he ][shall ][be ][responsible ][to ][the ] [Gram ] [Panchayat.] ###### Ll) [The ][Gram ] [Panchayat may aPpoint ] [such ] [other ][officers ] [and ][servants ] [and] in sueh number as [may, ] [from ][time ] [to ][time, ][be ][necessary:] Provided tbat it shall [not ]create any [post ] [not ][already ] [provided ] [for in ][tle] budget exc€pt with the [preYious ] approval [of ][the Administtetor.] ###### (r) The terms and conditions of service of the S€cretary and otber offictrs and se-rvants shall [be such ] [as ][may ] [be ][prescribed.] ###### 25. [(r) ] The tine and [place ] of [meetings ] [of ][a ][Gram ] [Panchayat ] [and the] Mc€tia86 of Cftm proc,edure io bc foltowed at such meetings [shall be ][such as ][may ][be ][prescriH.] PaD€hayat. ###### (a) A member of a Gram Panchayat may, at any meeting move any resolu' ----- 10 TTIF CAZEIiE dF INDIA [EXTIAORDNARY] lF^rr 11- ###### (j) No resolution of a Grarn Panchayat shall be modified, [amended,. ] [varied] or cao&lled bv the Cram Panchavat [wilhin ][a ][period of ][three months ] [ftom ] [th€ ][dale] ofpasslng ttrereofexcept by a [resoiution s.rppoitcd ] [bytwo-thirds ofthe total ] [number] ###### of members r.rf the Grarn Panchayat. Cou6itte!s. 26. [(r) ] Subicct to [stlch ] [control and ] [restr;clioos ] [as ][may ][be ][prescribed, a] Cram Panchaval mav appoini [Cc,mmittees ][for ][erercising ] [such ] [of ][its ][poll ][ers ][arrd] discharging such of iis duties and functions [as ][it ][may ] [specrfy.] ###### (z) A Comnritrce shali consist of not mor€ than [five ] [members ] [and may ]- [be] dissolved or reconstituted for such reasons and [in ][such ][manner ] [as ][may ][be ][pr€$crib€d'] ###### 27. No act or [proceediiig ] of a [Gram ] [Panchayat ] [or ][of ][any ] [committe€ ] [thereof] Pr oceedin8s qot to ba shall be deemed to bil invalid by [reason ] [on-ty ][of ][the ][existence ][of ] . [any ][vacancy ] [or] iovalid, defect in the constitution of the Gra[r [Panchayat ][or ][the ][cornmrtte€s ] [or ] [ot ][any] infirmity in ifi proceedings. CHAPTER IV Porvrns, Durtxs AND FuNcrIoNs [IN ][THE GRA,'lt ] [PANCHAYAT] Dulica and 28. [(ri ] lt shall be the dut! [of ][every ] [Cram ][Panchayat so ][far ] [as ][the ][Gram] fuarctiool, SunO may ouowio *urc i"uronutit. [provision ] [within ] [its ][jurisdiction ][in ][regard to ][the] matters sDecifid in rhe Second Schedule. ###### (z) Subject tothe provisions of sutr-section [(r) ]the [Gram Panchayat ] [may ][also] make [piovision ]for carrying [out ][within ] [the ][area ] [of ][the ] [Gram ] [any ] [other ][work ] [or] mJasuiiwhich islikcly t6 [piomote ] [the ] [health, ] [safety ] , [eclu-cation, ] [comfort, ] [convenie-] ncr or social or econbmiC [wetl-being ] [of ][the ][residenls ] [of ][tbe Cram'] Control of 29. [( ]r) The Grarn [Panchayat ] [in ][respect ][of all ][roads, streets, ][bridges, ] [cuiverts] Gram Paa- and other [properlies placed ] [by ] [the ][Administrdtcr ] [under ][sub-s€ctlon ] [(J) ] [ol ][secuon ].Jo chayat otr under its direction minagem6nt [an<i ][controll, ][may ] [do ][all ][things ][lecessary ][lbr ] [tbe] certsin prgpertles. maintenance and [repair ][ihereot', and ] [in ][particular, ] [may-] ###### (c) widen, on"n, or otherwise.impro'i'e [any ] [such ] [road, ] [bridge ] [or] culvert and [plant ]and [preserve ]"nrutr", [tre$ ] [on the ][sldes ][ol ][sucn ][loaos;] ###### (b) deeoen or otherwise improve any water-course and othcr [property] mentioned in clause [(c) ]of [sub-seCtion ] [(.r) ][of ][section ] [36; ][and] ###### (c) cut any hedge or branch ofany tree [projecting ] [on any ][such ][public road] or sneet. (z) The Gram Panchavat shall also have control of all roads, streets, [watsr'] wavs.Siidsit and culvert whiib [are shuated ] [lvithin ][its ][jurisdicrion. not ][being ][private] ###### ""jrinJ 6oi.ioincnt [r'i ][t.r ]ina ntay?o [b€ins ][the pronertv ][atl ][ihiligs ][n'ecessary ][for ] [the time ][for ] [rtre ][being under the ][impiover,ent, ] [maintetrance and][co ][rol of ][the] repair thereof and [in ][panicular, ] [may] ###### (a) lay out and make naw roads; [and] (r) construct uew bridges and culverts. Transfar [of] 30. The Administrator [may ] [entrust ][to ][the ][Gram ] [PancbayaJ' ] [the execution,] rqy work [or] mulnteru""a ;ii€lttii [of ][any ][worl ] [or ][the management ] [of ][any ][institution ] [on ][behalf] Institutiotrto the Grarn of the Government or [any local authority;] PaochaYrt' Provided that the funds [necessary ] [for ][the execution, nlaintenance ] [or ][repair ] 9f tt tvort oiile'minagement [ofthe inititution ] [shall ] [be ][placed at tbe disposal ][of ][the] ----- l1 SEc. U TI'E GAZETTE [OF ][INDLA ] [EXTRAOF'DINARY] Coll€ctiott of land roveDuG, ###### ,*,.1',,i,t]iJ*3".?l;}l{*lii*i.s*ikj1,;gTix;[k:#f{:Hii{i ctc. entiist to the [Gram ] [Pauchayat the ] [j] ###### ;;A;ih;;"; ;;o'erable [as ][arears ][of ][land ] [rcvsnue'] (e) Where any functions [or ][duties ][are ][entrusted ] [to ][a ][Gram ][Panchavat ] [under] sub'section [(r), ][the ][Adm)nrstr""t "sit"i' ][iiv'iJ'"iiit-Ci"* ] [Fittnavat ][ioflectiou] ###### ;fu;;;a.iCti [rates ] [as ] [he ][maY ] [determine'] VillagB ###### 32. (r) Sub.lect [to ][the ] [rules ][made ][under this ][Regulation' ] [a ][6ram ] [Panchayat] voluntccr may organise [a ][Village ] [notuoteer ] [r ]-cl-c-J1'iiitinc [o?aUe"mdred rrales residins ][in ][tbe] iorce. cramwho are betwesn [tn" ][ug., ] [o, ][ii-*l4b ][a'iwho ][arewillingto join ][tbe ][foirce ][and] ###### i'riilt"i,r, [iiiJi,"der ] [thc cimmand of ][a ][suitable person'] (z) The services of [the. vitlage- ] [voltlrteer force.may ][be-utilised ] [for ][general] watch and ward [purpose ] [aflo ][tt ][;:"i ] [;'f ][;;;;;*i'v ][like ][fire' ][flood's' out-break ][of] "pi [i".1"* ot ][iov ][ot[.t ] [natural calamity'] ###### (3i No member of the force [shall bs held ] [liable ][for ][damages ] [on ][account ] [of] any act done by [him ][in ][,n" oooott'ia"?ittjlrs; ] [J ][hit ][auri"s ] [as ][i ][member ] [of ][sucb] force. E:recution [of] shall coo$aets. ###### $1. Every [conttact ] [or ][agreement entered ] [into.by ] [a ][Grarn ]-Panchayat be inwritiog and [shall ] [be ][srgned ] [frif't'p-tiiir]i'" ][and ] [b^y ][tu ][o ][othcr ][merr'bers ] [of the] ###### A;'i;;"rd;i c6n'moit [s"at ][oithe ] [Gram ][Sabha'] "ii'ri"r"dwi*tint CHATTER [V] FINANCB, [PnoPsnw ] [AND ][Accour.rs] Gfam [tru8d ] ' ###### 3' {r) [There ][shall ] [be ] [a ][Gram ] [Fund-for each.Gram-lat-ha-a1d ] [the ] [same ][shall] be utitised foi ca*ying [out ] [the ][OuiiJindoU'f igitions ][itpoxd ] [upon the ][Gram ][Sabha] ###### ;;]il-c;-t i#ha"vat [bv this ][Resulation'] (a) The follorving [shall be ][credted ][to ][and ][form part of ][the ][Gram ][Fund'] n4trlely:- (a) the proceeds of [any ][tax ][or ][fec ] [imposed ] [under ][section 37;] (b) the contributions [made ][by the ][Govemneilt or ] [any ][local ] [authority ] [or] p€rson; ###### (c) all sums ordered [by ][any ][authority or ][court ] [to ][be ][credited ][to ][th€ ][Gram] Fund; ###### (d) the income [from ] [securities ] [in ][which ][the Gram Fund is ][invested;] (e) the share ia the collection [of land ] [revenue ] [or ] [other ] [dues ][of ][thc ][Govern'] nt€nt; ###### (fl all sums received [by ][way of ][loans ][or ][gifts;] ' (g) the income derivetl from fisheries under [the ] [rtanagement of ][the ][Gram] PanchaYat; ###### (lr) the incone [from or ][proceeds ] [of ][any ] [property ] [of ][the ][Cram ][Sabha;] (i) the sate proceeds [of all ][dust' ][dirt' ][dung ][or ][refuse collected ] [by ][the] servants of [the Gram ] [PanchaYat;] ###### U) [sums ] [assigned ] [to ][thg ][glqal ][!un{ ][by ][any ][geperq! ][or ][special order] ----- lP^Rr [tr-] TUE GAZEfiE [OF ][TNDIA EXTRAORDINARY] ###### (ft) stl sums received [in- ][aid ][of ][or ][for ] [expenditure ] [on ][aJry ][institution or] sergiie maintained [or finan""o ][troJ'ttt ] [Ctutii ][bu"O ] [or ][ma$aged by ][the ][Gtam] PanchaYat. ###### (?) The amount in the Glam [Fund shallbe-applied ][subject ][totbe ][provisions] anC foi [the ][purposes ] [of ][this ][n"gtiitii-ti"tJ'itt"ti ] [L'e ] [kept ] [in ][suct ][custody ] [as ][may] bc Presctibed. ###### 35' The [Administrator nray' ] [subject ] [to ][such ][cotrditions as.!e may ][deem ] [fit'] Gratrts' ###### rn:?a*i:"lllgr*ff [:?it"litfff ][rlf"'ly'r"'orrortheimprovemenr] P.oP€Ihes 36. [(r) ][The ][Adninistrator ][may' ] [if ][he- ][dcems ] [fit' ][placeall or ]tlt-"^iurisdiction [anv ][of ][tho][of] placrd orooerties, [of ][the ][nature ] "itnil under tb! ihe- [Gram ] [sabha under ]'p"tt*o'ilit'J*' [tn" ][oio"tiiJo" ][uii ][ilana!"tenr ][iliuatta ][and ][c.ontrol ] [of ][the ][Gram] dir€ctioD maoageme Panchayat, [namcly ] [:*] ald cottror of Gram (a) open sites, wast'e vacant [and grazing lands' ] [not ] [being ][private ][prop€rtv] Pa!€hayat. and iiver- [bcds ]; ###### (b) Public roads [and ][streets ] [;] (c) public chamels, [water ][courses' ] [wells' ponds' ][tanks ] [(except ] [irri$tion] ###### t""d"irJaii'ii. [*"trot' ][or ][tneGbviinmeni)' ]"0"]v [public ][springs' reservorrs' ] [os] tnot [6eine-private property)] ###### krns, [fountains. ] [aqueducrs ] ".. "ijui*ltinh appertainitrg [to ][any ][Pubttc ] [t*ilJ'o't-ii-nJi' ] [und ][iards ] [appeitaining ][thereto;] ###### {d oublic [sewers, ] [drains, ] [drainaCe ] [wo1}s.-11Ee.ts ] [and ] [culv€rts ][and things] upp"iiiif,jne [tu.*.lo ][and ] [other ][conservancy worKs;] {"t sewase, [rubbish and ][olfensive ] [natter' ][deposited ] ".9 ::l*lt [or ] [collected] bv rlie [Gram- ] [panchayat ] [trom ][,#;;ffiil;iitioals, ] [sewers, ] [cesspools and] oiher olaces; [and] ###### !Q [public ] [lamps, ] [lamp ] [posts ][aud ][apparatus connect€d ] [therewith ] [or ][apper-] taining [thereto'] ###### (z) All markets [aqd fairs ][or ][such ] [portion ] [ibereo-f ] [as ][are ][held ][upon ] [public] lant! shall [be ][manageo ] ###### 'no [r.teui'uiJii-t'hi'Grarn ][.Panchayat^and ] [tbe ][Gram] Sabha [shall ][receive ][to ][the ][cre<r,l ][iill"" ]["dtiii r'ito ][ali ] [dues ] [livled or ][imposed ] [in] respcct [thefeol.] ###### 3?. [(r) ][Subject ][to ][the rul€s made ][under ][tbis ] [Regulation' ] [a ][Cram ] [Pancbayat] Tar.ae [which] may levY- may [be.] iInPGeE. (4) I tax on [the owners ] [or ][occupiers ] [of ][buildings;] (b) a tax on [professions, ] [trades' callings ][ard ] [employment;] (;)atarouvehiclesotlrerthaomechanicallypropelledvehicleskept\trithio the [liririts ] [of ][the ][Gram;] ###### (d) a tax on sale [of ][cattle ] [within ] [the ][limits ][of ][the Gram;] (e) a iheatre or [show ] [tax on ][entertainments ] [and ][amuseme ] [ts:] ###### f) [a lighting ][ta-r;] (g) a drainage [tax;] ###### {}) [fees ] [for providing ] [sanitBry ] [arrangcmP.|:-1t ][tu"h ] [places ] [of ][worship ] [of] p g.iniui",-fui"'und [meias ][vvithin ][its ][iurisdiction;] ----- IJ SEe. [ll] TIIE GAZETTO [OF INDIA ] [EXTRAO@INARY] ###### t- to, tto"* [of catile in ][grazing lands ][undcr ] [the management ][of ][the] Gram [Panchayatl] ###### =t (/<) fee [for ][providing ] [the watch and ][qard of ][crops ][in ][the ] [Gram;] ###### (I) licence [fee ][for ] [plying ] [of publig ][ferry'] .-(,\Thetaxesandfeesreferrodtoinsub.section(l1st1ll-9:]::.?"'"d'asses- sed [an'd'rcalised ] [ia ][such manner ] [an'iiiiitn ii"iJ ]["t ;ay ][be ][prescribed'] Apteal acail1sl ldvy of tax, ###### ;:,f ihx,ilEl$,tJ#1"?'ffi [i:ty#$[lt"s''l*$""::"*'i'i'l"t'?;] Suspension ###### 3e.rhcDepusce*ri:lff lI#;:iHJ'ff i::i#::o$"lx'oo'fix:lT; of levy ta)i or fee.[ot] :-Tf i#.'hi".il"#'il'ifJ'"'lliSLsuchsuspension' Lease of markets ###### rro. It shall [be ][lavful ] [for ][a ][Gram ][Panchayat ][to ] [lease ][by public ] [auctron ] [or] etc' nrivate contracr [tbe ][collechon ] 'i" [il'itets ] [and ] [bazirs ] [if ][any ][such ] [fee] ###### "iXii'ilt is imPosed [under ] [s@tton ] [: ][r ][:] ###### Providedthatalesseesha}lgivesecurityfortheduefulfilmentofthecon- ditions [of ][the ][lease ][ot ][contracr'] RecoverY [ot] taxes aod other dues' ###### ils*#',1#g*$.$H[**$$ts;*n-rr-,ssm (z) Every nottce [ofdemand under ] [sub-seotion ][(r) ][shall ] [be served ] [io slch] nanner'as [may ][be ][Prescrloeo'] ###### (r)rthe,"qr",yry:h;li:1"Tfj"f il*,f.t?i"'J"":."#;:,';il'"ili$ i"oa ###### XiiljHt*l#tli#'$f.Hs [#'i"l"-i ] 'ir '"""ou' account of [its ][receipts ] [and] Accoudts. ###### 42' Every [Gram ] -Panchayat t*-'*lT"h fordr [as ] [may be prescrtoeo'] ###### ""p"oiii*Jio-iu"h Anaual 13.(r)pvervqtll*.*iltlf;f, ffi :l"l'iiJ,3,liJ.:i"iq#lllli.| estimate expenditw€.[of] TffiFft"j;T#i{'d::tltJ#'r'S';?'[yT#lebudse'ito'lheP'ncbava'! (e)IhePanchavatq"llffi : ,T'l3tir'J$,S't*fi either';Pprove [tho ] [budg€t ][or ][rel] "-T#t:;",i"TTiii:fl ###### calion [as ][it ][may ][olr?ct'] {?) Ifanv [modifications arc ][madc ][under sub'seclion ]-tJ itJitiilt;a to rire' [(:)' ] [tbe budeet ]Panchalat [shall ][Sanriti'][be] resutiiiited [within ][such ] [p""oo ] "j'fi'Jv ###### (a) No expenditure [shall ][be ][incurred ] [unless ] [the ][budget ] [is ][approved ] [by ] [the] PanchaYat [Samiti;] Providcd [that ] [if ][the ][Panchayat ] [Samiti ][fails ][ro ][gonl:{ ][lt-t ][*P-fon"l within ][the] pedod [presrribed ] [fo"n" ][p*po*]ttliitigLilii ][G ][o""*th ] [to ][nive ][been ] [approved'] ###### 44. [(r) ] [The ][accounts ] [of.-evTy Gram ] [Panchayat shall be ][audited annually] in ,u"il*"n# [as ][may be ][Prescribed'] ###### (2)TbeauditshallbecarriedoutbytheAssislantCommjssioncrorsuch [xffi ][[1'*s"il-] ----- ###### l4 TITE OAZBTTE OF INDIA EXTRAORDI}iARY TPATT rl_ audit, forward copigs of th€ audit rcport to th€ Deputy Commissioner and the Gram . Panchayat. . . [(3) ]T[e [Deputy Corrmissioner ] [may after ] [oonsidering the report and after] making such further enguiry as he nray coirsider nccessary, diiallow airy item which appcars Lo.hrm contrary to law and sutcharge the samc on tbe perso! makitrB or authorising the illegal paymenl, and stali-- . . [(a). ][if ][such ][person. ][is ][a rnember ] [of ][the Gram ] [Panchayat, proceed against] him'ln the manner spccified in sub-socrrons (z) and (;) of ircii6n 49; and ###### (6) if sucb person is not a memqkr of the Gram panchayat obtain the explanation of the pers,on .and direct such pcnjon to pay to the C;am panchayat the.amouot surcharged within a spccified period and if the amount is not piid ###### within th€ specitied period, tlre Deputy Conmissioner shall cause jt to be recovered as an affears of land revenue and credit it to the Gran Fund. (ub.sectron.{J} - [{4) ]4ny may within thirty [person aggrieved ] [by ao order ]days of the date [of ][the Deputy ]of rhe orrlcr, [Commissioner ]prefer an appeal [uudcr]to th€ Adrninistrator whose dccisicn on such appeal shall be fiiil. Adolirlstra- 45. {t) Every Gram Panchayat slrall submit annually to the Assistant Iron !€poft. Commissioner a report on the Adminjsration of tle Gram Panchayat during thc pfevlous year. ###### _ [(z) ][The ] [report ] [shalt ] [be ][prepared by the Pradhau and after ] [it ][is ][approved ] [by] the Gram Panchayat, shall be tbiwarded to rhe Assistant Corrnissio'ner wirh i copy of th€ resolution of the Oram Pancbavat ihereon, CHAPTER VI CoNTp,oL or GRAM PAIicHAyAT Po,rpr to .16. The Deputy Conrmissioner or the Assistaut Commissioncr shall havc call for polver- Proc€rdings etc. {a} [to ][call ][for ] ###### - _ _(i) [any oxtract ] [from ][the ][prcceedings ] [of ][a ][Gram ][panchayat ][cr ][any] book, record, corrcspondence ot documents in the possession oi under con- ###### trol of a Cram Panchayat; (l'i) an] retum, plau, estimate, statement, account or report for the purpose of irspection or examhation; and ###### (&) to require a Gram Panchayat to take into consideration- (i) aoy objection which appears to the Deputy Commissionet or the Assistant Commissicner to exit to the doing of anyihing which is about or is being done by s'rch Gram Panchayat, oi ###### (li) any informationwhich the Deputy Commissioner or the Assistant Commissioner is able to furnish and whiih appears to the Deputy Com- rnissioner or the Assistant Commjssioncr to-necessitate thc d-oin-g ofa certain thing by the Gram Panchayat" and to make written reply to thc said Deputy Comrnissioner or the Assistant Conmissiorer as thg case may be*ith.j-n a rCasonable rirne, stating i$ reasons ###### for not desisting flom doing such thlogs. DefaBh in 47. [t, at ary iime. it appea;s to fte Ass;siant Commissioner that a Gram 0€rfortnanc€ Panclla)at has made wilful and persistent default in the pertbrmanc€ of anv dutv GramPaochay.r*.ofduty by performance imp-osed orr ii of by this Regulation. he ihar duty. If the dut!' may is nct by order in p€rfomed wr:iing, within the fix a plriod period so f6r fixed,the Assistant Commissioner may appoint any person to perform it, anA direct tbai the e)ipenses of tbe performarcc of such duty shall be paid by the defa,:lting Gram Panchayat withio such period as tbe Assistalt Couomissionor may think fit, ----- ###### src. tj TIIE GAZ TTE O}' INbIA [EJTTRAONDINARY] l5 Svspeqsio!} ###### {8. [(r) ]If. in the opinion [of ][the ] [Assislant Commissioner, the ][executlon ] [of] of €xe-cu- .n" ord.. ii.iittution o'f a 6ram [Panchalat ][or ][the ] [dcing ][of ][anything ][which ][is] tion of ord€r on iUlui to U" oon" or is [being ] [rionc by ][or ][un behalf ][of ][a ][Gram ] [Panchayat ] [is. ] [caus-] resolutioo inp or is likelv to cause iniurY or [lnoolanre ] [to ][the ] [public or ][to ][tead ][to ][a ][breacn] of ###### ;fL\; ;;; t,i it-untawri.,t. ['tte ][m:rv, ] [bv ][orrler in ][writing' ] [suspcnd ] [the ][execuiion] Faocbayat. or proiibit the doing thereoi (z) When the Assistaut Commissioler rnakes an order under sub-s€ction ###### t;f, [li, ]['srrafi]orir,w ][ith seld ][to ][the ][Gram ][Panclnyat ] [atrected. ] [thereby ] [a ][copy ][of] ihe order together [reith ] a [statement ] [of ][the ][reasons ] [for ] [making ] [it.] ###### (r) The Assistarrt Commissionr:r shall forthwith submit to rhe - [Deputy] Comniiisioner a ieport of [the ] [citctmstrnce; ] [rn ][which ] [the otder was ][made ] [under] ###### tlj i..iioo and ttie [Deputy ] [Commissioner may ] [after giving nolice ][to ][the ] [Gram] F*"ttay"t and making iuch [inquiry ] [as ][he ][deems ] [fit, ][rescind, ][modify ][or ][confirm] thc order. ###### It9. (r) Every member of a Gram Panchayat shall be [personally ][liable ][for] Liability mernb€rs of the loss, wiite or misapphcation of [any ] [rnoncy or ]-other [property ] 9f LF [qlt] fbr loss, Sabha to which [he has ] [been ] [ir ]Parly [ir ][which ] [hiis ][b€cn caused ] [or ][lacdltateo ][cy] water ot ###### [lJ nisconouct or wiltul [neglect'of'liis duty ] [as a matnber ] [amounting ] [to ][fraud'] misappli- catioo. (.2) trf after giving the t".b", .on.".n.d [a. reasonable ] -opporiunity, [for] strowing cause to tie [co-ntrary ][thc ][Assistant Commissioncr ] [is ][satisfied ][that ] [the ][loss'] ###### wuit. oi niit"opliiation of [any ][moncy ][or ][other ][properry ] [of ][the ] [Gram ] [Sabha ][is ][a] Jii""i of misconduct [or ][wilful ][neglect ] [on ][his ] [part ][he shall, ] [by ][order] -Our", in wrltinp. ""nl"oG'tie direct such mcmber [to ][pay ][to ][the Gram ][Pancbayat betbrc a ][hx€o] ###### it required to rcimbrirsi [it for ][such ][loss. ] [waste ][or ][misapplication:] ""i.ooot Provided that no such ordo [shaU ][be ][made ] [for ][bonafide ] [or ][technical ][irre-] gularities or mistake of a member. (3) If the amount is Rot so [pajd, ] the Assistar.t [Cornmissioner ] [shall ][recover] ###### i t as an arreax of land revenue [and credit ] [it to ][the ][Cram ] [Fund.] tz) An order of the Aisistan{ [Commissioncr shall ][be ][subject ][to ][an ][app€al] to tbe ['Deputy ]Commissioner'if [made ] [within thirty ] [days ] [of ][the date ][of ][the ][order'] e). (r) If in rhe opinion of [rhe Aiiministrator, ] [a ][Gram ] [Panchayat-] Dissolutionof Gram Panchayat. (c) exceeds or abuses its [pou'ers ] : [or] ###### {r) is imcompetent to [perforn ][or ][makes ][wiiful ] [and persistent ] [alefault ] [in ][the] perfoniarce of, ihe duties imposed on it by or under lhis Reguletion or [any] other law for the time [being ][in ][force, ] [or] (c) fails to levy tle taxes leriable under this Regulation, or ###### (/) oersisren v disobevs the order of the Assistant Commissioner made undei iuUsection [(a) ]of scitiol [48, the ] [Administrator ] [may, ][by ][order ]Published ###### in the Ofrcial Gayette dissolve the [Gram ] [Panchayat.] (:) No order under sub-section (r) shall be pass€d without [giving ] to the Grarl Fanchayat a leasonable [opponunity ] [to ][render ][an ][explanation.] . G) [If ][a ][Gram ][Panchayat ][is ][dissolved ][under ][sub-section ] [(t) ][the following] consequence shall ensue, [namelY ] [:] (a) all the members of the Cram Panchayat shall, from the date [specified] ###### in the ordet. cease to be members; [period] ----- ###### l6 TIIE GAZE-TTE OF INDIA Sfi'RAORDINAhY lPesr II* (c) thc Nyaya Panchay'at for tlie Graur shall be deemed to have been dis: solved and all thc members of the Nyaya Panchayat shall vacatc ofrce as from ruch date. ###### (4) An election to constitute a Gram Pan.'irayat shall be completed befots tlrc eqriry of a period of six morths from the date of its dissolution. Disputes botween 51, If any disputc arises betwcen two or nore Gram Panchayats, it shall Cram be rcferred to the Dcputy Con:missioner and the decision ofthe Deputy Commis- Panchayats. sioner thereon shall be final. Administra' 52. Tle Administrator or the Deputy Commissioner may call for and exa- trator ot mine the rccord of the procedings of any oficer or Gram Panchayat for the Deputy purpose of satisfying him**lf as 10 the l€gality or propcriety of any order passed Commis- sroner may and m;ry revise or rnodily the order rs he may deem fit. call for progeediqgs. CHAPTER YII I'iVAYA PANCHAYAT Constitu- 53, {r) There shall be for erery Gram a Nyaya Panchayat which shall con- tution of sist of five persons to be electcd by the members of the Gram Panchayat from Nyaya Panchayat. amongst temselves, ###### (z) Three menrbers of the Nyaya Panchayat shall form th€ quorum for a meeting. Oath of 54. Every member of a Nyaya Panchayct sha , belore entering upon his o$.r-e, dutics. take thc oath of omce irr the form set out in the First Schedule hefore thc Assistanl Comrnissioncr, €i€ctioq [('i] 55. Every Nyaya Panchayat shall eiect from amongst its members a Sarpanch Sarpanch and an Up-sarpanch who are able to read and write Hindi orany ofthe aad Up language in use in the Gram for which th, Nyaya Paochayat has been consti- sarpanch. toted. Term of 56. Thc term of office of every membcr of a Nyaya Panchayat shall be co- oftce. temrinous with the term of the Gram Panchayat : Provided that the Sarpanch and the up-sarpanch shbll continue in ofice until they are relievcd by thcir resp€ctive successors, Judicat 57. The Secretary of the Gram Pnnchayat shall be ex-officio Judicjal clert of Clerk. the Nyaya Panchay;it for the purposes of recording its proceedings and decisions and perfcrming such other duties as nay be prescribed. Seai of 58, Every Nyaya Panchayat sirall have a sea! bearing its name, thc lrams Nyaya of the Tebsil aud the District in which it is constituted, and all its decrees, order Panchayat. prcreedings and proc€sses shall bear the seal of the Nyaya Panchayat. Rcsigm- ###### 59. The Sar.nEnch and the up-sarpanch or a memher of a Nyaya Panchayat tion of . member, ,'nay resign his office by giving a notice in writing under his hand to the Assistant Commissioner and his off&ce shall thereupon become vacant. Rentu.val - [, ] [.60. ]-(r) [lhe ][leputy ] [Conrmissioner ][may,. ] [after giving ] [him ][an ][opportunity] ###### of mem- of being heard afld for reasons to be recorded remov€ any member of a Nyaia ber from Panchayat if in his opionion, such member has been guilty ol misconduct in the Nayaya dischargc of his du(ies. Fancha. yat. (z) Any person aggrieved by an order of the Deputy Commissioner under ----- SEc. 1l TBE GAZETTE or [rNDrA ] [EXTRAORTDINAAY] l1 Filling of 61, Any vacancy [arising ] [in ][the ][officr ] [ofa ] [rnember ] [of ][Nyaya-Panchayat shall ][be ] nrr"a 6u er""ioo'una'rne .i*uuii [i;';i;;.ffii-h;ttl ] [orii"l ][iot ]i9 llos [as ][the ] -TT11,^- ###### ili,iu"i i.iltt"* [pii.i ][hi ][nas been elected ][would ] [have ][held ofrce if the ][vae{mcy ] [vacaBores'] had not occurred. CHAPTER YIII ###### . POPBRS O! NYAYA [PANCIIAY.i\T] Powers ###### 61 A Nvava [Panchayat ] [tnay ][exercise ] [such ][of ][ihe ][powers- ][mautioned ] [in] of Nyaya r."tioi-ol anci ijiu. iii-Aittioittiutor [mav, ][by ] [gencrat ] [oi ][special ] [order, ] [specify'] Patrchayat. 63, Subiect to the [provisions ][of ][section 62, ] [a ][Nyaya Pauchayat may ] [take] Powers of Nyaya cognizance of [all or ][any ][of ][tue ] [follwing ] [suits ] [naately ] [: ]- Pancha- (c) suits for money due or contract [not aflecting ][any interest ] [in ][iuunovable] yar [o take propetty; cogni- (b) suits for recovery of movable [propetty ][ot ][for ] [the value ][tlereof;] zance of suits. (c) suits for compens'tion for [wrongfully taking injuring molable ] [pro-] perty; (r/) suits for damages caused to standing [crops ][by ][eattle ][tresspass;] Where the amount of [value ][of ][the clairn ][does ] [not ][exceed ][Rs' l00i-'] Suits uot 64, A Nyaya [Panchayat shall ] [not ] [have ][jurisdiction to ][try ary ][suit ][:-] triable (a) On a balance of partnership [account;] by Nyaya Pancha- (6) for a share or part of s share under [any ] [intestacy ] [or ][for ][a ][legaey ] [or] yat. part bt' a legacY under a will; (c) bv or asainst the Government or any local authority ol [an officer or] ###### ."*"ni #ttt Ciu.iorn*nt [o1 a membsr, ] [offiier ] [or ] [servaut ] [of ][a ][local ] [authority] in his olEcial oapacity; (d) by or against a minor or [a person ] [of ][unsouad ] [mind'] 65. Subject to the [provisions ] [of ][section ] [62, ][a ][Nyays ] [Panchsyat- ] [may ] [take] Offences ###### cosniza;; aid [rry ][atl ][oi ][any ][of ] [the ][ofhnces ][speci6ed ] [in ][tho ][Third ] [Sehedule] cognizable by Nyaya ###### i;fi;ding abetmenf [of, ][and ][attenpts to ][commit, ] [such ][offences'] PanchayaL 66. No Nyaya [Parchayat shall take ] [congizance ] [of ][any ][criminal ] [case ] [agains!] c€rtam offences 4 [pefson where such ][person-] not to be (a) has been previously convicted of an offence [punishable ] with [imprison'] tried by meni of either [descriptioi for ] [a ][tern ][of ][3 years ] [or ][upwards;] a Nyaya Paacha- (b) has bsen previously fined for [theft by ][any Nyaya ] [Panehayat';] yaL (c) has been bound ovet to be of good behaviour under section [109 ][or] secti;n 110 of tbe [Code ][of ][Criminal ] [Procedure. ] [i973'] ###### (/) has been previouslv convicted un'let the [Putlic ] [Gambling^ ] [Act,.-l-867-] or thEintlaman a'od Ni"o5'ar [Islands Gambling ] [Regulatio!, ] [1951 ][(II ][of] l95l). {e) [is ][a ][public ][servant.] 67, [(z) ]No Nyaya [Panchayat ] [shall ][try ][any ][suit ][or.issue ] [in ][respect ] [of ] [any] Res-Judi- ----- ###### 18 THE GAZETTE OF INDIA EXTRAORDINARY [P^R" II- (z) Where an accused person has been tried fot any ofence, no Nyaya P&nchayat sh4l take cognizance of such offelce oi on the same facts of any other oflence of which ihe accused might have been charged or convicted. Effect of _ -68. [The ] [decision ] [ofa ][Nyaya ][Panchayat ] [on ][rhe quesrion ][of ][title, ][legal] decision. charfcter., .contract or obligalion shall not bind the pariiei except in. rc:pect of ihe sult ln whlcn such malter rs declded. Maximum 69. [(r) ]The maximum [penalties ]which mav he inrposed bv a Nvava peDalties. Pancbayat ind tbe offcoces for which they may he imposed shall be ai specifrid'in the fourth Schedule. ###### (z) No sentence of imprisonment, whetlier substantivc or. in default of payment of fine, shall be imposed by a Nayaya Panchayar. Youthful 70. Instead. of passing any sentenc€, a Nyava Panchayat may discharge of.bni:rs. after due ridmonition, a youthful offender who ir the opinibn of such Nyaya Pancheyat, is, at the iime 6f conviction for the offence, under the age of siit6n years. Compen- 7I. In inflicting any fine under section 69, a Nyaya Panchayar may direct tbat sat,on to rhewhole or any [pcrtion ] ofthe tims recovered shall [^- applied- complain- ants. (a) to*'ards defraying the expenses properly incurred in the case by the complaint, cr (d) in giving compensation to a perscn for any material loss or damage caused to him by reason of the cornmission of the offencc. Compen- 72 LNyaya Panchayat may, if it is satisficd afrer enquiry that a case sation to brought before it, is false, frivolous or vexatious, order the complainant to accused. pay the accused zuch compensation not exceeding rupees fifty as itthinks fit. 73. [(r) ]Whenever the Sarpanch has reas{-.n, to apprehend thai any person Security ###### for keep- rvithin the [jurisdiction ] of the Nyaya Panchayat is likely to comnit a breach of the [peace ] of disturb public tranquility; he may, by order in writing, require such ###### lnC peace. the . person to show causewhy he should not be ordered to execuie a bond with or withodt suteties iot an auount not exceeding ruDees otle hundred for keeping the pdace for a period not exceeding 15 ctafr. The Sarpanch shall, after issue of such notice, refer the matter to the Nyaya Panchayat. (?) If the Nyaya Panchayat is satislied lh3t it is necessary for keeping the peace thal the person in respcct ofwhom tlie notice has bcen issued should execute a bond with or v.'ithout surelies, the Nyaya Panchayat shall make an ###### order accordingly; Provided that when the peison in r.spect ol' whom the enquiry is madg is a minor. the bond shall be executed by his sureties. (-?) ifthc i.{y_aya Panchayat is satisfied that it is ot nec€ssary for keeping the perce that such person should execute a bond the Nyaya Pancha:yat shall make ###### an crder accordingly and sha.ll discherge him. (+) Nothing contained in this section shall afect the po$'ers of a tvlagis- trate to take security for kecping the peacc under section l0? of the Code of Criminal Prorcedure, 1973. Contempt 74. [(/) ]if any [person ]inteationally offers any insult io a Nyaya Panchayat ###### of Nyaya or any member thereof, while it is sitting in any stage of a judicial proceeding Panchayal. in its or his view or prcsence or refuses to take oath duly admiuistered ###### . [or ][sign ][a ][statemcnt ] [made ][by ][the ][said ] [person ][when ] [legally ][required ]to do ----- SEc, 1l TIIE GAZfTTE OF INDIA EXTRAOSDINANY l9 ###### (e) The fine imposed shatl be deemed to- be a fine imposed in a casc. TJ. (.r) No member of a Nyaya Panchayat who is a party to or C€Itaia ###### has any i stest in, any suit or case shau sit on the Nyaya Pancbayat pef,sons wlille it is trying such suit or case. not to slt" on Nyaya ###### (e) Any dispute as to ..tl'hether a menber is party to, or interestsd Paacha- ###### in, a suit or case shall, on h \a'ritten application by a patty to such suit yat. ###### or case, be referred to the Assistant Commissioner for decision, the deci- sion of the Assistant Comrissioner. thereon shall be final, 76. G) If any member of a Nyaya Panchayat is ab-sent from any Absenca hearing the remaining members may, notwithstanding anything contained of mem- in this Regulation, try the suit or case, provided. that at least thres mem- ber af Defs are ofeseft. hearings. {2) [No ][trial ][so ][aforesaid ][shall ][be ][invalid ][by ][reascn. ][merely ] [that] all the members lvere o! present at a:ry hearing or that some of the members were not present at all the hearings, of suoh trial, ###### 77. Save as otir:rwise prcvided in this Regulation, the Administrator Conduct rnay make rules rd rcgulate- of busi ###### ness of (a) the co-nduct and distribution of business in and proceedings before Nyaya a Ni'3ye Panchayat; Pzncba- yat. ###### (r) the times and places ofsittings of a Nyaya Fanchayat; and (c) atry other matter which in the opinion of the Adninistrator is necessary ###### lbr the prcper and elicieni conduct of proceedings before a Nyaya Panahayat. CHAPTER Ix PRoCEDTTRE IN aAsrs AND sulTs 78. [(r) ]Any [psrson ] who wishes to institute a suit or a case before a Nvava Suirs and Panchayat shall make an application orally or in writing to the Sarpancb oi, in cases his abscnce, to such other member of th= Nyaya Panchayat rs the Sarpanch may bow ins- have appoinled for the [purpose ] and shall at the sarne time pay the pres;riH feei.. tiruted, (2) Where the suit or case is instituted orauy, the Sarpanch or other meh$r- shall witholt dsl4y rccord the sL,h-stance of the application in the prescribed register and obtain sigratur€ or thumb impressio.a of the dpplicant &ereon. 79, {d Every sdt institut€d before a Nyaya Panchayat shall include the whole ###### Suits to of the claim which thc [plaintifr ]if entitl€d to make in respect of tle matter in include dilpqte, bul he may reiinquish any portion of his claim in order to being any suit the whole viithin the [jurisdiction ]of the Nyaya Panchayat. claim" (2) U a plainiitr omits to sue in respect of or relinquishes any portion of his claim he shall [not aflerwa(ds ][sue ][in ][respect ] of the [pofiion ] so omitted or relinquished. 80. No suit shall be entbrtained by a Nyaya Panchayat after the expitation of Limita- on6 [year ]from [the ][iimelvhen ] the rlglt to sue first ac0rued. tions ###### . [81, ][Every ] [case ] [o-r ] [suit ] [instituted shall ][be ][brought ] [before the ][Nayaya ][panchayat] Complai at its next sitting and the complaioant or the piailltiff as the cesij may be. nant or shall, at the time of making the application, be informed of ttre time and ptacq fixed p aintiff for such sittirg and directEC to attend at that tirne and place. to attend next sitting ###### of Nyaya Panchayat. 82. The Nya.va Panchayat after heariBg the appl:cation shall cause a written Summons suflrmons in the prescribed form to be served on the acr'used or defendant, as the to be case may bc requiring hirn to attend aod produce his evidence at such time and issued to ----- ###### tn THE GAZET?E OF INDIA EXTRAORDINARY lP,ur II- ###### _ hovid€d that the [panohayat ] may, after hearing the appl.ication and examining the-compldlant.or the plaiutr_tr, relrse to rssue a summon ;i;;; ii;;;ilT ###### plairt or suit, if it is satiafied thit the case or suit is iiivoioui,-u"rut,ou, ""d or untrue. Summons ruay, if it considers the ev)denc€ of, cr r.he ro wit- proquqlon ^"^r,,9j^!ll$^Ifry.tT+"y"t ot oocument bv- any p€rson necess-ary in a case ot suit, issue summons ne$as. to suchper;on requiring hi;io atdnd oit" J.oo"J. 6i ."-i* rie irocucrion ofsuch do.ument and such person shall be b,ouid to gomply with ttie Olieciions con_ taiaed in ths sunrons. (2) A Ny.aya Panchayat may refuse to. summon a witness or to enforce a summon already issued againsl a, witness where in its opinion the-aite;46;i the witness cannot be procured wjthout g.n amount of deliy, ixpense or inconven- rence which in the circumstances would be unreasonable. '' [---'] Service ###### of _ _ [t4, ][(1) ][Every summons shall be,in duplicate, ] signed by the presiding member sutrlmoDs of thc Nyaya PanChayat and be served jn the manneiprescrjbed. the , Gram, ^(2) [Iflhe ]the sumlrons [ddendant or ]may [accused is ]be forwarded [at the ]by the [time ]NyuyiFun"t [ofthe ] issue ofsummons ayat g tn" erririrntoutsid.e Comnrissioner who shall caise the sommons'to be slried as ii-it'were a summons from his own counl Pl€adffs, ###### etc. ex- 85. [(l) ]No [pleader ] or vakil'or adlocate shali be permitted to appear on cluded behalf of any party to any case or suit *foii tne'Nyiy" pin"lr'ivut, from appear- Provided that anv Daltv to_ any sueh case or suit may be permitted. on &n@. reasonable cause being iuownro *e. |ilisia"tio;;f rdNdi;'pio"nryut ro any relation. servant deDends t. or liiend who is not, and w:ho has ndt previouili,"rpry a pleader or'vakil or an advocate ro appear in li.u ;i ;u;Il ;;;tv:' (2) When a relation servant dependant or friend appears in iieu of a party, he shatl be f'.rrnished by such party *ith u nitriii *" .*r*t to wbich hc is empowerid to ait. "irli,o'.iti,-a.in,og Adlourn- merlt. ot ^" aoy - -,86. case [A ][Nyaya. Panchayat ]or suit: [may, ] [from ][time ][to ][time, ][adjourn the ] [hearing] Provided rhat such adiournm-ent is, in iis opinion, unavoidable or necessary ###### for a just and equitable decision or trre case or surt- Disposal gasrs andof informed 87. of (l) rhe If the time comolainant ani otace fixed^for or -plaintiff fails ttre nc"i;nt,;[*y# to appear after puniluy-ut having beenrItoi suits in bear and decide the case 5r suir rn nrs absence. a@nce ol party concerned, "f mamer [,h,(*.*.1{Kv?,,f ]herein before [t?::"?if ]prescribed:[?i,nilH:"*iT ] [#??:ti5,'*i:"i?i."d:] arcused Provided unless that he has no apoeared sentence - either in'person !111!t \ nassed by ;r a- by Nyaya ;'r_;p;;estuii"", panchayat on *foii,ary the Nyaya Panchayat and the suDsrance ot hrs statement has been recorded in the prescribed regisier. either . . [(3) lf ]in _p--rson [after fhe ]or by [service ]a repres€ntative, [of ][su.rnmons ]the'Nya;,a [upon ] him, i"".f,-uvui,iuv an.accused l.ails apply to appear.iti 'rtre presentative Sessions Judge-who before the sha[ Nyaya-panchayat compeu the accused-to appear as if he iire u in C,lurt per.o,i iryng oi'Uv tn" his..-cus". ###### . (a) $1ere an accused person has,, under sub-section (3), been comoelted 19 [arnear ] [before ] [a. ][Nyaya ] [Pahchayat, ] [t[e ][Nyaya ] [pa"iliy"i ][,trri?"rt#i;ii'i&;] compulsory.hrs statement and rhereafter hiq attetrdance ai tlic heariog of ths case shalr not be {-:oll!pro- . -.88. [q) ][Where ][it ][is ][provided. ] [to its ][sarisfaction ] tbat a suit has been adiusted mise of wholy or in barr bv anv lawful ugr""rnent, ['"oiniiorni.;-;;':"ir6.cri,;;; ] suits and Nyaya Panchayat shail orier such agieement, compiomise oi ruiirtu"tion il'ti;il ----- ###### 2l frEc. [1l] TgE GAZE"I'IT [OF ][INDIA ][D(TR]AORDINARY] (2) A Nyaya [Panchayat ] [may ] [permit ] [any ][case ][to ][be compounded ] [I] Provided that tle [oflence] is compoundable [under ] [the ] [code ][of ][Crimjnal] Procedure, 1973. Death ol ###### 89" When [any ][party ro ] [a ][suit ] [dies before a ][decree ] [has ][been Dassed' ][the ] [suit] partier, shall abate but [a ][fresh ] [sut ][may be ][brought on the saffe ][ca ][se ][of'action ] [and ][the] ###### iliiiii*i*i"J-*hich [the ][suit ][ilii ] [p"noi-tg ] [shall ][be ][ercluded ][in ][computing ][the] iiiiod oftititution [for ][the ] [fresh ][suit'] &cisioa ###### 90. [(r) ] [It ][shall ] [be thc ] [duty.ol a ][Nyaya ][Panchayat-to ][€scertain the ]with the [facts][pre-] otr tacls or tn" .ose'oi*uir [p"l"* ] f*',;*l3i"ni['ffi#r,":ordarce aScer- cision of this [Regulation ] [and ]'l [tl] Iaiicd. ###### (z) Norbing contaioed in any law [relating ][to. evideuce ] [or ][procedure ] [sbali] urr..t't'# [poi'Jt. ][3e ] ^ [xiov" ][Panchayat ] [to ][hold ] [such ][inquiry'] ###### (?) After holding such [inquiry' ][a ][Nyaya Pancha)at nray ][pass ][such ][order or] a."r."'i', *ui [;nli, ] [-opioio,'' ][t""ti ][iuit ][in-a'equitaule ] [ani ][such ][order ] [or ][decree ] [shall] ii"i"-ih" [nooioc ond ][rbcord a ][biief ] [statemeut ][bf ][the ] [reasons ] [therefor'] Decision ###### 91. The [decision ] [of Nyaya ] [Panchayat shall ] [he ][in ][accordancewith ] [the ][opidon] by Majoriry "f [tne ] [maioriiv ] [of ][sucll ][mernbers ][lf ][thl ][mcmbers are ] [equally divided' ] [the person] ii*jii;i [tt;ti ][havc ] [a ][seccnd ] [or ][casting ] [vole'] 92' (r) In [suits ][for ][mbn€y, ] [a. ][Nyaya ][Parchaya! ]PlI- [io ][its ][discretion'] Intdest di;ect-plyment [of ][interest on the ] [sirm ] [decieed' ][at ][a rat€-not ] [exceeding ][six ][percent] and i|tstal- ###### #t'-r"["i". ]i"t" [tle ][date ][of ][the ][decree ] [uniil ][ihe dato ][of ][payment ] [and ][of ][any ] [fees] ments. wnicn mai [be ] PrescrjtEd' {2) [When ] [a ][Nyala ] [Panchayat ][decrces ][lhe ][pa}'rre[t ] ':f [sum ][of ][money ] [in] ,rit. iilouy'ilr".irt "lt [ii ][Ue ][paiJ ][by inrtalnrents. ] [without ] [inlerest ][or ][with ][intcresl] not cxceeding [the ][above ratc'] Nyaya ###### 93. (t) [Except as ] [provided ][in ][sub'saction ] [(2)' a ][Nyaya ] [Fanchayat ] [shatrl] Panehayat not havc [power ][to ][cancel' ] [revtse ] [or ][aller ] [any ] [decree ] [or ][order ] [passed ] [by ][it'] nor lo revise or alt€r ils ###### x$;Hl'Jffi r{iil*iii*'i!1f:'ili,*"fff [T] d€cisiod. writins ",",!?",:?fJ,,liiii:ii?"fi restore [any ][su't ][wnt"o ] [fial ][been dismissed ] [for ] [default or ][in ][which ] [an ] [ex-] ###### ;;;i;?;;;; il;'b"en [parsed against ] [the ][dcfendant'] 94. (t) [On ][an ][application ] [made ][by.any ][oJ ][tle ][parties ] [or ][on his ][own ][motion] No appeal agairst ###### tte [pistrici-juage ][in ] [i^suit ][and the ] [ses"sions ] [.Judge- ] [in _a ][case ][may csll ][for ] [and] dgele€ [qr] Jiu*li" ilt. [*"d'ta ][or ][proceedings ] [lreld ] [by ][such ][Nyaya ] [Panchayat'] order of {2) If [it ][shalt appear ] [to ][the ] [District ] [Judge. ] [or ][the ] [S^ossions ] [Judse ][that ] [the ] [dec-] NYaYa ree order or [proceedings ] [," ][.;[a'i;;ir;;id ] [bi ][modifieo, ] [cancelied ] [or ] [reversed.] Panchayat ###### ;;;;;-G iuch ordci [as ][he ][maY deern ] [fit'] but revision lits. ###### rfr ltl" [p.rlod for ][filling ] [an ][appiication ] [by ][any ][of ][the ] [parties under ] [sub-] sectio; il) .l" [G ][inltry ][days ][fiom ][thtdate ] [of ][the ] [de';ree ] [or ][order'] ###### 95. [(r) ] [When ][arq ][Nyava ] [Panchayat ]i: Si "iilt:l that, any suit or.caseby Reference@by [Nyaya] before it, [is' ]of [such ] [nature' ] [intiicacy ] [or ][importance ][that-i.t ] [gught ] [to ][be ]-tried Panchayat to District ###### il?'i;"atlil3:"H,.ry*'Ar":m,"*'.Td"'ffi L"i"niii, judee ot tUe ii [,r,"ri ]Sessions [stay ]Judge' _proceediirgs as tbe [an&refer the suit ]case mey be' [K1i"qil'f'fi ]for [orders'][or ][the ][case ]it!'ffliidi[to ][the Disiric!] os Judge.Segsions (s)If1-heDi;trictJuclgcorthesessionsJudgeisofoplnionthatasuitor ""." [rl",if ][*"ii'"rt,ii". ][int.i"uiy ] [or ][imponance ] [thar ][ir ][ought ][not ][to ][be ][tried ][by ][the] ifi;;; ia;;;rt-;;-that [the-accused ][in ][a ][case ][ought ] [to -rec€ive ] [a-punishment] ;;'r"'.;"i i; kidd from or [more ] [severe ] [than. tbai ][which ][such ] [Nyay.a. ][Panchayat is] H,J!.wil'; [io'iniri"i. ][tu.t- ltdge ] [shall ][pass ][orders ][directing- ] [the ] [plaintiff or ][cr:m-] ;i;il;;';; [ihe ][civil ][or ][crimiial ][court ] [as ][the ] [case ] [mav be ][comPetent ] [to ][take] ----- ###### n THE GAUETTE [OF ][$'IDIA ] [9)(TRAORDINARY ][IPARr ][tr-] -"':':'- '==:======::::-===: 0) [If ][the ] [Dis,tricr Judge ][or ][the ] [Sessions ] [Judge ] [is ][cf ][opinion ] [that ][the ] [suit] or I'c',i,ii,,l'i case is not of ,i,i'i,i-ri,:iJiiil-ii [such ] [nature, ][tnl;ctt ][it" ] [eaie ][;r ][ougui ][i-portandt ][not ][Io ][that.it ]'eceive€ [ought ]punishment [to ][be tried ]diffe--by fent in kind from. [severe ] [tn"o ] [t-itui ] [wnicl:.ucn ] [Nyayo ][Panchai,at ] [is_ ][empowered] ###### i;fr;.i: ilti ioig" i-hii [t"t*n- ] [iirt ][suit ][ot ][case ][oi ][tie ][Nvava ][Panchaval which] made the reference for [disposal.] Sessiods 96. [(r) ] [The ] [Sessions ] [Judgc ][in ][any ][case ][or ][the ][District ][Judge ] [in ][anysurt] fudge aad n uy ;J;"i'ii';;'ii"ii".ii'i [*fiti1e, ] .$"st' [artv proceedings-or ][a ][Nvava ] [Pan-] District chayat at any s{age [or ] o"y ordEi [a&rce ] [pasied ][by ][the ] [Nyaya ][Panchayat'] Judge may "un.", sub-sec{on quash p!o- (?) Wben an order has bqn.pqt$tl [by ] [the ][District ] "Judge--u'nder ceedings. trf, [i,i'i"t#.i-if ] [uny ][.ult ][rtt" ][plaiirtiff ] [rrai ] [institute ] [a ][fresh- ] [st'it ][for ][tbc ][same] civil coun. and [the ][p€rlod ] [rtot"it'i ] [aut" ][oi ][the instiiution ] [of.th€ ][suit ][before ][tbe] ###### i,{;;;F;;;i;.v;tiJ [itt" ][aut" ][of-iuctr ] [ord"r ][shall ][be excluded ][in ][computing the] o,i.io,t limiiatioo [for ][the ][ftesh ] [suit'] ###### "t (3) When an orr.lcr has [been ][passed.bv ]!!: [Sjttl?i: ] l-9g^under [sub'section] (1)'in rcsprct of any crse. [ptn"ititingi- io".tttptct. ] [of ][tLe ][same ] [offence ][may ] [be] in.srirutcC in the court of [a ][Magisltate ] [hrvlrg ][Jurtsolct{on'] Finality ot 97. Every [order ][passcd ][bv.a District ] [Judge ] [or ][a ][Sessig-1-luqqt-1t]d:: ][thi'] negulliion-s,"taii [be ][,5nei ][and shirll not ] [subject ][to ][appcal ] [revision ] [or ][revlew'] ord€N ard decrees. ###### 93. Subiect tn [the ][provisions ] [of ][this ] [Regulation ] [in. ] [regard ] [to ][all'proceed-] Proceduro inr, .t,ii"r",#-tlgrr:.iio"l [ttt"- ][sitiiorrs ] [Judge ] [ir'd ] [the ][Disrrict ][Judee ] [shall ][have] in pro- thi., s.rme [pou,ers ancl ][io ][ow_tni ][sime ][proce?ur* ] [3s ][they respectively ] [have ][and] ceeditrgs follow in l'eaard [to ][p.o",,oto!' ][in ][cohlecticn ][with ][orders ][decrees ][of ][courts] belore the ###### iiijJiiiilit" i6-- [tt ][em ][in ][thcir ][o-rdinarv ][jurisdiction'] District Judge. ###### 99' Save [as ][otherwise provided, ] [no. ][coxrt ] [shall ] [take ][cognizance' ] [of ][any] Bar of off.nJ"'u, JnGtiio [anij *uit colnizable'by ] [the.Nyaya Panchalat ] [under this ][Regu-] iurisdictio8 lation uulcss the [Sessions ] [ot ][to"t ][Uiiti& ] [Judgp ][llas ][passed-an ][order ] [in writing] ol couts. under section 95 or [96.] Suits, etc, 100. Where [the torm ] [of ][a ][Nyaya- Panchayat.has ] [€xpired ] [or ][a Nyaya Pan'] peadiDg at chavat is decmed [to ][have ][beeB ] [dissolved ] [utrder ][s€cuon ] [Ju-] oxpiry of term of (a) all cases aDd suits [pending before ] [the Nyaya ] [Panchayat ] [on ][the ] [date] dissolirdon "r [,;:i. ][;;pl;-;; ][cisiotution ] ['haii-] ###### oi Nyaya (i) if a new Nyaya [Panchayat ] [is ][constituted' ] [be ][heard by ][it ][denovo'] Panc^baya , ot ###### (ii) in other cases, be [deemed ][to.have ] [been ] 'quashed under (2) or sub-sub- secd;# [(i) ]iiti"tloo [io- ]""0 [iG ][provisions ][of ]'sub'sectign ###### ili; {5 [ai ][the ] [case ][may be, ][of ][tdat ] [sectior shall apply thereto'] (b) all Fndrng [proceedings ] [and ] [applications ] -for [tl: ]i:*uot [of ][fine ][or] con:Densation [in ][cas€s, ] [or ior ][fre ][execuiibn ] [ofdecrees.or ] [oJders ] [in ][suits ][shall] ###### ili*tiiiri"ir"c t" [ttre ][to*pircoi ] [co".t ] [having.jurisdiction. ] [to.try ][the ][case ][or] ;ti.;;';.i;i ";il or suit out of [which ];hau [lre prilceiings ]aiJwitn [ine ][or' ][proeeeii-ngs ][apptlcati-ons arose ][or ][application ][had ] [been ][as ][heard ][if ][the ] [cass][and] decided bY [the ][such ] [court'] ###### 101. If on [application ][of ][a ][decre+holder,"t ]i{gi^t:lt- [debtor' ][a ][Nyaya] SatisfactioB pan"r,'a"vat oii", noos that [the ][decree ] [has ][b€cn ] [satisfied ][or ][adiusted ][whollv] or adjust- or in [part, ] the [Nyayr ]"oii,itC [run.nuvui'tfr"rr1"ii'iJit" ] [r*t ][in ][the ] [prescribed register'] ment of deq€e to be recarded. 102. [(r) ]If' [after a ][period ] [of ][otre ] [morth from ][the date ][of ][a ][deccee the] EaecutioD a"#?!Ldii ilr;ti;i"A [* ][,i ][uil*ia ][ilu;note.9J i1111.the ] [decree horder] through tho il;i,;iff;;".-v1;11-trtt [aui" ] [of ][the ][decree' ][applv ] [to ][the Nvava ] [Panchavat ] [ror] ----- jEc. ll TIIE €AZETTE OF INDIA EXTR.AORDINANY ###### ., .(z) [On the applicatioo ] [of.execufion. ] [the ]Nyaya [panchayat ] shall ccirify to tbe Assistant Commissioner that rhe dectec rem:)ins unsatisfied or unadiusted ,r"hJI,-,..r rn part and on rec€ipt of such certificate the Assisrant Commisiioner - - - [(a) ][if ][rhe ] [decree ] is fcr money, proceed to reeover it as if it were an arrcar of land revenue^ cr (6) if tJre.decree is for any specified movable propeny. cause rhe decree to be execurco as lr lt wcie a decree of'a civil court and in so acting he may exercisc all the pcwers of a civil r:ourt. ###### 103. If tlrc emount of fine or compensation under this Rcgulation is not M )de cf fully paid,.the Nyaya Panchayat shall certify accordingly to ihe asSiraor Coro*is_ r€co!.'efy, ###### ll9!:.t -"1._9i"t":erpr recovgr rt as rl rt were [ol ]an [such cirtrficate,. ]arrear of land [the ]revenue [Assistant Comrnissioner ]and shall rernii the [proceed ]irr,ount [to]*o llne eomoellsl-ot rocoveied to the Nyaya Panchayat. tion. ###### 104, As soon as the amount of fine or competsation referred to in section tne DrescflDec reulster.103 is realijed by the Nyaya [panchayat, ]the amouni so reaGd itralt t" ente;a l; Com tion whent:r r- realised to be re:JrdcC. rralor lO5, rn sucn gl,grj lorm NVuyq and h,tfore such [pancha)at ] datc s-hall as sub.nir tiray bc prescribed,its annual report to the Adninis- Subrnissi)nof a,nnual report. ###### *^,.:rHru,f,,, 106. The Administrator sirail by notification in the Official Gazette consti- Conitit u- tute for the blocks in iiie Union t,]ffi,tory to which rtLis Regulation applies p;;h_ ti, r ol avat the intermediate lcvel to be called ?anchayat Samitis-. P3ir:hly3t Samitie, ###### . . l0Z, . [(r) ][Every Panchayai ] [Samiti ][shall cousist ][of ][such number ] of seats as Compori- the Ad;rri,ristretor may bi notifcation detern)ind. liotr of Panchavat ###### _ [(d ] ['fhe ] _sects [in ][rhe ][panchayat Sarniti ] [shall ] [be ][filled ] by [pcrson ]chosen bv Samitis. direcr erecrion from rhc te*irorial consrituencies in such mariei ltii ii,"'r",i6 bet*e'en the pbpulation of €ach constituency and the r,untui, J sat, afioit"o iio ###### it shall so far as practicable be the same thioughout the pancb;t'at samiti area. ['-] . [(f) ] [Tqe ][following ] [pe$oos shall ][also ][be ][represented ] in the [panchayat] ###### Sami ^ namely :- tl yat. such samiti ^ period as nray [(c) ]10 [a ][proportion.of ]be determined be prescribed [the pradhans^of rhe ]b_1' order : of thc Administrator [Gram ][panchayat ]a'nd [in ]tty [the ]rotaticn [pancha_]for il ###### ll piovided that while nominering.-thc pradi-.ans by rotation. the Adminis- trator shall eosure that as far as.posjible. ail rhe,pradtians iri riir,*inlJi,p:ii.r- ###### tlniry of being representcd in the [panchayat ] Samiti ar leaii ?nce Ourii! iis duration: aad . [(r) thc ][Membef ][of ][the ][House ] [of ][parliament ] [representing ] the Union rcrrrrory, who shall have the righi to vote in the meeiirgs of the p:inchayat Samiti. ###### ^- [. ][!4. ][I\: ] [?1""1:l9llaof ] [sub-scctions ] [(s)-_ ] [(6), (7) and ][(8) ][of ][rechon ] [r ][I ][shall] 1o [ia:f as ][tnar-.De. ] [appiy ][to ][tbe.pancirayat ] [sa-miti ][as they ] apptv to a Gra Panchay.r,. subject to. the modi$cation th?t for the worAs [;;dr6m ] panchaval:, tvherever they occur, the words "Panchayat Samiti,, had t"ao ,u&titut"a. ["-,*'] ###### Gazette _ [I08. ]under saction [Every ][p.anchayat ]106'be [Samiti.shall, ]a body corpoiate [by the ].traying [name ]rrrperual notified .""""iriJo ir rhe Officialio? Incofpor&"tiotr of a common seal ard shall, subjecr.to such restriciioni ['an.i ]co"ctioni-lnpoiiii Panchayat by or undcr this ----- ###### TIiE GAZETTE OF INDIA EXTRAORDINAN.Y [P^xr n- Petsons 109. [(r) ]Every member of the Gram Sabhas constituting the Panchayat oualified [to] Samiti shall. unless disqualified under this Re8ulation ot any other law for the votc and be elected. time being in force, be [qualified ] to vote at an election to the Panchayat Samiti. ###### (:) Every rnember of the Gram Sabhas constituting the Pancbayat Samiti shall'unless disqualified under this Regulation or any other law for the time being in force. be [qualified ] to be elected to rhe Panchayat Samiti. Disquali6- 110. No [person ]shall be a member of a Panchayat Samiti or continue as catroll. such if he- (a) has failed to pay any tax, fee or other sum due to the Gram Panchayat ###### or Panchavat Samiti or Zilla Parishad withio three months from the date on or before [yrhich ] [such ][tar, ] [fee ][or ][oltrer ][sum ][is rcquircd ] [to ][be ][paid, or] ###### (l) holds any salaried ofrce or place of profit under the Grem Sabha or Gram Panchayai [or ][Panchayat ] [Samiti ][or ][Pradesh ] [Panchayat, ][or] (c) has directly or indirectly any share or l lonebry intetest in any $'ork done by or to the [Panchayati ] [Samiti ]or [in ][any conkact ] or [employment ] with or under or [by ]or on [behalf ] of [the Panchayat ] [Samiti ] [or] (d) is a servant of the Govemment or any municipality, or (e) has becn dismissed from service of tle Governtr€ot or a municipality ###### for misconduct, [or] (f) has been ordered to give security for good bebaviour under section 109, i i0 of the Code of [Criminal ] [Procedure' ] [1973, ] [or] (e) has been convicted by a uiminal court of any offence involving vio- ###### lenceir moral [turpitude ][and ] [sentenced ] [to ][imprisonmeui ] [for ][not ] [less ][than ][three] months and a [period ] ol five [years ][have ]not [elapsed ] [since, ][his ][release ] after unilergoing such [imPrisonment.] ###### (i) has not attained the age of 21 years, or (i) is of an unsound mind and has beea so declared by a competent Court. or ###### (i) has been dedared by a competeft court to be an insolvent or has been disqublified und.er any law [relating ] to [elections ] for the [time ][being ][in ]force by a competent court for [adopting a ][corrup! ] [practice ] or for [commission ] of aa election offence for the [period ] of [such ] [disqualification, or] (fr) subject to clause (&) is so disqualifed by or under any law for ths tins beihg in force for tle [purposes ] of election of the Houss of the ?eople. Decisio! on 111, If any [question ] arises whether a [person ] has [become ] subject to any ouesuo0s [as] disoualificetion referred to [in ][section ] [4, ][section 7 ][or ] [sectioa ] [110 ]it [shall bs ] [r€fened] ###### ti disquali- to ihe Chief Secetary for [decision ] [and ][his ][decision thsreon ] [shall ] [be ]final [:] fcation. Proviclecl that before [giving ] any [decision ] on any [such questioo ] the Chief See- rctary shall.obtain the opinion,of [the ] [Election ] [Comraission and shall ] [act ]according 10 such oplruon. ###### 112" [(r\ ]On the constitution of a Panchayat Samiti for the fiISt time uoder Eleclion of Pramukh this Regulation or on the [expiry ]of [the ][term ] of [a ][Panchayat ] [Sarniti ]or on [its ] re- aod Up. constitution, a meetiog [shaU ] be [callod ] on [a ][date ][fixed ][by ] [the ] [Deputy ] [Commissioner] Pramukh. for the election of the ltamukh [and tho Uppramukh ] [by ][and ]a from amongst ###### the eteoted m€mbers of the Paochayat [Samiti.] (a) The Deputy Commissioner shall [preside ] at such meeting but not have the right to vote. ----- SEc. 1l ,iHE GAZE*ffD OF INDIA EXTRAOBDINA}iV 25 ###### (r) In case of equality of votes, the result of the electioo [shall ] [be decidcd] by loii'drt*n in the ireseiice [of ][thc ][Deputy ] [Commissioner ] [in ][such manner ] [as] he may determine. ###### - G) Subject to any [general ] [or ][special order ] [ofthe Administrator, ][the ] [Deputy] Commissioner shall [reserve-] (a) the oumber of offices of Pramukhs in [the ] [Panchayat Samitis ] [for ] [the] Sctreitilea frio"s [which ] [shall bear, ][as ][nearly ] [as ] [may ] [be. ][the ] [samc proportion] ###### io tfr" i.i"f number of [such ] [ofices ][in ][thc ][Fanchayat ][Samitis ] [as ][thl.n-onulq-] iioi of-ift" s"n"aoled [Tribes ][in ][the ] [area ][of ][the UnioD-telritory to ][which ] [this] Regulation applies [bears ] [to ][the ][tot:al ] [population ][of ][such aiea ][;] ###### (6) not less than one-third of the total [numbor ][of ][oflices ] [of ][Paramukh ] [is] tbe Panchayat Samitis [for ][womel ] [:] Provided that the [offices ][reserved ][under ] [this ][sub-section ] [shal ] [be ][allotted] b" tG Commission by [rotation !o differertt ][Patrchayat Samitis ][in ][such] manner "teciioo as mav be orescribed. Ex€cutivc 11.3. The executive [powers ] [of ][the Panchayat ] [Samiti ][under. ][this ][Regulation ][aoC'] power of ###### tle risponsiuititv for [the ][due ] [fulfilment ][of ][thc ][duties imposed ][on ][the ][Pa[chayat] the Pancha- l;i;i'.r;J* .hi [Regulation ][and ][for ] [carrving out ][the ][resolutions of ][thc ] [Panchavat] y&t Sasiti. Samiti shall [vest ] [in ][the ][PramuktL] Term of ###### lll. -bcirrg [(r) ] The [Panchayat ] [Samiti ] [unless sooner dissolved ] [under any ][law ][for] omcc of rhe timi in torce, shall [cbntinue ] [in office for five ] [years ] [from ] [the ][date ][appointed] Panchayat ###### for its first [meeting ] [and ] [no ] [Jonger.] Samiii. (:) An election to constitute a [Panchayat ] [Saniti ][shall ][be ][completed:] (c) before the expiry of [its duration ] [specified ][in ][sub-section ] [(r);] (b) before the expiration of [a ][period ][of ][six months ] [frorn ] [the ][date ] [of ][its] dissolution: Provided that [wher6 the relnainder ] [of ][the period ] [foi ][which ] [the ][dissolved] pun"^no"ul Suniiii *ould have iontinued is less tiran [six months, ]it [shall ] [not ][bd] ###### ;;6;t to hotd any election [under ][this ] [sub-sectiol! ][for ][consiituting ] [th€] Panchayat Samiti [:] ###### (r) A Panchavrt Samiti constituted upon the [dissolution.of ] [a ][Panchayat] SumitiU"foic ifr" of its duration [shail ] [continue only ][lbr ][the ][remainder ][of] ###### ;h;';;i;e f;t [nhicli ]"ip'iiation [the ] [dissolved Panchayat ] [Samitiwould ] [have ] [eontinued ] [under] iuuiectlon [(r) ][had ] [it ][not ][been ] [so disscl"'ci'] Oath of ###### 115. {r) [As ][soon ] [as ] [may ] [be ][after ] [the ][first ][meetinS-of the ] [Pilnchayat ][Sanili] o$ce. .u** .J.u"i'tu"r"of [shall take oath ] [of office ][before ] [tlr€ ][Deputy ][commissioner ] [in] rhe iorm set our [in ][thc First ] [Schedule'] ###### (e) No member of the Pancbayat Samiti [who ][bas ][npt-l+en ][such ][oath ][sball] "ot" member [.iii.L" ]of [any ][purt ][committee ][in ][the ][proceedings ][constitutcd ][6f ][any ][by ] [the ][merting.nor ][Fancnayai ][shall hc ][Damrrr-] [be ][included ][as ] [a] Rcsignatioo ###### 116. [(r) ] [Any ][member ] [of ][a Panchayat ] -S-amit [i may resign his ][office-by-giving] ofo6ce. -.,_ notice'il wrliing-to [that ] [effecr ][to ][rhe ][pramulh ] [aod ] [sucb ] [resigrarion ] "hall [take] "li"ii [f.o. ][the date ][of its ] [receipt ] [by the ][Pramukh' ] r (?) The U DaDramukh may resign his office [by ]€iving [notice in ][wdting ][to the] pramikir. but there.signation shall not take effect [uniil it ][is ][accepted ] [by the ][fancna-] yat Samiti. ----- ###### 26 itiE [G,AZETIE ][OF ][TNDIA ][EXTRAORDINAR!] fPexr [lI-] Motio! of ll7. (r) A' motion of [no-confidence ] [may ][be ][nroved ] [by ] [any member ] [ofa] oo cotff- Panchayat Samiti against ihe Pramukh or lhe [Upapramukh ] [after such ][nodce] deqc.€. thereof as may be [prescribed.] ###### (r) If the motion is carricd by a majority of not lq;s tban two-thirds of the total ririrnber of members of [the ] [Pairchayai ] [Satniti, ] [the ][Pramukh ] [or ][Up-Pramukh,] as tlre case may be, shall oease to hold office [after ] [a ][period ][of ][three days ][from ][tba] date on which the motion is carried [unless ][lre ][has resigned earlier.] ###### (3) Notwithstanding any thing contained in this Regulation, [the ] - [Pramukh] ###### or Upiirrarnukir sball not-preside oi'el [a ][meeting ] [in ][which ][a ][motiolr ] [of ][no-confi-] denc,i iidiscussed against him' [but ][he ][shall ] [have ][th; ][right ] [to ][speak ] [or otherwise ] [take] part in the proceedings of such mr:eting. Casual ll8- Any casual vacancy in the offico of the [Pramukh, ] [the ][Upaprasukh ] [or a] vacatrcy. seat of a Panchavat Sarniti shall be fi ed for the [rsmaindet of ][the ][term ][by election ] [in] accordance with the [provisions ] of [this ][Regulation:] Provided that in casr, ttf a [seat ] or the office [of Pramukh ][reserved ] [for ] [Scheduled] Tribe or woman, no [petson ] othcr [than ][a ][menrber ] [of ][the ] [Scbcduletl ] [Tribes or ][a] womzrn, as the case [may ][be, ][shall ] [bc ] [quahfieJ ][to ][be ][chosen ][to ][fill ][such ] [vacancy.] ###### lf9. (r) The Administrator [shall ][appoilt ] [a ][Group ] [A ][Officer ] [of lhe Anclaman] Saatr Paochayatof ald Nicohi Administration 10 be [the ][Exetulive Officei ] [for ][eYery Piltrchay{t] Sa{riti. Sauiti. ###### {z) The Covernment mav Dost from time to [lime ] to [work ][under ] [every] Panchivat Samiti such number [of ][6tricers ][and ] [officials ] [of Croup ] [A ][or ][B ][or ][C ][or ][D] servicei of the Andaman and [Nicobar ] [Adrninistration (includiug ][any ][officer ] [and] offcial aDDointcd to [such ][service ] [from ] [amongst ] [porsons ] [employed ][by ][existing ] [local] ###### authoriti;) to serve under [the ] [Pancbayat ] [Samiti ][as ] [the ] [Adm.inistrator ] [considcrs] necessary. ###### (J) Notw;thstanding anything contained in this Re-gulatioo or.any [other ] [law] for thi iime being in force, the [Administrator ] [or ][any ][officcr or ][othet' ] [auth-ority] auihorised [by ][himln ] [this ] [bciralf shall ] [havc ] [the ][power to ][effect transfer ] [of ][the ][officers] and officials so [posted ] from one Samiti to [anothar Samiti.] FurctioDs 120^ (r) Sava as otJrerwise explessly [provided by ] [or ][under ][this ][Regulation,] of the the Executive Officer shall- ExgcutiYe O6c€r (a) exercise all the powers specifically imposed or conferred ugrn him by and other or uider this Regulation or [under any otLer ] [law ][for ][the ] [time ] [being ][in ][force;] o6cers, ###### (b) lay doltrr the duties and supsrvisa and control [officers ][aod ] [officials ] [of'] or tr,ilding i,ffice [under the ] [Panchaytt Samili ] [in ][accordance ] [with ][rules ] [made by] the Adminisuator; ###### (c) supervise and coutrol the execution of all works of the [Panchayat] Samiti: ###### (d) take necessary measures for the sp#y execution of all [works ][and] developmental schemes of the [Panchayat Samiti;] ###### (e) have custodv of all oapers and documents connecled with the groceed- ings bf tne meetings ;f the [Paricheyat ] [Samiti ][and ][of its ][committees;] ###### U) [&'qw ][and ][disburse moDies ] [out of ][the ][Panchay'at ] [Samiti ][Fund! ] [aod] (g) erercise such other [poVers ] and discharge [such ][other functions ] [aE ] [may] be prescribed. ----- ###### sr{. lI TITE GAZXME C!' INDIA [EXTR.AORDINARY] Samiti is violative of or [inconsislent ] [witb ][the provisions ] [of this ][RegulatioD' ] [or ] [any] other law, rule or order made thereunder, [it ][shall ] [be ][bis ][duty ][to ][brrng ][the ] [satr.l€] ###### to the notics of the Panchayat Somiti. Mcetirg of ###### - 721. (r) The time and [place ][of ][mcrtings ][of ][a ][Panchayat Samiti and thc] ParchayEtSa!|ili. procedure for such me€tings rhall be such as [may ][be ][prescrlDeo] ###### (:) A member of a Panchayat Samiti [may- ][at ][any meeting, move any resotu-] tion airi [pui ] ouestions to the Pr#ukh [oitte ][tiiapraiurn ] [on ][matters ] [conoected] ###### with the ;dmi;istration of the Panchayat [Samiri ][in ][the ][manner ] [pres$lb€c'] (J) No resolution of a Panchayat Samiti [shall ] [bc ][rnodified, ] .amended' [varied] o" tn" Panchayat Samitiivitain [a ][period ][of.three ] [month's ] [ft():1iF ],q?'t3 ###### of "utt#tt"i tv passing th6reof except- by a [resoluti-on ] :qpponed [by ][two'tilrds ] [ol tne ] [{orar] nuriber oT members ofihe ?anchayat [Samiti.] ComErillee!. ###### 122. (r) Subject to'such [control and ][restrictions as may ] [lle ][prescribed' a] pancnavai siriritfmai' appoin, r* t-iicising [sucl ] [of ][iti ][porvers ] [and ][diso] ###### "o"tiiiii*it harging su"n of its dir [irid ] [and ][funclions ] [as ][it ][may ] [specifyr] ###### (r) A Committee may consist of not more [than ] [five ] [members- ] [and rnay. ] [be] airtor[i oti"-io".iiiGa r"i [t*n ][i""J"ns ][ond ][in ][such ] [manner ] [as ][may ][be ][presoibed'] Proc€cdlng aot to lre ###### 123. No act or [proceedings ][of ][a ][Panchayai Samiti ][or ][of ][any^of ] [its ][committees] iovalid. shail be deemed to be [invalid ] [b:y ][reason ] [only ] [of ][the ] [existence ][ot ][aoy ] [vacancy ] [or] ###### ili;;il-til;;ilituiio" irt"'p-"*ttaf [it ][Samiti ][or ][of ][the ][conmittee ] [o: ][of ][anv] informity in its [proc€ediDgs.]"r Dutie! [aod] functioa ###### 12. (r) The Panchayat [Samiti ][shall ] [have ] [slch.porvers and authority ] [as ][tl€] aAminiitratdi'mav. '"?,? *"i^-'p.dri;6'";i;;;ilti [by ][order, ] [published ]it to fuoction [in ][rhe ]as [Official ]an institution . [CazEtte' ]of-self [desm ]covernment[necessary] in resoect of the Dreparatlon [or ][prooalot t"oootnic ] [development ] [and ][social ] [justic€] in relition to the mitters [listed ][in ][the ][Fifth ][Schedule'] ###### (z) Thp Panchayat Samiii may [also ] [make provision ][for ] [car.r.ylls ] [out within] tne the ar!7 hcalth, of iti safety, iutisdiciion educatidl, [any ][crthci ][,;i;;' ][work ];"il;n"", [or ][measure ] [which.is ]totiut . ot [likelv ]ionoiric [to ][Drornote][well] ###### il;d;ri|t pers<jtit ieriorng iri its-j;;itdi;iio;' and [rnav ][do all ][rhrngs necessarv ][for] repaii therebf, and [in ][particular ] [mav-] ###### iilil;i;;il"* "^d (a) widen. open' enlarge, or otherwise imptove- [any. ] [such,road' ] [bridge ][or] culveri and [planf ][and ] [preserve ][trees ][on the ][sides ][ol'such ][roaos ] [I] (b) deepen or otherwise improve any -waler [course ] [and other ][property] mentioned ln clause [(c) ][of ][sub-section ] [(r) ][of ][sectron IJU' ][ano] (c) cut aoy hedge branch of any [tree projecting on ][any ] [such ] [road ][or ][sbeet'] ###### (a) The Panchayat Samiti [may also ][have ] [control ] . [of. all. ] [roads'.. ] [streets'] *u,"rvlvr,' [iiagii-J"i-",rttiir 1rvtuch [are ][situated ] [within ][its ].i8risdictiotr [noi] being [private property ] [or ][oc. ][*i'ng ][th" ] [property ][for ][the ][timeteiog ] [under ][the] ###### *otioi of the [Gi,vernmeng ] [and ][miay- ] [do ] [al[. rhings ] .nec$safy [for ][tbe ][imPro]€-] $ent, rnailltctranc€ [and repair ] [the,reot, ] [and ][In ][partrcuat ][may-] (a) lay out and make [new roads and streets; ] [a'ld] ###### (r) construct new bridges and [culverts] Tratrster of ###### 1?5. The [Administrato{ ][rnav ][entru* ] [to ][the ][Panchayat ] [Samiti ] [the ][execu-] aBy [qork ]or tioo. maintenance [or ][repa[ ] [or ][ony ][ivort ][c'I ][the ][. maoagemcnt ] [of ][any instituti'on] i$titutio n ###### H'ilil.I ['^;f ]th"-Go""tti*Jot [or ][such ] [local ][authority ] [:] to Patchr - l*q [fr-Di, ][i.] Provided that [the funds ] [nec€ssary ] [for ] [the execution ] 9r [repair ][of ][tbe ][work] ###### [ to][ the][ Pancbayat][ Samiti sha[] ----- ###### 28 'THE GAZETTE oF IND'A EXI.ITTIoRDINARY rP^R.r II- $T.."'^tiT-. or conEact' shall , -- be [jfti. ]in writing [Evvry contract ]and shall ba [or ]sifned [agreement ]by the [entered ]Pramukh [irto ]and-by [by ][a ]two [Panchayat Samiti]othei members of tlre Panckyai Samiti and s".dea witl the conmon seil of the [panchayat] Samiti. ###### Palchlvat ^127. Q) There shall be a Panchayat Samiti Fund for each panchayat Samiti Fild. lor crediting moneys by or on behalf of the Panchayat Sa;{iti or for withdrawals oI sucn moneys thereln i _(:) . [The ] [following ] [shall ][be credited ] [to ][and ] [forrr ][part ][of ][th6 ][panchayat ] [Samiti] Fund, namely :- (a) the proceods of any lax or fee imposed under scction 128; ###### (r) the contribution mde by the Government or any local authority or person; (c) all sums ordered by any authority or court to be creditcd to the Pan- chayat Samiti Fund ; ###### . (d)_ the income from securities in which the Panchayat Saniti Fund is invested: (e) thc share in the coll€ction crf land revenue or otlrr Cues of the Go- vernment; ###### (fl all sums received by way of loars or gifts; _ [(B) ][the- ][income ] [cleriied ] [from ][fisl.,zias ] [under ] [the ][managenent ] [of ][the] Panchayat Samiti; ###### (i) the income from or proceeds of any property of the panchayat Samit; (i) the sale froceeds of all dust, dirt, dung or refuse collected by the. servants of ihe Panchayat Sanjii; ###### . [U) ]lums [assigned ] [to ][thc ][Panchayat ] [Samiti Fund hy any ][general ] [or ] [spccial] orcef oI the Admtnlslrator; .(ft) [all. sums ] [reccjved ][in ][aid ][of ][or ][for ][expenditure ] [on ][any ][institution ][or] servic€ meintained or fioancdd from the [panc&ayat ] Samiti Fund or managed bg the Panchayar Samiti; and ###### (I) grants-in-aid from the Consolidaterl Fund of India. {j) The.amourt of tlre Panchayat Samiti Fund shall be apul.ied subiect to provision5 and for rhe plrposcs of tbii Regulatiol and shall be kipt in suci cus- tody as may be prescribed. ###### icvy ttxca, of dutiB [lle.to ]. ^ P&. [owrng ][(r) ][raxes, ][The ] [Pencluyat- ][{llrljes, ] totls. [Sarniti ]ftss and [shali ]fces [!c,,1, ]in [ccllrjct. ]accordance [xssess ]rvith [and ]the [appropriate]procedurre .tc. and subject to such limits as may be prescribcd, name.ly :- . [(a)_ ][t{l-on.penons, ] [vehicles ][or ][animals ] [or ] [any ] [class ] [of ][them ] [at ][any ][tollbar] ###### , establishcd b.y it_ on any rcad otlrer than a kutc6a road or any bridge vested in it or undcr its managemsnt I (D) toll in respe€t of any ferry established by it or .under its manage- ment: (c) fees on the registration of vehicles; ###### \d) [af* ] [for ][providing ] [sanitary'arrangerrents ] at [such ] [placss ] of worship or pilgrimage fairs ----- ###### TIIE CAZ TIE OF INDIA EXTftAORDINARY 29 (/) a water rate, where aranepincnt for the supply of lvater for drinling, irrigation or any other purpose is made by the Panchayat Samiti within it$ jlrisdietion; (g) a lighting rate, where arrangement ior lighting on putrlic str€ct$ and ###### llaces [is ][made ] [by ][thc ][Panchayat ] [Samiti ][w;thin ] [its ][jurisdiction ] [:] Provided that the Panchayat Samiti shall rrot undertake reeistration of a veh.icle or levy fee therefor aha stall no! provide sanitary ariangements at places of wonhip or pilgrimage, fairs and rnelas within its jurisdiction or Ievy feo thcrefor if any such vehicle has already becn registered by any other au- thority under any law for the time b€ing in ftrrce or if such provision for sani- tary arrangement has already becn made by any other local authority: Provided furthcr that the scales of tolls. fees or rates and the terms and conditions for thc imposition thereof, shall be such as may be provided by bye- laws; and such bye-laws may provide for exenrption from all or any of the tolls, fees or ratcs in any class of cases. ###### 129. The Ad.ministrator nray, iutrjcct to such conditions as he made [deem] G.asts foi fit, rnake grants to the Panchayat Samiii for general purposes or for thE improvs- g€neral purposes. ment of the areas falling under the [jurisdiction ]of the Panchayat Samiti and [the] g'clfare of tbe residents therein. ###### 1$. (r) The Administrator may if he deems fit, [place ]any of the [properties,] Transfcr t ol the nature sp€cified [bdlo*', ] and [situated ]rlithin ihe [jurisdiction ] of th6 [Panchayat] r'lstttutioDaly.work o, Samiti, under ihe direction, maoagement and control of the Panchayat Samiti, to Pancha- namely :- yaa SarDiri. ###### (a) open sites. vacant and grazing lands not bcing privatc property' and and river beds; ###### (b) public roads and streets; (c) public chanuels, watercourses, well, ponds. tanks (except in'igations tanks undor the control ofthe Gov€rnment), [public ] springs, reserviors-, cisterns aquenducts and any adjacent land [(not ]being [private ]propcrty) appertaining to any public tank or [pondi ] [and ] lands appertaining th€reto; ###### (d) public sewers, drains. drainage works, tunnels and culverts and thing$ appertaining ther€to and otier [cooservarcy ] works; ###### (e) sewerage, rubbish and offensive matte$ deposited on stleets or collec- red by the Panchayat from streets, latrines, urinals, sewers, cessapools and other places; and ###### .(fl _public [lamps, lamp ] [posts ] [and apparatus ][connected ] [ther€with ] [or ][appsr-] tarn!ns thcreto. land shall be (Zt rut nlanaged *urt "r, and [ard ][regflatcd ]fairs,or such [by ][the ]portion [Panchayat ]thereof Samili as are and held all upon dues publiclevisd or imposed [in ][respect ][thereof shall ] [be ][credited ] to [the ][Panchayat ] Samiti. ###### 131. It shall [bc ][lawful ]for [a ][Pa.trchayat ] [Samjti ] to lease by [public ]auction or Lea6c [qf] private contract the collection of any fee on markets and bazars if any such fee is mrrkat etc. imoosed under ssction [128.] ###### 132. {r) When any [tax or ][fee ][or ][other ] [sum ]due to a Panchayat Samiti has Rccovcry of become [payable, ] tlrc [Panchayet ] [Samiti ] [shall, ][with ] the le:lst [practicablc ]delay. send tax and or cause to [be ][sent ][to ][thc ][persons ][liable ][for ] [rhe payment thereof ] a [demand ] notice in oth€r dues the [prescribed ] [form ] [for ][the anrount ] [due ][from ] [hirn ] [and ] [require him ] to [paythe ] amount ###### witliin tbirty days [from ] [the date ] of [such ][notlce.] ----- 30 HE GAZETTB OT INDIA EJCTRAORDINAR\i lP^Rr !l* ###### G) [If ][surn ][for ][rvhich ] [o ][notice ] of denrand has been served is not paid within thirty. days from the date. of such notice, tbe Panchayat Samiti may apply to ttre Tahsildar conecrned for its recovery ae an arrears ofhnd revenue, Ac{ounts. - [I33 ] [Every ][?anchayat ][Sarniti ] [shall maintain ] [accounts ]ol [its ] [receipts ]and e{p^nditure in such mauncr as may be prescribed. Budget of ths Pancha- -134. [(r) ] [Every Panchayot ] [Samiti ][shall, ][at ][such ][time ][and ][in ][such ] [mahnet ][as] yat Samili. may be prescdbed prepare in each financiai yoar a budget of its €stimates re€eiDts and disbursements for the following financlal year and submit the budget to fhe ###### Zilla Parishad. , , [(z) ][.The ] [Zilla ][Parisduh ][wirhia ][such ] [tinre ] [as ][may ][he ][prescribed. eitlrer ] aporove the budgct or rdturn it to the PaDchayar Sarniti for.'suc6 modificationr u, ft'*ii direct. ###### . (;1 $ a"ny modifications are rnade under sub-seaion {z), the budget shalt be resubmitted within such period as may be spccified by the Zilla paiishad: Paochryat - .Provided Samiti .that bythe [if ][the ]last [approval ]dato of ^of the [rhe Zilla ]financial _parishad year, the budget shall [is not ][received ]be [by ]d;em€d[the] ###### to ba approved. shall be incurred unless ths budget is approved by the ###### Zill" !4*iril?.""p"nditur€ (5) The Pancbayat Samiti m?I-lrepare in.each financial yoar a supplement- ary esrimate p_roviding for any modification of its budget and iray sumbit to tle ###### Zilla Parishad for approval within such period and in such nanner as may be nrescrib€d- Audit. ,.. t[ sucil inanner !35. [(r) ] [The aceouns of evc.ryParchayat ]as may be prcscrib(ad. [Samiri shali ] [be ][audited ] [anoually] (.e) Jhg au{!t shall be carried out by the Deputy Commissioner or such orher officct -. as the chief secretary may appoi nt [jn ]this bdhaf and the Deputy comiiisiionu c'r other officer shall within bne {oirih of tbc complation of [..he ] audit i.rw;;;;; ###### of the audit reporr to the Chief Sccretary and ihe [panchayai ] si.iti-ilrJ-'iii. ["] sucn " turther [_(3) ][- ][The ]enqurry [Chief ]as [Secreiary ]he.may consdef [may- ] [after ]necessary, [considering ]disallow [the ] [report ]any jlem whiCh appeals[and. ][aftermakine] ###### :fl-n:ili:^"ltllIi:ju*^lld-lulgnurg" Ine lllegal payment, ano snall- [tile ] [same ][on ][rhe ][person ] [making or ][auth;iising] " um [. ] [(r) ]rn lne [lf ][such person ]maDner speCued [i1a.ryemler ]ln sub-secttons [of.the ][Patchayal ]t2) and {j) [Sarniti, procecd ]of section 140; and[asajnst] - [(6) ][if ][such ] [person ][is not ][a ][member ][of ][the ][panchayat ] [Samiti, obtain ] [the] explanation of the person ard dire,--t such person to pay ro tUL panclavai Samiri rhe amount sucharged within a specihed period,'uoO if tne a-ouoi ii ###### not [p_aid ]within the specifred period. the Deputy Commissioner shal cause it to be recovered as arrears of land revcoue :rnd credit it to tne fanclriyat Samiti Fund. ###### . [(+).Any ] [person ] [aggrieved ] [by ]4n_ [ordrr of ][the ][Chief ] [Secretary ] [under ]sub, ::ctigl [(t).Tayj ][virhiD thirty ][days ][of ][the ][dat€ ] [of ][t!e..order, ] [prefo ] [an ][appeal ][to] tlle AdnlnNtrator whose dectsion on such appeal shall be final. Administra- _ l. 6r (r) Every Panchayar_ Samiri shall subnit annually ro the D€Dutv no! report, UonrmrsJroner a report cn thc adminlsbatjon of the Pancbayat Samiti duriuj thl previous year. ###### (al Tle report shall-be- prep ared by [prarrrukh ] ----- SEc. 1l TITE GAZETTE OF INbIA [EXTRAORD]NAT.Y] 31 Power to ###### 137, The Dcputy CommissionEr [shall ] [hsYe ][powsr-] call for trr .c€dings et (a) to call for- ###### - (t any extract from t!rc [procc'edings ] of [a ][Pallchayat ] [Samitt ][or ][a-ny] book','reci,rd. correspondcnce or [dotument ][in ][possession ] [of ][or ][under] oontrol of a Panchayat at Strnl;ti, ###### (ii) ary return, plan, esdnrate, [stateioent, account ] [or ][report ] [for ] [the] purpose of inspqctiolr or cxattiinati trtr; (6) to require a Pnnchayat Sar'iii to take into [consideration-] ###### (i) any objecrion $ith apFears to tlte l)eputy [Commissionet ] [to ][exist] to ttrri doi;g oi auything [rvliiih ][is ][abour ][to ][bi ][or ][is ][beiug done ] [by ][such] Panchey:tt Sarnili, or ###### (il) any iufotmation whicb !]re [Deputy Coiumissioner ] [is ][able ][lo ][fur-] nistr ['iiro'#tr;ctr ] appears [ro ][the ][Dcputl; ] [Comr,ri'rsiouer ]-to [necessitate ][the] ###### ;ilt;a o i*riu-lti it lng uy tlie [Pinciav:rt ] - [Sornid ] [and ][to ][make vr'ritten] icply-lo the sr:,l Deput;- [Cirrnnris ] 'i':r*'t [as ][thc ] [c'rse ] [rnay ][be ][withirr ][a rea'] ioii,iUt ti,ot, sleting [its ] [rcasons ] [for ] [rtot ][dcsisting ] [li'om doing ][suqh ] [things'] Default in ###### 138. tf. at ary t;mc, it [appcars ][to ][the ][DcD:ity ] [Conntissione: that ][a ][Panchayat] p'Iformance Su-ri'lri rJ. *rA"'"itr:ui [ancr ]irlrti.reot [rtcfault ] [in ][tbe ] [peri'ormancc ] [of ][any ][duty im-] of duty by Panchayat ###### ""JiJ br.for^on." "n [it ][b,,l ]irf [thls ]tNs [Reeulatibn, hc ][duty. ][If ][the dury ][may, by ordcr ][is ][not ] [pcrformed witlx^n ][iri ][writing, ][fix a ][the ][period ][per:og ][for. ] [the][s9] Sanritis. hxed. tle Deout! [Co,trm.irsioner ] [may apPcint ] [Bny ] n$!on [to ][pefioim ][lt ][anc clrecl] ###### il;ir;;-";*i,; ni ir," p"tr'o.tuni" r,f [rhc ][,)utv ] [itratt uc ][paia ][bv ][thc ][defaultiDg] i*"["v"i' s".,riii wiitti,i [to"t ][period ][as ][the ] [Diputy ][Couunissicner ] [may ] [think] fir. Suspgo$ion ###### 139. [(r) ]If. in [tbe ][opinion ] [of ][the ][Deputy ][Conxnissioner' ] [the ][execution] olex@ution oi order or ###### i" "r ""u "ra"i-6.'it'oiution rr" ,t"* or is hcing [ti ][a ][Panchayat ]donc [by ]or cn [saniiti-or ][behalf ][thc doing ][ol'. ][a Pauchayat ][or ][anything ][Samiti ][which][is] resolurion of ."rit'iin'rt "'U,jrii,i rii"fv [to ][cause ][injrrr'-y ][c.,r ][:ntroyance ] [to ][ttle. ] [pubiic ][or ][to ][lead ][to ][breach] I:ff"f'* ;lGhil;; i unlaifful ["ie-may, by ][order: ] [in ][writitg ][suspend ] [the ] [e\ecuiion or] Frohibit [the ] [dolng ][ther€ot.] ###### 12) Whstr thc Deputv [Commissicncr ] [makgs ][an ][ortler ][under sub-rygqion {,r)'] m .uo'fr'fotiir*itn [iinl ][,b ][dt ][Panchayat ] [Samiti ] [a$ectcd thereby a oopy ] [of thc order] tosether with a [statcment ][of ][the ] [relsons ] [lbr ][m'aklng ][ri'] ###### (a) The DeDBty Cornmirsicner shall forthwith [submit ][to. ][the Chief ] [Secre-] toru oiitt"-fJolon'r"riitory report of the cilcumstances [in which the ] [order was] ###### ft'd"-;;i;r;Li;;riutr [oia ]" [tn" ][cni"t ][sccrctdry o{.tJre ][union ] [rerritorv ] [may.after] ;;i*-^J;'i" the Panct'airt Samiri [aud ][inaking ][such ] [inquiry ] [as ] [he ][decms] ht. riscind, mrxlify [or ][coufirm ] [the ][order'] Liability of ###### 140, [(r) ]EverY [nrember ] [of ][a ][PanchlyaL ] [Srmiti ][shall ][ie ][personally liable] mett\b€ls for f". ,ir'"Jorrl'ioliaa:* loss,wastag€ biiniititit [samiti ] [ti'which ]"i [*i*ppiication ][lic'hrs ] [been ] [a ][of ][party-or-wldch ][dny money ][o_r ][lms ][other property ][b.en ][caused ][or ][of ][lacF][the] or misappli- iriiiiiii'i,v"rrii'iiiir.,jnJ,Lii [i,i ][*;urr ][nesl'ct'of ][iris ] [dury ][as ][a ][member ] [adoundns ] [to] ca$on. fraud. ###### (e) If after giving the [member ] [concerned ][a ][reasonable^ ] [opp.onunity. ] [for] sUowiliJ cause [ro ][th-e ][coitrary. ] [the DeDutv ][Comnissioncr ][is ][saiisfied ] [that ] [the ][loss'] wastage or mlsapplrcauon [o, ][on1 ] []nott"y ][ir ][othcr ] [propeny ] [ofthc ] [Panch.ayat ] [samiti] ###### is a direct [con;equ$ncc ][or ][mr..ondu"f ] [or ][wJful ][ncglect- ] [on ][bis ][Part'.lie.s9ll ] [by] ;;.-;;.;tiii"s'ilirecl [such Dlembo ][lo ][pav ] 1o [tlre.Panchayat. ] [Samiti before ][a] ilA d;;", ;il;;ounl. [rr:quired to ][i.;*t',,rje ][it ][for ] [such ][loss, ][*astage or ][misappli-] calion: ----- ###### lHFi CAZETIE OF INDIA EX IRAORDINARY lPrnr [1I*] (J) lf the amount is not so paid, the Depuly Clommisioner shall recaver [it] as an airears of land revenue and credit it to the [Pancbayat Sam.iti ][Fund.] (4) An order ofth€ Deputv Commissioner shall be subject to an appeal to the ###### C[icf ['Si:cretary ] of the Uni6n iemitory if made within thirty days of [the ] [date ][of] tbe order. Dissolutioa f41. (r) If in thc opinion of 1be Adr,itristrator, [a ][Pancbayat ][Sanriti-] of Parch&yat Samiti. (a) exceeds or abuses iis pou'ers; or ###### (t) is incompetent to perform, or makes wiiful aad [persistent default] in thb performance of the duties imposed on it by or under [this ][Regulation] the time being in force; or .or [ary ][other ][law ][f ] (c) fails lo levy the laxes leviable under this Regulation; or ###### (d) persisten y disobeys the order of tbe Deputy Conmissioner made undei iub-se,;tion [(21 ]cf section 139, d)e Admitrislrator [may, by ][order published] ###### in the Oflicial Gazette. dissolve thc [Paochayat ][Samiti ][and ] [direct ] [that ][it ][shall] be reconstituted in the manncr [provided ]in this [Regulaiion.] ###### (z) No ordcr undcr sub-sdction (1) shall be passed without giving to the Panchaiat Samiti a reasonable opportunity [to ][render ] [an ] [explanation.] ###### (j) If a Panchayat Samiti is dissolved under subsection [(1)' ] the, following consequenc,es shall ensure, [namoly ]:- ###### (c) all tho members of the Panchayat Samiti shell from the date specified in the order'ceasc to be members; (b) all powers and duties of the Panchayat Samiti shall, during the [period] of diisolution of the Panchayat [Samiti, ][be ][exercised ] [and performed ] [by ][sueh] person or pe.son$ as the Administrator may appoint in this behall'; ###### (c) the committc'es for tlu Panchayat Saniti shall be deerned to haYe br"en dissolved and all the membets of the [committees ] [shall ][vacate ] [office ] [as ][from ][such] date. ###### 142. If any dispute arises between [two or ][more ] [Panchayat Samities, ][it ][shall] Disputcs be referred to the Chiel' Secretary of [the ][Union territory ] [and decision ] [of ][the ][ehief] Parlchayatt€tlYesn Serretary thereon [shall be ]final' Samitie!. Chief Se€ret 1,t3. The Chief Secretary of [the ][Union territoty ] [or ][the ][Deputy ] [Commissioner] ary or Dep,-r may cali for and examine lhe [recotds ]of [the proceedings ] [of ][any ] [office of ][the Pancha-] ly Coinmissi yat'samiti or Gram Panchayat for the pr-rpose of satislying himself es to the legality oDet may 6r [propriety ] of any [order ] [passed ][and may rcvise or ][modify ] [the ][order ][as he ][may ] [deem] c.rll for pro- cQe(llngs. iit. CHAPTER XI THe ALLA PxnrsrlAD Zilla Pcris- 1*1. The Adniristrator [shali by ] [notjfication ] [in ][the ] [official ][Gazette ][consitlte] h.d. for the districts in the Union tenitory [to ][whlch ]this [Regqlation ] appli.'s, [a ][Pancha-] yat at the district level to be called lhe Zilla Parishad. Compositi0o 1,t5. [(!) ] The Zilla Parishad [shall consist ]o[ [such number ] [of seats ][as ][the] ofzilla arishad. Administmtor may by order [dctermine.] ###### (2) Thc seats in thc Z;lla Pnrishad shall be filled by persons chosen by direct [ the] ----- sEc. 1l fHE GAZETIE [Or. 1NDIA ] [EXTSAONDINARY] JJ ###### (jt) The following [persons ] shall [also ][be represented ] [in ][the ][Zi ][a ][Parisbad'] namely:- (a) all the Pramukhs of the [Prnchayat ][Samities;] (6) the Member of ihe Houso of [Parliament representing ] [the ][lJnion] tenitory, who shall have the [right ]to [vote ][in ][the meetings ] [of ][the ] [Zilla ][Parishad"] ###### (z) The provisions 'nl of sub-sections [( ]9, G), 0) [and ] [(8) ][of ][secion ] [I ][I ][shall ][so] ru. '."*Uiiit'iJif.i .r'lir"v ,iSdificaiio,r 'op-pry'io1lr" that Z;it" for Parisha-d'ai rhe words "Giani ttrly annlv f inchayat", to a Gram wherevet theyPanchayat occirr-'ttre words 'Zilla [Parishad" bad ] [been ][substituted'] tncorpota- ###### 146. The [Zilla ] [Parishad ][shatl' ][by the namc ][uotified ] [in ][the ][Official ] [Gazette] tio! of uneer-d"tioo-i-+e, [G ][o iroay ] having [perpetual ][succession ] [alrd ] [conomon] zilla Paris- ###### ;;;i;ff;;;;"i ;; sulti [reiui"tionit ]"o.poiati [ard ] [conuitinirs ] [lmposed bv ][or ][undcr this R€gula'] had, ;i"; ;;;;;fiili.w ioiiGii*" [ueing ] [in ][force ] [have ] [power to ][acquire, ] [hold ] [adminis] i;"";i il";i;;;opeiii. [uitt ][rnovabie and ][irnmovablc ][and enter ][into ][anv ][contract] and shall [by the said ][name ] [sue ] [or ][be ][sued'] Perssns ###### Wl- [(t) ] [Every ][rnember ][of ][the ] [Gram ] [Sabhas ] [constitutiog ] [the ][Zilla ][Parishad] qualifi€d.o .uatt. uote"'aitqualified [utlder ][this ][Regutation ] [or-any-o-ther ] [law ][for ] [the iime ] [being] tot e and b€ ###### i" [l&""-u" ] [q*riieicd ] [to ][vote ][at ][an election ][to ][the ][Zilla ] [Parishad'] elected. (e) Everv member o[ the Gram Sabhas [constituting the ] [Zilla ][Parishad shall'] uor."'?Lqiutiii"J'iii,Jii [,riii ][Rcgutation.or ] [any ][orher ][laly ][for ][the ][dce ] [being ][in] i*i,., G d,j.tiifua [to ][be ][clected ] [to ][the ][Zilla ][Parishad'] Disqualifics. ###### lrls.NopersonshallbeamemberofaZillaParishador;continueassuchifhe- tiotr, fdl has fbiled to [pav ][any ] [tax, fce ][or othcr ][sum ] [duc ][to ][the-Zila ] [Parishadwith-] i" trt).i JonG-i-rn it 6 [JuG ] [onor ][before ][which ][such ][tax, ][fee ][or ][other ] [sum ] [is] reqttitEC [to ][be ]Paid: [or] ###### (6) bokls any salaried office or [place ] of [profit ][unrier ] [a ][Gram ][Sabha,] panchiyat Samiti br the Zilla Parishad; or ###### {c) has direttlv [or ][indirectly ] [any shate ][or ][monetary interest ][i.n- ] [any ][work] d.*'l'v ;;.io;ilZlita [iarishad ] [or in ][lnv ][contract or ][employmeotwitt ] [or under] oi tv 6r on bebalf of [the ][Zilla ][Parishad; ] [or] (d) is a servant of the Governmetrt [or ][any ][municipality; ] [or] (e) has been dismissed [from ] [the service ] [of ][the ] [G ][overnment ] [or ][a ][muJri€ipaiity] for misconduct ; [or] (fl has been ordered to give security for [good ]behaviour [under ] [sectioo ][109] 2 ott974. or lib'of the [Code ] [of ][Criminal ][Procedure, 1973; ][or] ###### (s) has been convicted by a criminal court of any [offcnce ][involving ] [violence] "r and [*Xrja ]a [period ][i,iplrtJ" ][of five ][and ][ycars ][ii"Gnieo ][hare not ][to ][imprisonroent ][olapsed ] [srnce ][!loi. ][tus release; ][not less ][than three ][or] [months] (l) has not attained the [age ][of ][21 ])€als; [ol] (i) is of unsound [nrind ][and ][has been so ][declared ][by ] [a ][compet€at ] [court; ][or] (i) has been declared [by ][a ][competent ][court ] [as an ][insolvent: ] [or] (k) has been disqualified uncler any law relating [to ][elections ] [for ][the time] t*i"i-ii fiil-i* "a 6iit e [u ][corrupt ][practice ][or ][forlommission ][ or] [of ][an ][election] ----- 34 InE GAZETTE OF INDIA Ex'It |AORDINARY lP^nr U- D€cisious on qu€stioDs as .. l!2. [If ][any-question.arises ] [as ][to ][whethet ] [a person ] [has become ] [subject ] [to ][any] ###### to disqua- disqualification refened to in section 4, section 7 br secrion t48 it shall 6e refenei lificatio!, to the Chief Secretary of the Union territory for decision and his decision thereon t shall be final: ###### iro"ided that before giving any decision on any such quesrion, the Chief Se$etary shall obtain the opinion of ttre Elebtion Commlssion andl shall ast accordins ###### to such opiuion. Elpction of I50. (r) On the constitrrion of the Zilla Parishad for the first time und€r Adhyaksha ' this Regulation or on rhe expiry of the tefin of the Zilla Parishad or on its reconstitu- tion, a meeting shall be called on a date fired by rhe Deputy Ccmmissioner for the election of rhe Adhyaksha and the Up-adhyakiha. ###### . .(3) [The ] [Deputy ][Commissioner ] [shall ][preside ] [at ][such ] [meeting ][but ] [not ][have] tne flght to vote. ###### _ [(f) ] [NC ]_business [other than the ][election ][of ][the ][Adhyaksha ] [and ][the ][Up-] adhyaksha shall be transacted at such meetjng. ###### . -(4) [In ][cgse ][of ][equality ] [ofvotes, ] [rhe ] [result of ][the election ] [shall ][be ][decided ][by] lots drawn in the presence of tlre Deputy Cotrunissioner in sush mannef as he mai detefmine. ###### (5) The Adhyaksha and the Up.adhyaksha of the Zilla parishad shall be elected, by_. and from amongst i.ts electcd members in the first woek of April every ,vear [for ][the duration ] [of ][that financial ] [year.] ###### (6) The office of the Adhyaksha for rhe firsi and third year of the Zilla Parisha:l shali be reserved for awomen and for the iifth year in favour of a rnember, ###### if any. belonging to the Scheduled Tribes: Provided that each tine when there is a change of Adhyaksha an electiorr shall be hgld !o eled the Adhyaksha belonging to the parricular cltegory in the mannef provided under this section. Adhyaksha 151. The executilr [powofs ] of the Zilla Parishad under this Reeulafion and to ttve.be ex€orr- the responsibiity for the due fulfilment of the duties imposed on the Zilla [parishad] under this Regnlation and for carrying out the resoluiions of the Zilla [parisbad] shall vest in the Adhyaksha. DqratioB of f!2. (r) The Zjlla Parishad. unless sooncr dissolved uncler any taw for the Zilla Pari. shad. time being in force. shall continue for five years from the date appoint'cd for its first me!-ting and no longer. ###### (:) An election to constitute the Zilla Parishad shall be completed:- (a) before the expiry of its duration specified in sub-section (r); (b) before the expiry of a pcriod of six months from tlle date of its dissolution: Provided that where the remainder of the period for which the dissolved ###### Zilla Parisbad wouid have continued in less rhin six months. it shall not be necessary to hold any election under this sub-secljon for constitutins the Zilla Parishad. ###### (t) The Zila Parishad constituted upon the dissolution of a Zilla parishad before the expiration of its duration shall continue c)nly for the remainder of the period for which the dissolved Zilla Parisbad woulC have continued under sub- section [(1) ]had it not been so dissolved. ----- SEc. ll .fI{E CAZETTE OF INDIA EXTR,{ORDINARY 1( ###### (a-) No member who has rtot taken such oath shall yote or take pari in the proceeding_s of any meeting nor shall he be included a, a menot"i of ani;;fimlttee consritured by rtie Zilia [-parishad.] ###### . [t.SC. ][(r) ] [Any ] [member ] [of ][the ] [Zilla ][parishad ]may resiqn his office bv eivins ResiLlation oo_3ice ln writing to thar effect to the Adhyaksha, and suchiesignatjon sblaf taki oI ourco. effect from the?are of its rcceipt by rhe Adhyaisira. [- ] - ###### . .. [(2.1 ] [The Up-adhyaksha may ] [resign ] [his ][office ] by [giving ] ootice inwriting ro the Adhyaksha, but ihe reiignation shall ;ot mke effecf r"il it'is accipted by rfie Zlla Parishad. Lommrssloner ^^_ [Ji]-, ][A-dAytFha ]but ttre [may ]resjgnation shall [resign ] [his ][office ]not [t'y ]take [_giving ]effect [norice ]uttil [inwriting ]in is accepted [to ][the ]by [Deputy]fum-. -_^. seat rn the o'Irce [,,1:,5 ]ot upadly_aksha Zilla -{ny^calqal Parisbad for vacancy sball the remainder be in iiucd rhe office of in the ol the duratiou case the of Adhyaksha, Upadhyaksha a se:at of of the a Zilb zilla pafishad parishad or or andthea Cis|talvaclutcy. 11j19,!ut" 9!4.dlyakshr [for ] [rhe ] [remaindcr ][ofthe ][penod ] [ofhis term ] [by ][election in] accordance wlth the provjsions of this Regulutlon: Provided that in case of a seat or office of the Adhyaksha reserved. for women or Scbeduled. Tribes no person othdr than awoman or a memGiof tne Scheduled I flbes shau be qualified to be chosen to fill such vacancy, ###### _... *15q._ [(r) ] [A ][motion ] [of ][no-confidence ] [may ][te ][moved ][by ]any member of a Motions of ij^[11""1:hld [against ][thc.Adtryaksha ] [or ][tbe ][Upa'dhyaksha ] [aftii ] [gi"iog ] [,u"n'noti"e] Eo.confideoco tnereot as may be prescribed. ###### (z). if the molion is carried by a majority of not less than two lnrros or rne totat number of members of the Zilla parishad. the -Aota'ih-"iAdhvaksha ###### or the Upadhyaksha, as rhe case may be, shall altet a perlod of three days from the dats on which the "C"ri'-'to motion is carried u ess he has resigned earlier. .,, , iJl [Notwithstanding ] . [anything ] [conlained ] [in ] [this ] [regulation, ] [the] ."^lJ^1*rol or rhe. Up-adhyalisha shall not preside over a meetilg in [-which] morron .or no-co-trtrdence ts 4iscusred against him. but he shall hive a rieht ###### ro speaK or otherwrse take part in the proc€edings of such meetlng. - . . [157:. ] . [(I), ][An ][Officer ][of ][the ][rank ] [of ][the ]Deputy Commissiouer shall Staff of be tbe chief Executive orficer of the Zi[a parishid'wii" ilau 6i i pr]"ii,i"i Zilla Pari- ###### by the Administrator. shad. ^_ [(z)- The ][Administrator ][may ][appoiut ] [an ][Additional ] [Chief ] [Executive] Offcer for the Zilla Parishad on iu-ch terms and condtloos as may b€ prescribed. ###### . [(3)^Jh:] Admi.nistrator shall aiso appoint a Chief Accounts Officer ang a unlet Planning Ofrcer for each 2itta parisnaO. _ . . !4 [The ][covernm€fi ][shall ] [post_ ][from tims ]to time in every Zilla Parishad such number of Officers i,f Group [.A; ]ana tj;-services 6f tle Andaman to such service and Nicobar fronr amongst penons Adminjsrrarion (iniluiing ['eoployei ];;y Ui tf. ffi-cers appornted- fff authority) and. officers of an AII ftdia Servi;; ,ill"dit tJ'serve "iisiiid under rle ###### Andaman and Nicobar Adnninistration as the Attminisaator considerg necessary. ###### ^.'_g).,,*3:yi$l""3,j1-e [f:l$ile ] [contained ][id ][this ][Resulation ] [or ][any] RIAT-- [t"y_ ] [to_r^, ][q. ] [u-." ][.being ][i9 ]{orc-e lhe [Administratd'r ][or ][any ]o&ei ###### ultrcer or other-_ autionty authorised by bim in this behali shalt hare power to elfect traosfer of the_ ofrceri anA omciAs--io posted from ----- 36 1TTE CAZETTE OF INDIA IXTRAORDINARY lP.{Rr II- ###### pu.irt? *" #i*fiJt';f1"1,ffi, [constitute such ][servjces ]ror the zitla FuDctioru Ctiofof tho oyrlff; [(d" ][t3il:rt-":*flJffm$o'iillt*orovided ] [bv ].or [unrrer ][oris] Elecutive ofiic€r and ottrs $f8cer. ###### "nc.rr#)o"KJry"1.lT,.J"Ji:hs, developmental"f.ro or*ti3t lii" [-and ]tff9Jo.uixecution [directions ] [of ][the ]of [zilla ]all works [Parirhad]and R"*i%"$'"*'if ,tli,".o"'l'iu'Tft',i:*."0J;l"o',1,"lluJrunderthis :i""%'::'* {c) control the *?ff Ofhcers "?H;#1 and servanrs [-;;;.; ]of the [;;,-ij'"" ]Zilla [;;6;;i,;-"i;',i]parishad subiect uto" of all papers and documenls to rhe 'elating "Sro"X"t,t;:u*odt as ",09"".*,*',,#."tiilJ1.".#.J'nu*i#1.,j*,#."1f:ioil".*x:may be prescribed. 3T".5,-)t,.{: [j$:*!i."-{ii:,"*Tt"..xlJ*ej:,:,4" ] [j"TillHii"'".if ] dl: p"e"i:fl ,i?*l':dill",ii'"ii,rff ot or inconsistant wirb- lrovisions F?",JT;tLi*,r:*il;:;",:l"il:.oI rhi! Regulatio[ or anv -itre ffi ",,#y,;T*" [j;""*f;i,,#".iu,ir;*l-11f, ][,..il,nii.,i.Ti,.iiiiy.,"",u ] [jiil] (r) Thc Chief Accounts -OfEcer [shalt ][advise ] [the ][Zilla ][parishad ] [in] ###### o acccurts "T"fi ['"';:"ll?1"#&?':tfi ]and th€ budgct. [l.;:$,'"T',.,,'Jf ]' -'--" [H$J:jr"*l,,x.'S'*#]5 r,'vvar 4 ture il{i'.$:ffi:;;'+iti.tlwfi Dot, warranted by ttiis I [i"ill.{."i"t#rh,:*ril,','"tfu tl, no provision i, roo6 io'-ttri("tf,ll!$l [* ] [rules ] [anc ][bve-larvs ] [or ]lir ['whicir] E,u"ofi} the chier te#i'f ifl il,'lj,,Xl,"S'';; ,ff':::,,",1n",' [assist ] *",,",f)of;'?ntlifl*I?X,l"lg., [offi.ccr. ] [stall ][acvjse ]-rl':e [Zilla ][Parishad ] in ro.rm.urarLqr'and shru il-,;,ii"i.:?iij: ?:,'."1|,"i:llh,.l"',,.Tj,,111,,T. ###### ot the Zlla Parishad includir f,#ll "'ent [.nd ][socia'r- ][ju1t,"?"1-,ijt ][,'ff"j*?il11":, ] ["1nf'"!l;:?:o'ni" ] [fi"c-r-opl] Right to I€quisiiion n*o.Lu/;.,1,i]",ffH l&;-'iL::r^::ion [or morevs' ] [accouDh' ][records ] [or ] [orher] !q.:,Jads. ,Hx;"J,'*ii:if ###### ,*,?di:3"#::,?!i,i,_1,ifl i.*jffi rff ilitf+ff l,i:ii $*ii?;,iiilf [.1;;;ff ][ii,r;'oTi;.T,1"J';113"'T1,ffi ] [;'#'f ][":i:",.Tjilltf ]['l;] *."rlli::LT,:lf [lf ][ti;":iH,"fl;H# ] [iif ][ff ][j:5i,.j.&,"T,."T:,|T,"?",fli*i] lssus fl:fi delaulters: perta,nrng i,{tl{if: a s:arclr to ancl the warraa!*1i"i1", for Gran the purposc aud exertise[+,?.i# ]panchayat o-r,pdnoUuy.t [^,Lltr:"*;ti ]or rec^overtris ttrc illq*:,,1* ;"fi+i;;#.r:irtr srriti'oi ZiU:" *n-:#",f; iro"o.y"t orher property!s}$"y ----- Snc, 1l MIE GAZATTE OF INDIA [EXTNAORDINAI{Y] JT Meelings of ###### 160. ir) The iim6 [Bnd place ][of ][meeting ] [of ][the ][zilla ] [Parishad ] [and ][the] zilla Pris- pro.edure ti'be followed at suih meetings shall be stch [as ] [may ][be ][prescribed'] had. ###### (a) A mernber ol the Zilla Parishad rnay, at any rneeting, mcve any [tcsolu--] tion an<l nut [questions ]to [the ][Adhyaksha or ][the Up-adhyaksha on ][mAtters ] [connected] ###### with thc'adrninishation of the Zilla Parishad [in ][the ][manner ][prescribed.] { r} No resolution of tlle Zilla [Parishad shall ] [be ][modified, ] [amended, varied ] [or] .aoceliid by the Ziita Parishad [within ] [a period ][of ][three montbs ] [from ][lhe ][date ][of] passing theieof except by a resolution supportcd by [two ] [thirds ] of [thc ][total ] [number] of members of lhe Zilla Psrishad. Statrding ###### 161. (r) Subject io [such ] contlol [and restrictjons ] [as ][may ] [be ][prescriH' ] [tbe] Cos|'Dittee, Zilla Parishad may irppoint [standing ][committees ] [for ] [exercising such ] [of ][its ][powers] an<l diseharging suobof [jts ]duties [and ] [functions ] [as ][il ][rlay ][specify.] ###### (.?) A. committee shall consist of uot rnole than five members and may be dissolved or reconstituted [for ] [such reagons ] [ond ][il ][such ] [manner ] [as ][may ] [be ][prescribed.] ###### 162, No act or [proceedings ] of the [Zilla ] [Parishad ] [or of ][any standing ] [commit'] nca tD?rcc€edings tee thereof shatl be deerned to be invalid [by reason ][only ] [of ][the ][existence ][of ][any'] rlr'ld. vacancy or defecl in the constitulion of the [Zilla ][Parishad ] [or ][the ] [committee ][or ][of] any infirmity in its [procc:dings.'] ###### 163. {r) The Zilla Parishad [s]rall ][have such ] [porers ][and ][authority ][as ][the] Dutie6 funclicns.a1ld Adminisrrator may, by order, [sPecifv. ][so ] [as ][to ][cnal'le ][it ][to ][functjon ] [as ][an ][institu-] ###### tion of self [govetirment ] [rvitti ] respeCt to [the pleparatiotr of plans ][fbr ] [economic] development-and [social ] iustice aid [the ][implementaricn ] [of ][schemes ][for ][economic] develoiment and social [jlsdce ][in relation to ][the matters listed ] [in the sixth ][Schedule.] ###### (z)'Ihe Zilla Parishad may also r,rake [provi:ioa- ] for carrying out within [rhe] area of the district any other work or [measure ][which is likely ] [to ][promote ] [the-] health. safety, educatioir, confort, [conYedence ] [or ][social or ][economic ] [well ][being ][of] the res;dents of the Cisttict. ###### lM. {tJ ['lhe ]Zilla Palishad [in ][respect ][of ][all ][roads, strests, bridges, eulverts] CorltR'l of Zille Pli- end othcr oicpcities [placed ]bv [thc Admi&istrator ] [under ] [sub-sectiorr ] [(r) ][of ][section] 6had orl 169 under its d'irection, r::ranhgiment and [cont'rol, may ] [do ][all ][things ][necessary ][lor ][the] cer.lio maintenance a d repair tbereol', and in [particulnr, ] [may*] ProFerlies. ###### (a) widen, opcn, enlarge, or otherwise improve any such [road, bridge ][or] culvert and [plant ][and ] [preserve ][irees on the ] [sides ][of ][such ] [roads;] ###### (b) deepeo or .rtherwjse intprovc any \Jv-aler-coulse and otber property mentioned in [clauss ][(c) of ][sub-secrion ] [(r) ][of ][;eution ][169; and] ###### (c) cut any hedge or branch of any trec [projecting ]on any [such public] road or strr'et, ###### (a) The Zilla P:rishad shall also have control of all roads, streets. waterways, bridses nnd culyerts {\\'lich [are ] [situated ] within [its ][jurisdicticn, ] [not ] [being priva'e] ###### propir'y or the property for thE.fime being urd€r the contiol of the Government) and may do all [things ][necessary ] [for ][the improvement, ] [maintenance] and repait thereof and in [panicular ma-v-] ###### (rr) lay out and make new roads' and (r) construc new bridges and culverts. Tral'sfer of ###### 165. The Administtator, [may ][entfust ] [to ][the ][Zjlla ][Parishad' tlre ] [execution] any {lorL maintenaftre or [repair ] [of ][aoy ][work ][or ][tbe management ] [of ][any ][institution ] [on ][behalf] oa of rhe Government or [any local ] [aurhorily:] iqstitution to the Zilla Pdrishad. Provided that lhe funds [oecessary][ i'dr the][ execution,][ maiutenance][ or repair] of ###### r ----- 38 THE GAZE'TTB OF INDIA EJTERAOR.DINARY IPART [If,--] Erecutios of -. [!66. ] [Evsry ] [contr&ct ] [or ][agre€ment ] [enrercd ][jntobyaA ] [a ][parislrad shall ] tx [ia] cootractS. writjng and shau be signed by the Aclhyaksha and by two other members of rhe Zilla Parishad and sealid witi the comion seal of tfe Zitta paristrad, Constitutioa 167. A. fund to be caled 'The Andaman and Nicobar Islands Zilla parisbad Fund'-hcreir,after referrod to as 'The Zilla [parishad ] Fr.rnd, shall be constitutsd for Prrishad. dediting th'., follorving monies by or on behalf of the Zlla parishad and also for ###### withdrawil of such monies therefrom, namely :- (t) the proceeds of any rax or fee imposed by or under sectioa i70; irr) [tbe ] [contributions ] [made ] [by the ]Goveromenr or auy local authority or per30n; ###### (ia) a! sugu ordored by any authorily or court to be credited to th6 Zi[a Parishad Fund; {iy) [the income ][from ][securities ] [inwhich ] ths Zi[a [parishad ] Fund is invested, iv) [all ][suras rcceived by ][rvay ] of loans or gift.s; _ . [(vi)- ][the ][income ] [derived ][from ] [l'isheries ] [under ][the maoagement ] [of ][the ][Zilia] Pari:had; ###### (yit) the insome lrom or proceeds of any property of the Zilla parishad; - [(y,1, ] [.sums ][assigned ] [to ][the ][Zilla ][parishad ] [Fund. ] [b1. ][ary ][general ] [or ][special] order of the Covernmelt ; ###### _(r*) [a1l ] [sums received ] [in_ ][aid of ][or ][for ] [expenditure ] [on ][any ][institution ] or serdce, maintained or finaaced from the Z'lla [parishad ] Fund or'managed by the ###### Zilla Parishad. o (r) grants-in-aid liom the Consolidated Fund cf Iodia- Gr?,n.ts. 168. The Admiaistrator may, subject to such coaditions as he may d8sm fit. gakg [gxants ]tD the.4illa Par.ishad for [general ] purpoxs or for the improvernent of the district and the lvell'afe of the residents therein. Proilffties 159. (:) The Administralor.. may, ilf fe deems.fit plqce all or any of the verted irt p{gp{ties of thc qatuie spgcifigd below arrd situatsd ivithin the jurisdictio'n oi ihi tbt Zilla Zr[a [pansn$d ] undor tn6 duectron, management and contro! of the Zilla pal.isbad P;rishad. namoly:- ###### (a) _ [open ] [sites, ] [I'acant ][and ] [grazif,g ][iaad:. ] [not ] [beitrg ][pdvate property, ] ald rivor bods; ta- (6) public roads and str€ets; ^ [(c) ] [pub.]ic ] [cbannels,^ ] [watercourieq wells, ] [p_onds, ] [tanks ][(except ] [irrigation] tao(s uncer Bre cotruot OI r[e [(,oveflmcft), ]publc spnngs, reservoirs. ciiternS. a queducrs and any adilfnt ia:$ [(rtpt ]beiog privaie prop€r$ appertaininlG ###### ant [puD[c ]unKs or [ponos; ] aoo laoos appfftanng tbefeto: e,_,ryb1:-::y^*ldrain:, [drainago ] [rvorks ] [tunnets ] [and ][cuiverts ] [and ][things] appertaiorng thereto and otbct cc$ervancy wofks. (e) _ seW.erage.nrbbish and offensive matters deposited on stteets or collected by ths [panchcyar ] trotn [srFee.ts, ]tatnnes, ufrnats, soWers, cesSpools and other placcs; and ----- ###### Src. lj TIIE GAZETTE OT' INDIA SXTRAORDINABY 39 {:) [All mark*s ][and ][i"airs ] [or ][such ][portion ][iher€of ][as are ] [held upon ] [public land] sbdl be managed and regulated by the Ziila Parishad and all dues levicd or imposed ###### in respec'. thereof shall be crcdited io the Zilta Parishad Fund. - I70. (.r) The Zilla Parishad shail lsy), collett, assess and appropriate the Ta,\es sticb following texes, duties, tolls, cess and fees in accordance rvith the [procedure ]and mnY b€ subject lo such limits as may be prcscribed, namely:- imPcsed. ###### (c) tax on lands ard buildings within irs local limits; (D) tax on professions, trades, callings and cmployments carrjed on or held wiihin the local limits of ia [jurisdictiot ] on the basis of the total annual income accrued fron such professions, trades, callings and employments. ###### (2) Subject to sucb rules as may be mnde ir this behalf the Zilla Parishad shatl levl'- ###### (a) on all transiks of immovable property situated within th.e local limits of the village a duty in the shape of an additional stamp duty; and (b) a duty in the shape of an additional stamp duty on all payments for admission to asy enfertainrdent. ###### gt) Subject to such maximum rates and the Administtator may prescribe' the Zilla Parishad may levy the follcwing fees, cess and rates, na ely:- (a) fees on tho registration ol vehicles; (b) fees for providicg sanitary an"argelrsnts at such plac'es ofworship or pilgrimage, fairs and meab withjn its jurisdiction; ###### (c) cess on education; (d) water rate, where a(angement for the supply of water for drinkiog, irrigation or any other purpose is made by the Zilla Parishad within its [jurisdic-] Iron; ###### (?) lighting rate, wh6re affangeaent for lighring of public stre€ts and places is made by rhe Zilla Parishad within ;ts jurisdiction; ###### (f) conservancy rate, where arrangement for clearing. private latrine:. urinais and cesspool compounds aitached to dweliing areai is made hy the ###### Ziila Parishad within its [jurisdiction.] l7l. Any peroon aggrieved by llre assessment, levy or imposition of any tax AppeJ or fee under section 128 or 170 may appeal to the Depuiy Commissioner within ag-inst lew oftax etc. ###### tbilf days of the date of the order imposing such tax or fee. 172. The Deputy Comnrissroner may, by notif ication i the OlTicial Gazetle S'i$;: ensioo cf lrry suspend the levy or lmposition of any tax or fee under se'ction 128 or 170 and may tax ct tec.-of at a$y time in like manner rescind such sus;rnsion. ###### 173. It shall be lawful ,"ol the Zilla Parishad to lease by public auction or l.€ase of prjvate contrsct the collection of aay fee on markets and bazars if any such fee is markets etc. impcsed under section 170: Provided that a lessee give security for the due fulfilment ofthe conditions "hall of the lease or contract. R ec.v€ry of ###### 174. (r) When any tax or fee or other sum due to the Zilla Parishad has taxc$ and become payablq the Zjlla Parishad shail. wit! the least practicable dela:y', cause to be other du€s. sent to thd person liable for the paymetrt thereof, a demard notice in the prescribed forrn for the amount due frorn him and require him to pay the amountwiihin thirty ----- ,10 .TNE OAZETTE OF INDIA I'(IRAORDINARY lPrer E- ###### (3) Ifthe sum forwhich a notice ofdemand has bssn serr'€d is not paidwiihin thirty days from the date of such notice, the Zilla Parishad may apply to the Tehsildar concerned for its iecovery as arrea.s of land revenue. Accounts. 173, Every ZlllaParishad shall maintaiu accoults ofits receipts and expandi- ture in such form as may be prescribed. Budget. 176, {r) Er,ery Zilla Parishad shall" at such time and in such manner as may be prescribed, prepare in each financial year a budget of its estimated receipts and disburssments for the foilcwing year and submit it t(, the Adrninistrator. ###### (a) The Adnrinistrator mr-"v" within such period as may be prescribed, either approve the budger or r!'turn it to the Ziila Parishad for such modifications as he may direct. ###### (3) If any modifications are made under sub-secticn (.a), the budger shsll bo resubmitted within such period as may be specified. ###### (4) No expenditure shall'be incured uoless the budgel is approved by the Adninistrator. AuCia. 177. (r) The accounts of every'Zitla Perishad ihail be audited annr:ally in such manner as may be prcscribed. ###### (.a) The audit shall be carried out by the Deputy Comm.issioner or such oth!'r officer as the Chief Secretary of the Union te itory may appoint in this behalf, ard the Deputy Conrmissioner cr such other o{ficer shall" within orc nonth of the completion of the audit, forrvard copies of the audit re.pon to the Chief Secretary and the Zilla Parishad. ###### (t) The Chief Secretary of the Union territory may at'ter considering the report and after making such further enquiry as he may consider necessary, diiallow an!'item which app€ars to him contrary to law and surcharge the same on the person making or auihorising the illegal payment. and shall- ###### (a) if such person is a member ot'the Zilla Parishad, proceed againsiffi in the manner specified in sub-sccticn (:) and (f) of section l8i; and [-] (b) if such person is not a member ofthe Zilla Parishad. obtain the explaoa- tion ofthe person and direct such person to pay to the Zilla Parishad rhe amount surcharged within a specified period; and if rhe amount if not paid within the specified period, the Chief Secrttary of the Un'on territory shall cause it to bs ,recorered [as ][the arrears ] [of ][iand revenue and credit ] [it ][to ][the ][Zilla ][Parishad ] [Fund.] ###### .(c) [Any ][person ][aggriwed ] [by an ][order or ][the ][Chief ][Secretary ][ofth ]fJ[- territory under sub-section (j) may, within thirty days of the date of the order, pref'er ar appeal to tbe Administrator whose decision on such appeal shall be Ilnat. Admioistr*-tion repgrt, thc Union " --178. territofy, [(r) ][The ]a [Zilla ]repoft [Parishad shall ]on the admitistration of [submit annually ]the [to ][the ]Zilla [Chief ]Parishad [Secretary ]foithe[of] previous year. ###### . . [(r)...T[e ][rgpor! ][slaq ][be prrpar.ed by the ] [Adhyaksha ] [ard ][after ][it ][is ][ap;roved] by the Zilla Parisbad, it shall be forwarded to the Chief Secretarv of lbe- Lrnjon territory with a copy of the resolstion of the Zilla Parishad thereon. Pow€r callfor topro- 179. The Adninistrator or any other officer appointed by hio in this behaf shall have pcwer- aeedirg$ ote. ###### (a) to c*ll for- . .(i) [any-exfract ] [from_ ] [rhe ][proceedings ] [of ][the ][Zilla. parishad ] [or ][any] books, records, correspondencc or documenls in the possession or under tle ----- 4.1 SEc. 1l TIIE GArytTE [OT. ][INDIA ] [EXTRAOMINAAY] ###### (6) to require a Zilta Patishad to [take ] [into ][considsration-] {i) anv obiectron [which ]aDpears [to ][the ][Admi4istrator ] [or ][any ][other] oni iij o,iitl'.ifi-ti [itim ] [i'n ][tdii ][teuar ][to ][exist ] [dui ] Lo,tha [doins ]-of [anv] ###### ;6ffi\"1i;fi;b.in [to ][be ][or ][is ][beins done ] [bv the ][ztla ][Parishsd' ][or] - (tt) anv information which thc Ad,midstrator o1 any [othg ] [gfficer] authiifsed tiv him in -tttiie [this ] [behalf ] [is ][able ] [to ][furnish ] [and to.nec€ssitoh ] [tnc] ###### d;il;; Art"il W [tue ][Ziila ][Patishad and ] [requiring ][it ][to ][make] writtin reolv to himwidfun [a reasonable ][time, ][statiug its ][reasoos ] [lrom ][not] dcsisting fi6m doing [such ][things.] ###### lbfaqt itl 180. If, at any time. [it ][appoars ] [to ][the Administrator ] [or.any ][oiher officer] Dadotornoo ofduty in ###### ""n"iniua [W ][Lim in ][init ][Uenaf ][t'nit ][a ][Zilla ] [Parishad ] [has ][mad€wiful ] [and.persiste.nr] Zilla Pdris- ;fJriiil# p.;iil;; [o-r ][aniauiv ] [imposcd on ][it ][bv this ][Regutation, ] [lre ][nav ][bv] had. Iiair i'i-wiiii". fix a oeriod r<ir thi [p#otmance ] [of ][ihat duty.-If ][th9-.dutv ] [is not] #i;r;;;i'tiilii;;H'i;A;tiii"d" [tfli ][Aaminisuator or ][anv ] [6ther offioer ][appoin'] i.ii'ilhililttiir d;f,"ii [may ] [tptoiit ][anv ][porson ] [to ][perform ] [it' ][and ] [dhect that tbe] ;;;"#;"f th;;tf;t-"t*'"rtti" [diiiiit{aft ] [be ][paid ] [6vthe ][dofeulting ][zlla ][Pathhad] iliiil:r;;i;J;i'iitt'" AoJ'i"i'triit; [;;i ][oi[;; orfi*. ][appointed bv ][him ][iu ][this] behalf may [-think ]fit. sufpcleiotr ###### l8l. (t) If, [in ][the ][op;trion of ][the ][Administrator ][or ][any office.r.appointed.by] ofFf,ooutioa nim in itrls &fralf, ine [erecition ][oiany ][order ][or ][resolution ] [of ][the ] [Zilla ][Parishad ] [or] oford€r o[ ###### iii,i'a"liil'l,riiytriiill'wniiriiiar"irii6oi [G ][reing ][aooe ][uy or.on behalf ][ofthe Zilla] reRolutiot irititiit-ir' ^tiiiitiriuipiiE *tii"g dr oi [likely to ]iJorir*rul [cause ]he miv. [iniury ]6v [ot ]order [an-noyaoge-to ]iiwtiting. [tho ]suspend [public.or ]tho executibu[lead ][tq ][I] of Zilta slad. Pari- or [prohibit ]the [doing ][thereof.] ###### (r) Whan the Administrator or aoy other [Officer ][appoint'ed ] [bv ][him ] [makes] ff..;d;;-.6; - [oni# ][uoiu'-;otili;i;th; ]litt-,i [;hii ][riiin*i?l'.e"i ] [ii1[6 ] [Zitla P"'iinad ar"cted] "iaet'i6gcthiiwirh [i ][statement ] [of ][the ][reasons ] [for ][making ][ii'] (r) Thereafter the Administrator or such other officer [as. ] [so ][4u1!oris4 ] [b.y] tim,i'"1v, ;f#;tfifi;il;iil; tire ziua i*i'to0 [as ][he ][deoms ] [fit' ] [rcscind'] modify or confirm [the ][order.] ###### 182. (r) Every [menober ] [of ][the ] [Zilla ][Parishad ] [shall ][bc ] [petsonalla li1blq ][{or.] Liability of me6[bc'r fol ###### tt r toilivutE'o. tii#pticatiott [of ][uoi ][moncy ] [or ][other ] [property- ] [of ][the ][zilla ][Parishad] lss, warte ioiviici, ue tas [teen ]i [partv ot ][wui"[ iiat ][6!en ] [caut"a ][or facilit4ted ] [by his ][miscon-] or phappli" duct or wilful [neglect ] [of ][his ][duty ] [as ] [a ][membel amoutrtlng ] [to ][rrauq'] catlon. (e) Ifafter giving the -C[i.t m:nb:t conclrned-a la3sonable [oppoitunity-for ] [showing] i'J tii"lootFiiiiiri. s.itltnv of the union territbry is satisfi€d that the ###### "uo* br oi-oiner [prope.rtv ]bf [the ] [Zilla ] [Parishad] ilil#6;;i;#;udi"' i;;'di*;i;;*q;tb of m;scondrici-or 'iii-'*i'"v [*iful ] [neglec't ] [ori the ] [p-a.rt ][of ][such ] [member'] ii"iil;:;;"#.i"'i;i.riiLi' [a-li.Jii'iu ] [memuer ] [t-o ][pav ][to ][the-Z-illa ] [Parishad ] [before] u li*"a'ait". [the ][amount ] [iequired ][to ][be reimbursed ][[o ][it ][for ] [such loss' ] [waste ][or] misapplication: Provided that [no ][such ] [oriler ] [shall ] [be made ] [for ] [bonafide or ][technical ] [irregulari-] ties or mistakes of [a ][member.] ###### (r)If theamountis'o"i3?*,1"0:":o:$ftrYi"J,f.'iH"H#-"f, ii?i:f.l shall riCover [it ][as ][an ][arrear ] [oflanc] ###### (a) An order of the Chief Sccretary ofthe [Uolon territory.shall ] [bc-subioct ] [to ][&n] "o*oi% [tG'idii"#;* ][iiil;,G-;;ii,io ] [iuirty ary.orthe-darc,of ] necessarvand[the order ][and] :#*".-"T'xfi :'$iffi ir.**tix*t::g;r'*fr [:'"lffi ] Di$olution ###### 183. [(r) ]If in the [opinion ][of ][the ][Aitministrator' ] [the ][Zlla ][ParishBd-] of Zile Pafl8b.d, ###### (a) orceeds or abuses [its ]Powers; [or] ----- THE GAZEI-TE, OF L\DIA EXIRAORDINARY lP.ur [fI--:-] ###### (c). fails to lerry the taxes leviable ulder this Regulation; or (d) pcrsistently disobeys the order madc under sutFscction (:) of section l8l, ths Adrninistrator msy, by ord€r [published ]in the Official Carettc, diss-olye rhc Zilla Parishad and direct that it shall be recolstituted in the manter ordvided in this Regulation. ###### (3) No order undet sub-secion (r) shall be passed u ithout giving tc thc Zilla Parishad a reasonable opportunily to render an explanation. ###### Q) [lf ][a ][Zilla ][Parishad ] [is ][dissohed under ] [sub-secrion ] [(l) ][rhe ][followiflg] Qonsequ€nc€s [shall ] ensue, namely:- ###### (a) all the memb€rs of the Zilla Farishad shall, from the date specified in the ord€r, cease to bo members; ###### (6) all powers and duties of the Zilla Parishad shall, daring the period of dissoirition oi the Zilla Perishad, be exercixd arrd perfornied by iuch penon or porsons appoi ted by the Administiator in this bchalf;. ###### (c) The standing comrniitess ofthe Zilla Parishad shall be deemed to have been dissolved and all thc members of the Zilla Padshad sball vacate offic€ as from lhe date of ils dissolufion, [.--] ###### (4) An elcction to reconstltute a Zilla Parishad after such dissclution, shall be completed before thc expiry of a period of $ix months from the date ofits dissolu- $on. I)el eg:$on 184. (r) The adninistrator nny, by notificarion in the O{Iici&l Gazette, of po\tt , delegate to any officer of authority or autiorily subordinatn, to him, any of the powers conferred on him or any olTicer subordinatc to him by ihis Regulation, other ###### tfian the [power ] to nake rules, to be excrcjsable. subject to such restrictions and conditions as may be specitied in the *otification. ###### {a) [The ][Administrator ] [may ][by notification ] [in ][the ][Offici:rl ] Cazette [authorise] the Chi6f Erecutive O{Ticer to cxctcisc subiect to such restrictions and conditio's as may be specified ifl the notification all or an) of rhe powers exercisable by and to peffonn the functions of the Deputy Commissioncr under lhis Regulation. CHAPTER XII [,] ###### ELrctIorr Couatt6sloN -.rND FIN.{NoE Couvlsslox Elcr*licn 185. (r) The President may appoint an Flec{ion Cqmnrission consisting of Commilsion. an Election Commissioner in rvhom the superintendenc€, direction and control of the preparation of cleciroal rolls for and the conduct of all elections of the Gram Panchayats, P€nchayat Samities and the Zilla Parislrad in the Union territory of Andaman and Nicobar lslands shall l-'e vcstcd. ###### (z) Strbject to the provisious of any iarv thc conditions of service and the tcnure of office of the Election Conln.issicn shail bc such as the President mav bv ###### by rulc determine: hovided thzrt the Electian Commissioner shall not te removed from his office except in a liftc manner and on the like prounds as a Judge of a High Court .snd the conditions of sr:vice of the Election Commissioner shall not be earied to his disadvantage ofter his appointment. ###### G) [The ] [Administrator ][shallwhen ] [so ][rr"quested by ][lhc ] [Election Commissioner] ;naks available to thc Electicn Commissioncr such srafT as mav be necessarv for the dischatge of the functions conferred on tbs Elecr irrn Ccmn:issioner under su6-scction ###### ir). (+) Wjthcut prcjudice ro the prorisior,s of sub-scclion (r), the Presjdent may appoint the Election Commission appointed under sub-seclion (/) for the purposes of ----- ###### 4t b. 1l rI'E GAZETTE [OF INDIA ] [EXTRAORDINARY] Fira{$o ###### 186. [(r) ][Assoon ][as ][may ] [bewithin ] [ono ][year from. ] [the ][c,ommenc€tnent ] [of ][the] Oomioitsio$, Constffioo'tsetcnty+hird [Anin&ent) ] [irct' ][tlSZ ] [and ][thereafier ] [at the ] [elpiration] f#ery ftil l,;i'tri [President nray ][co*titute ][s ][Financ€ Commission ] [to ][review ][thc] il"ii.,ii'"i irliiiiii, [.ii ][it ][e ][tan"t ][ayuii ][and ][to ][make reconrmendarions ] [ro ][th€ ] [Pfesident] ts lo,s (a) the principles [rvhicli ] [should ] [govern'-] (i) the determination [of ][tarer, ] [d!ti€b,. ][tols ][and ] [fees ] [which ] [nay ] [bG] assigii;d to br [appropriatc'd ] [by ][the ][Panchayats;] ###### (ii) the grants-in-lid to [the ][Patichayi{ts ] [from ][the Consolidated Fund] of India: (6) the measures needed [to improvc ][the ][fioancial position of ][the ] [Panchayats;] (c) anv other mattcf,sferfcJ ro the Finarce [commission by ][the ] [Freiident] in thiioter*t of [sound ] [finr:rces ][of ][tbe ][Panchayats'] (zl The Pretideirt may by rulds [provide ] [for ][the- ][compositlon ] [of ][the ] [Comniis-] .ioo, lfii [qiififi*,i"#*-iii.1 ] [tn*i ][be'rcquired ][for ] [tbe appointment ] [of ][nrembers] thereof anil the [m3)ner in which ] [they shall be ][selected'] ###### {a) The Commission [shall ][determine ] [their- ] [procedurc ] [and, ][for ] [such power.; ] [in] th. *'#o.;;;;;il;ii;i;;;;11""; [;; ][the'hesiddnt ][mav ] [bv ][rttles ][confer ][on them'] (4) Without [prejud-ice ] [to ][the ] [piovisions ] [of ][sub-section ] [(r) ][the Financ€ ] [Com-] mission may [also ][rc"t.* ][tn" ][,,,,un"iJi ][foiition ][of ][the.Paflchayats ] [snd MufliciDlities] for such other [Union ] [tertitoles ] [ani' ] [mi[eieco**enaations ] [tb the ][PreEid€nt ] [tegardj] ###### in! matters spccificJ [in ][that ] [sub-ieiliJn] CHAPTER [XIII] ###### Ir'[lsctr'lrrrous ['] Electioo ###### 187. [(r) ] If [the ] [valirlity of ][any ] [eleclion ] [of ][a member ] [of ][a ][Graln ][Panchayat';] retltronS. puo"f,"'v'ut s'i,lriti, iiir" Fiiirhua i.iu" [pradhans ] [is.broughr ] [i'to ] [qu€ltion ] [by anv] Dffson ouaiified [to ][vol€ ] [at ][tnc ][ereition ][to ][which ] [such. ] [quostion relates, ] [sucb ][!€rson-] ###### fr;ffi ;ili;;;tti,'io [fifre"n ] [auvi"lt-eiil" ] [cate ][of th6 ] [dcclaration of thc ][results ][of] iffir"iil;;, ;;;ii'io'irirbir.ri.i [jua-ic in iuch ][form ][as ] [may ] [be ][prescribed ] [for ] [the] determination of [sttch ] [qucstron'] ###### (2) Every [petitirn.:rhall ] [be ][tried ][as ][expeditiou:ty ] [as ] [possible ] [and ][endcavour] shall be ntade to [concludc ][tnt ][tt'ui*ithin ][sii ][months-from ] [lhe dstc ][on ][which ][th€] ###### o"iiiion i.'pt"..nt"tt [to ][the ][Distt':t ] [Jtrdgc'] 1E8. (l) [Save ] [as ][otherwrsd ] [proviiled ] [by ][thir ]\egllation [or ] [by any ][rule ][mad€] Pr'oc4durehe rriog of ['] thereunder, [the ][procedure ]-prou'oJ [in ][ti'" ][Coic ][of Civil procedurc' ][1908' ] [in ][regatd] elechoo Feti- to suits [shall, in ][so ][far.as tuv ] [oJuppiitour", ] [be ][followed in ][the ][heating of ][elFtioq] t!oi6, petitions bY the [District ][Judge: ] ###### . : ProYided [that-] ###### (,).ty9.:sr-p::'.:.'i::t:3*trt:":*g'Si:Hnt?iiffit",Xm: 1t [j ] '. l.r: "*'"Yd';[i""i#;""#"-;-'tii];q;aiuii'iosus.mav.t"tflgat.tl9samerim?''te,Do'uErrrs ana fiffi;i;;';';*ti"6tre,1pet'll9is,-1Y'F-F,ftt"","c;1hgt"i:*I"itrfaoy [two or ][more ] [electio ]*"' [*' ][Pet]liio* *uv be hoatrd together; but sp far-as i consiste [witb ] [such ]Jornt [,ttu' ot'uiuiittg, ] [iu" ][petition ][sh:all be deemed ] [to ][be ] [a] 6plilli--i"titi-t [ae;nst ][eact'' ][rgspondgn! ] I ----- .sl THE GAZETTE OF I}II]DIA EXTRAORDINA'TY IPARr IP ###### (c) the District Judge may, at any stage of tho proceediqgs rgquire ths petitionef to give sercurit), Or furtligr sec;urity for the payhent of all costs incured ###### litely to be ircurred by aDy resFondent; and '- (d) the District Judge, for the purpose of deciding any issue, shall only tx bound to require the production of or to re&iye so much evidence, oral or docu- rDentary, as he may consider nec€ssaiy. ###### (:) An order for the payment of costs, or an order for the yelaisation of a s€curity bond for costs passeal by tbe District Judge, shall be executed in the saffe mannef as if thg ahount to b€ recovered was arears of land revenue. Fifiings of 189. (r) If the Districr Judge. after makins such incuirv as be thioks ncces- Districi Judgc. sary, finds, in respect of any pcrson-whose elecfionls called in q-uestion by a petition that his election was valid, tbe p€tition shal! be dismisscd against such pirson with cosr. _. [(3) ][If ][the ][Disttict ] [Judge ] [fitrds that ] [the election ] [ofany ] [person ] [was ][invalid, ] [hc] shall either- ###### (o) declare a casual vacancy to hav6 arisen, or (D) declare another candidtre to have been duly elected, whichever course anpe. ar6, in the parricular circumstanc€s ofthe case, to be more appropriate, and in either case the District Judgc rnay award costs it his discretion. ###### (t) In the event ofthe District Judge declaring a casual vacar.cy to have arjsen, he shall direct the Electioo Conmission to take proceedings for filling the vacancy. AYoidsoc! ol Elcctio!. 190. (r) Notwithstatrdirg [nything conraired in section I89 if rhe Districr .ludge, in the course ofhearing an election petitioD, is of the opinion that the evidence discloses thit corupt practices at lh€ electi?on proctedings in question, have ptevailed to such aa extent a3 to reDder it advisablo to set asidc thewholi of the i:lectioil proce€- dings, he shatl pass a conditional order to this effect and give noticr th€reof r_b everv candidate declared €lected who has not alrady been made a party to the case. callini upto suah candidate to show eause why such conditiooal order should not be mad; final. .. [{.a) ][Thereupou ] [elery ][sgch candidate ] appear.and show cause, and nay recall lbr tho purpose of putting quclion ro -may him, any witncss who had appeared ii the case. ###### {J) [The ][District ] [Judge ] [shall ]thereafirr €ither canc€! the conditional order or make it !.bsolut6 in which case he shall direct the Ele€tion Connrnission to take measutes for holding fiesh election procecdings, Disqua$fi- 191, The Distxict .Iudg€ may declate any candi&te found to haye cobmitted cati6n for c$tupt or arty corupt [p(actic6 ] to be ineligible for being a nember of a Gram Sabha or for illegd contesting an electior under this Regulation or for being appointed or rctained in prgc!rcG any office or [place ]ia the Governmerr or any local authority or for beinl reeistcf€d as a mglab€f, of &ny Gram Sabha for such period not excrrding five yiari as the ###### District Judge may determine. B8r fq'!oco.Utcol!fig to iutcf-!n validity ....I9. ofany [(r). ]law Blaritrg [Noflrrithctanding ]to delimitation of [anything- ]constitucncies [contained ] [ia ]or [this ]allotm;nt [Regulation, ]of s;ate [the]to ckc*srsl s$ch co$titrsl€ies nade or purporting to be made under this R.egutation shali not Erattctt, 0G caRed rn [quesuon ]|n any couft. ###### . .. [(e) ] [Spv.o" ] 3s [othstvits ] [provided ] [in ] _ [Sections ] [l8t, ][188, ][189, 190 ][antl ][l9l ][no] crvil courc snau hav.8 ju{E{ucuon to- q\tetlon &€ l€gality or yalidity of any actioo ----- 45 lEc; [' ][1l ] ' TEE SAZEBTA [OT ][TNDIA ][EXTBAOHDTNARY] Pow€r [to] entgr. ###### 193. The [Assistant Commissioner ] [in ][the case ] [of ][Cram ] [PaDdPyat.ai9.P*ly] corrTtiio"*"iti [iiJ ][casi ] [o1 ][rancnayat ][Samiri and ][Zilla ] [Parishad rnav ][authortse] ary of [his ] [Officers ][to ][eote, ] [,o.aoc ][fiiJtii ] [or ][cuu"c ] [to ][be entered and inspecled any] immovable Ptoperty [occbprcc ] [ov ][inf ][ct* ] [iao"h"yat ] [or- ][Psnchavat ] [Samiti or] ###### ffiffiy#Tt*x#F,n"'*;l$y"****orsuchGrirnrPanchavat' Ba! of{cuon ###### 19{. [(t) ] [No ][action ] -shall [lie ][against ] [any ][member, officer.' ] [serYant ] [or ][agont] fanchryat,agaiarl of a Gram [panchayut ] [o, ][o ][ruv"-yu ][iii;ti"t ] [oi'" ][i"ocLiat ][samiii ] [or ][zilla ] [Parishad] elc.r. ard prevrous ###### $iHtuHt1'\T;iTE'J'f [#.#i'^gf ][#'I',xFf ][i'"'"1$i#Jll*"'#;:"t] nouc! ii"tiiid* trtid [n.gulation ] [or ][any ] [rule ] [or ][bye-law ] [made ] [tbereutder'] stifi ior,bcforc il- {r) Ttc orovisions [oftbe ] [Judicial ] [officqr'8 ] [protecdon ][Act' ][1850 ] [shall ] [apply ][to] tne m'Jfrbers oi [tho Nyayu ] [Panchayat'] ###### (r) No action sball be brought [against any Panchayat ] [or ][a ][Pancbayat ] [Samiti] :lrlill*F,giHllt:itln:y'-l';itt':i"n"rTffi [i,!!,ry$il] it irrlii6"iGi!-"tti*rs, [servanrs ] [or ] [ag€nts ][for ][anytbing ] [done ] [or ][puroortrns ] [to ][De] F"-i{ i"i's-iofG-riurud [ih"iuundi ][until] done unrler [this ][Regulabons ] rhe exoiration of [rwo ] [months ]""o"tt [n.*i oftii ][notici ] [ln ][wridng-Aas ] [been ][left or ] [tlelivered] ###### ilil';ifil';ffich-Panchavat [ii ][rly"v". ][i"1"1'"y"t ][otf.ul:h?,1t ][samiti ][or ][zilla] F"i-ri"a ufro at [the ] [residence ][of ][sirch ] [of ][their ] [me'mbers ] [officers' ][servarts ] [or] ae.nts acainst acuon "ria [rs ][ttrrenqe,,;o ][G ]-uiouett [The notice ][shap-state ][the ][case ][of] ###### ;ffH,iffiiffi;o,itiei"iiii [sougnt ] [tlrc ][ai'ount ] [of compensation' ] [if ][-anv' ] [claimed] and thc name and [place ][or aoooc6i ] [the ] [person ] [who ] [intends ] [to bring ] [the ][action'] ###### (a) Every such action [shall ][be ][commencedwithin ] [six ][months ][after the accrual] of tho&use of [action ][and ][not ] [afterwar'ls'] ###### 195. [Every orember ][ofa ] [Grarn ] [Paochayat ] [or ] [a ][Nyaya ] [Panchavat ] [or ][Pancba-] M€mbels' *t fi:ff; s"iliti oizirii d;ilTffiliavqt [Furirnoa ] [una ][oI ][a ][.uJfJncei"iro ][Niiv" ] [p"ocl"vat ][ri.""otioi'intained ][or ] [a. ][Panchavat ] [samiti ][5y ][orcmp ][or ][zills][oy..ed] stc, cba:/at6 to ro of Patr"[publi][ctc ] [.] ilrfin"i [i[.tU ][U" ][O*m;a ] [to ][* ][a'pirUiic ] [G"ioi'*itUo ] [tl".uaning ] [of scction ][2l ][of] s$vaEt. tho Irrdian Penal [Code.] Membcrs ###### 196, No [member ] [qf ][a ][GraE ] [Panrchayet ] [or- ][a ][Nyaya PqlchaJat ] [ot- ][a ][Panchayat] €tc. to rof(- s"-i.iii'" iitti [purishad ][br ][any ] [oftheir ] [officers ][haviig ] [arl ] [p.utY ] 1o [Perf^omr ] [in ][connec] ain from 45 of 1986 ffiiiiii .iilfint"r*t iril"ti [io ][ony property sold ]""der thG i6gdation' [at ][such ][shafi ][sale'][directlvbr ][indirectlv bid ][for' ][or acqut'] taking at salc,[part] Pow€rs a , ' t9?. Every Police Offiqr shall [gire ][immediarc ] .infogration [to ][tbe ][Gram] dutirs of [-'] Policr in rcspect of ###### **:H"t#'m fiti"t'6v"ju* [j;l*ml*rot*lxgi,?s'i*fi ][madl ] [thereunder and shal! ][assist ][all-oembers ][,ffi ][fft ][and ][:;f ][servants ]"?l"f{r'T'[of ][th€] otfrnc€3 asd,a$idanc€ iffi#v"t: [G' ][iryly? ] [Faocuayat, Panchayat ] [Sarniti and ][Zlla ][Parishsd ] [in ][tbe] to Pancha- ixerci; of [their ][ia*ful ][authority"] t"ts. Chssifica* ###### 15. Every [Gram ] [Panchayat' irlyaya ]!an1b4yat, [Panchayat ] [Samrti and ][Zilla] tiol and p*i.ffisnun*iiitsly uoo prc,eo"e its ieiords [in ][thl ][manner ][prescribed'] rcdcf,Yatio a ofrtcords. InspcctioD ###### lltD- Everv Gram [Panchayat, ] [Nyaya ] [Panchoyat, Pam'hayat ] [Samiti and ][Zlla] 4od c.opi6 p"rirUli'*df: oi * applicatoti niaatd [it ][by ] [an-y-pereon int.(es*.Gd" ][allo\fl-i'sp€c-] or [lcordi . ii-"l"Fii. ,."i,r6, [,"a ][giint ] [ce*ii;eo ] [copiee ][tbeicof ][on payment ] [ofths ] [p4lscfi6 ] [feo.] Corut fcls ###### 110. The [proYisions of the ][Court ][Feo ][Act, ][l8?0 ][shsl ][not ][apply ] [to ][any ][proc€e-] Act not 7 ot [r8?0'] dings bofore [a ][IiIYaYa PanchaYat'] apFlicable Rcmoval of ###### 20r. [(r) ][rf ]"ry[oistrator][*""t#"Tffi ][ t] $,tl,iT**l lfl"thr,&"&lutiti" difricultica, ----- 46 THE GAZETTE OF INDIA EJTEIR,AORDTNA&Y [lAnr f,- Provided that no such ord* shall be made after the a'piration of two yeen ###### lrom the commenceme&t of this Regulation . [(a) ]_ 4yoy [urder ][made_uirdsr ] [this section shsll ] [rs ][soon ][as ][may ] [be ][afror ][iti] made be laid befors each Housc of Parliamenr. Itfof r to ###### rrtc rule& . [ZPZ, ][(:). ][The ][Administrator ] [may, subject ][to ][rhe ] [condition ofprevious ] [publi-] cqtigq by_ notlficatiou in the Otficial Gszetee, make rul€s to cauy oufthe profidons ###### of this Regulation (a) In particular and wittroit p.cjudice rf tru g"n"Jity of rhe forogoingt power, snch rules may provide fbr- ###### (a) the manner inwhich asscrs and liabilitier of a Cram Sabha which has ce&sed to exist shall be disposed of undor sub.section fu) of seetion 6; ###### (r) the preparation, revision and publication of thc ele€toial rolls of membels of a Gram Sabha and the part.iculars which it shall contaiu and the mannar in shich it shall bc revised under section 8: ###### (c) the me€tings ofthe Granr Sabha and noticc ofsuch mcetings under sub. section tJJ of sJction 9; ###### (d) th€ rnanaer in which the seais allotted ro Scleduled Tribes shall be rotated between different constituencies under sub-section fui) of 3ection 11; ###### (e) the manner in.)i'hich seats reserved forwornen sha[ be rotated amoncst ditibient constituescies under suir-scotion (7) oi section. I l; ###### (l) the rnanner in which the ofliccs of Pradhan resorved for the Schedul"d Tribes lnd wo:nea [shall ]be rotated amongst diffefqna Gram Panchayats under sub-seciion [(9) ]of section I l; o confidenco ^k) [tne ]motion [p..riod ]under [for whick ]sub-s€ction [notice is. ][(r) ][required ]of section [to-be ]2l; [given ][for ] [moving ] [a ][no] ###### (r) the psriod for which notice is required to be given for moving a no- confide*ce motion against thr Up-Pradhan under subcection (r) of section 22; ###### (i) the ierms and conditions of service of the S€cretary end other officefb and se(vants [undcr ] [sub-section ] [(5) ]of [section ] 24; ###### 0) [the time and place ][of ][meetings ] [of ][a ][Gram ] [PJnchayat and ][rhe ] [proccdure] to be followed at such meetings rrndcl suh.section {r) of section 25: ###### (ft) the produce for mrving rcsolntions afld putring questions under sutr. section [(z) ]'of section [25;] ###### (/) the controls and restriciion-s subject to whicfi a Gram Panchayrt may appoint Committees under [subsection ] [(r) ]of section ?6; ###### (m) the reasons.for and the ;nanner in which Conimittees may be dissolved or r€-constituted under sub-section [(:) ]of section 26; , [(r) ] [the ] [conditions ] [subjcot ] [to ][which ][the ] [Administrator ] [may entrust ] to the Grsm Panch4yat thc [funcliolrs ][and ]duties of collecting land rev€nue aird other dues recoverablc [as ][arear* ][of ][land ] rcvenue under sub-section [(r) ]of s€ction 3t : i ###### (r) the custody in which the Gram Fuad shall he kept un&r sub.section (J) of rcction 34; ###### (p) the manner in *tich the taxes and fees shall bc assessed and rcalised under sub-section [(e) ]of [saction ] 37; ----- ###### gi., 1) T!{tr CAZSTTS OF ]NDIA TXINAORDIN'MY 47 (/) the mamei in ',vhich a demand notice shall be leryed undef rub{ection (.:) of section 4l I ###### , [(r) ] _ [the ][form inwhich ] [account ] [ofrecdipts ] [and ][a(po*litUra ] [shall ] [br ][naintai-] eod under section 42; ###### - [(r) ][the time ] [atwhich ][and ][th€ ][nanner ] [itrwhich ] [budget shall ][be ][prepared ] [by] - the Gram Panchayat under sub-section (r) of scctioi43; (u) the period wirhin which the Zilla Parishad may aDDroy€ or return the .-.budget undor subsection (e) of section 43; ###### (y) ths pfiiod within which the budgct has to be re-submitted to ths Zilla Parishad under subseclion (3) of secdon 43; . [(\) ]- [the ] [period.within which ][the ] [Zilla ][Parishad has ][to ][approvc thc budget] urder subsection (t) of secrion 43; ###### (:r) the manner in which accounts of a Gram Panchayat shall be audited unilcr sub-section (l) of section [.14;] ###### .(r) -9uch [other ] [duti€s ] [which ][may ] [be performed ] [by ][the ][secretary uoder] section 5?; - [_ ][(z) ][Segrilating the conduct. ] [distribution ][of ][businoss ][and proceedings before] a Nyaya Panchayat times and_ plac€s of sitr ings of the Nyaya-Panchayai and any olber matter n-ec€ssary for lhc proper and efficient conduct of proceedings before Nyaya Panchayat under soction ??: ###### (aa) the fees to be paid tbr the insritutior of a suit or case bcfore thc ]\lyrya Panchayat under sub.section (1) of scction ?8; ###### (P) th9 register in which substan@ of a case instituted ora i shall be recorded under sub-section (2) of section 78; ###### (or) the fornr inrvhich summons shall be served under section 82; kO [tne ] [manner ] [in which ] [summixs ] shall be served under section [g4;] (ae) the register inwhich tho substaoce of a cis€ has to tre recorded beforc the Nyaya Panchayat can'pass a sedtencs under sub-section (2) of section gZ; ###### - - [(aJr) ] [the ] [refrister ][inu,hich ] [rhe ] [Nyaya Panchayat shall record the satisfaction] ol dccrces oi adjustmcntr under section l0l; (,r?) the rcgistor in \r,hich the amount realiscd shall be eriered under section 104; ###### (..ir) the form in wi,ich and a dare before which a Nyaya panchayat shall subn)it irs aruual report under soction 105; ###### - [(ai) ][the-period ] [fo1 ][rvhlct ][Pradhans ][shall ][be ][rotared under ] [clause ][(a) ][of] sub-section (3) of section f07; ###### ll qij the manner in $'hich offices reserved for Schedded Tribes and women // [shall bc ] [rclated under ][sub-s€ction ] [(5) ][of ][section ] [112; ]-. [.------,_='_] tl (ak) the notice for moving a motien of no-confidence asainst pramukh or Upapramukh und€f, sub-section (l) of section lt?; ###### ,. (aI) the time and piace of meetings of the pRnchayat Samities and the proccdui'e lbr such mectings under sub-section (r) of seciion l2l; ###### (atr) the manner in which a ruember of panchayat Samiti may move resolu_ tions atrdlrut questiotrs tc Pramukh or Upapramuki under sub-ieotion (e) of section l2l; ----- THE CAZETTE OF [S.IDIA ] [EJfiRAORDINA,RY] IPARr [X[*] ###### s (dn) the controts and restricdons subjefi towl ch a Panchayat Somiti [may] appoint committees under [sub-section ][(r) ]of [section ][122;] ###### (ao) the reasons for which committees may be disolved and tho manner [ln] whicli iommittees may be reconstituted under sub-section [(2) ]of [section ] [122;] (qp) the custody in which a Pancbayat Samiti Fund shall be [kept under sub] section (3) of seclion [27; ###### (aq) tie procedure and limits subject to which taxes'dutries tolls'cess [and] fees itrirll be levied under sub'section [(1) ]of [section ] [ll8;] ###### (or) the form in which demand notice shall be sent [under ][sub-section ] [(r)] of section 132; ###### (as) the manner inwhich notice ofdemand shall ir served under sub-section (2) of section 132; ###### (4r) the manner in which accounts of receipts and exponditure shall be maintained under section 133; ###### (ar) the time and manner in whicb ths Pancha!-at Samitis shall prepare the 6udget under sub-section [(l) ]of [section ][134;] (ar) the period within whiclL the budget [shall be ][resubhitied ] [under ] [sub-] section (3) of seciion 134; ###### (dw) the psriodwithinwhicb and manner inwhich supplementary estimate shall bs [prepaied ] under sub-section [(5) of ][section ] [134;] ###### (ax) the manner in which accounts of lhe Panchayat Samities shall be audited under [sub.section ] [(1) ]of [section ] [135;] ###### (ay) the ootice for moving a no-confidence motion under [sub'soction ] [(r)] of section 156; fuz) the terms [and cotrdiiions ] of [the ][Additional Chief ][Executive ] [Officer] appointert under [sub-section ] [(e) ]of [section ] [157;] ###### (ba) fhe constitution of savices und€r sub-seclion [(6) ]of section [157;] (bD) such other fuuctions and powers which lhe Chief Executive Officer may exercise under clause [(e) ]of [sub-section ] [(r) ][of ][section ] [158;] ###### (bc) the time and place of meetings of tbe Zlla Parishad and the [proceduro] to bs fdllowed at such [meetings under sub-scction ] [(r) ][of ][section ][160;] (bd\ the mamrer iu which questions may b€ Put and resolutions may be rnoved before the ZiUa Parishad undcr [sub-section ] [(e) ]of [section ][160;] ###### {6e) the [manner ] [in which ] [committees ] [may be ][dissolved ] [or ][re-constituted] undei iub-secdon [(2) ]of [section ] [16l;] ###### (b/) the procedure aad lirnits subject to which taKes may be levied under sub.section [(l) ]of [section ] [170;] ###### (bs) the conditions subject towhich the Zilla Parishad may levy duties and fees iridrr sub-section [(2) ]of [seclion ][170;] ###### (rr) the form in which denand notice shall be [giren ] under [gub'section ] [(1)] of section [174;] (ti) the mannsr in which a notice of demand may [be ][served ] under [sub-] section [(2) ]of [section ] [i74;] ###### (6i) the form in which the Ziila Parishad shall maintain [accounts ] of [its] ----- SEc. U TIIE GAZETTE OF ]NDIA EXIRAO$I]INARY 49 ###### (6/r) the time and manner i rvhich budget may bo prepared uncler section 176; ###### (tl) the period within which th€ Admiristrator ruay approve or teturn the budget under sub-section (2) of secrion l?6; ###### (6zr) the period witbinwhich the budget shau be retum€d for the approval . [of ][ths ][Administrator ] [under ][sub.-section ] [(3) ]of ioction 176; (62) ihe timo and marner in which the supplemeotary budget rnay be sub- mitted io the Administrator for approval und# sub-secti6n (t-of s€ciion 175; ###### (6o) the menner in which ths accounts of the Zilla Parishad shall be auditsd under seciion 177; (Dp) the manner in which records shall be classified and presorved undo scction 198: ###### (6q) the fee io bo paid for inspoction ofrecords and grant ofcertified copies under section 199; ###### (br) any other matter whicl is requhed to be or may be prescribed, 203. (1) Subject to the provisions of this Regulation and the Rul€s made Porer to malc rulcr. thoreunder, tbe Deputy Commissioner may frame bye laws:- ###### (4) to prohibit the removal or use ofwater for drinking purpose from any sonrce which is likoly to causo danger to health; ###### (D) to prohibit or regulata tho discharge ofwater from any draid or promises on a [public ]str€€t or into a river, [pond, ] tanl, wcll or any oth€r [plac6;] ###### (c) to prevent damage to public streets; (d) to r€eulate salitation, conseftancy and drainage in the area of the Gram; ###### (e) to prohibit or rcgulate the use of public streets or other public [place ]by shopkeepers; ###### (f) to resulate the manner in which tank* ponds and cess pools. Dasture tandsl btay [gr6'unds, ] manure [pits, ] land for disp6sil for dead bodibs and [bathing] places shall be maiqtained and used; and ###### (2) Ary by+law made under sub-sec.tion (1) may prolide that a cotrifaveu' tion thereof shall be [punishable ] with fine which may exlend to rupees [ten ][and ] [in] the case of a continuing contraventionwith fine which may extend to [rupe6 two ][for] each day during which the contravention continues. ###### aH. Everv rule -be and everv bveJaw made under this Regulation shall [be ][laid] rulls Lgvitr bcfcaof irs sooo as may after it is 6adi before each House of Pirliament whilc it is Pdlirncrt. in scssibn for a total [period ] of thirty days which may bo comp'risid [in ]one [session ][or] in two or moro suc@ssive sessions, ard if, before the cxpiry ofthe sessicin [inmediately] ###### following the session or the successive sessions as aforesaid [both ] [Houses ] [agre for] making any modification in the rule or byeJaw or boih Hous€s [agree ] [that ] [the ][rule] or bydlaw should not [be made, ] the rde 6r byeJaw [shall ] thereafter [have ] [effect ] [only] in mbdified form or be of no eilect as the case may be; so how^ever that [any ] [sush] modification or annulment shall be without [prejudice ]to the validity of [anything] previously dono uoder &at rule or byclaw ###### 205. [(1) ]The Andaman and Nicobar Islands [(Gram ] Panchayats) [Regula-] Ropcal atld t ###### tion, 196t is hereby [rolraled.] savio$. No 4 of 1961. ###### (2) The repeal of the said Regulation shall not affcct,- (a) the previous opetalio.qg of the said B"gu!a!!gn gr anythirg 4.U1y dggs or [sutlered tbereunder, ] [gI] ----- 50 TTiE GAZEI-TE [OF ][INDIA ][EXNRAORDIN.{RY] lPrrr [tr-] ###### (i) any r{ght, privilege, obligation or liabitity [acquired, ] [accrued ] [or ][incu*ed] uador the said [Regdation, ] [or] ###### (c) any penalty, forfeiture or punishmcnt incurred [ia ]respect [of ][any offence] committed against [the said Regulation, ] [or] .. [(rl) ] any invcstigation, [legal procoediug ] [or ] [rernedy ] [in ][respect ][of ][such. ] [right'] nrivil'eie. oblisation, liaUitiU,-foifelture [or ][punishment ] [as ][aforesaid, ] [and ][any] ###### iucl Gvatigilion, bgal ptding [or rcoedy ] [may ] [b'€ ][instituted. contrnued ][or] iri"*a-"t-t r"i'suci [peflel1y, ] [foifeiture ][or ][puniilment ] [may ][be ][inpcncd ] [as ][if] thrs Regutation [had ]not [been ][promulgated.] ###### THE FIRST SCHEDULE (See SECTIONS 19, 54, 115 AND [153)] be€n Adhyaksha/ and allegiance [to ][the ] [Constitution ][of] hold lhe ###### ot favout [or ][ill-will.] THE SECOND IICHEDULE [,See [SECTION ] [28 ][(l) ]) MATTBRs tN REsPEcr oF lttttclt [GRAM ] [P,lNcHev,ct ] [rflLl ] [HAVE THE ] [Aurncmrv ] [so ][ls] TO BNABLB IT [TO ] FIJNCTION [AS ][AN ] [INSTTTUTION OF ] [SELF ] [GOVERNMENT ][IN RESP'gT ][O} ][TIIB] PRTFARAfiON OF [FLANS ][FOR ] [E@NOMIC ] [AND ] [SOCIAL ] [ruSfiCE.] ###### I. In the sphere of [sanitatibn and ][heatth-] (a) supply ofwater for domestic use and for cattle; (b) construction and cleaning of public roads, drains, ponds, tanks and wells other than ianks aad wells used flor irrigation [pwposes and other public] places; ###### . (c) sanitatio.n, cons€rvancy, the prevention and abate$cnt of nuisalce; . (d) p*eservati,on and improvement ol public health, eetablishing and ###### naiirtrinrng [public ] hospitals and [dispensaries ] [providing ][public ] [relief;] (e) regulation by licensing or othcrwise of tea, coffee and milk s}ops; (/) provisioa, malnienance and reguiation of burning; (g) ensuring systemadc disposal ofcarcassos, provision ofdcfinite pldce for the purpose and other nreals for the disposal of unclaimed corpses [and carcasses;] ###### (lr) construction and maintenance of public latrines; (i) teking of neasures to pJevent the outbreak, spread and recurrencc of {l1y inf€ctious diseaso; ----- Sc€. 1l riiE cezEtrr ori [INDIA ] [EXT&Ao@INARY] 5i ###### (*) removal of rubbish heaps, [jungle-growrl-, ] [the ][filling in ][of disusedwolls] i"."i&;;;;d';'ft1s, [ditches, ]iiii [or-trollorvs, the ][prevention ][of ][watcrJogging] ffffi;i.d;;;i';tA'Ltlet itip.o""'eots of [ianitarv ][conditions;] (J) maternitY and [child welfam;] (rr) the encouragement [of ][humafl and animal ][vaccination;] ft) [the provision and ][maintenance ][of ][compost ] [pils;] (a) rcgulating the [keeping ] [of ][cattle and ] [taking ][necessary steps ][against stray] catd€s and [dogs;] ###### (p) regulating, [checking and abating ] [of ][offensive ][or ][dangerous ] [trad€ ] [or] practices; ###### (q) wat€ring [public ] [streets ][alld ][placcs;] (r) clcaning public strc.]ts' [places ] [and sewcrs, ][andall ][spaces. ] [not ][being ][pri-] are vcsted ""t" [l""pi.ii, ]in the [*TiJriai" ][panchayal ][op"n tti ][or ][noi;iiniouing ][itt" lojovment ][tlt" ][of ][ooxi6us ][thc. ][plbli:1Y!:lher ][vcgetation' ][and ][such places][abating] ###### all public [nuisancesi] (s) cxtinguishing [fires' ][and ][pr'rtecting ][life ][and property when fires occur;] (t) removing obstrugtion [and ][projeclions ] [in ][public ] [streets ][or ] [plac€s ] [and ] [in] soa@s not [bcing ] [private ][prop"tli'*nlcn ][are ][opin.to ][the ]-enjoyment [of ][the] ###### ;ri;;il;t6;ffddipice'dre [re*i'il ][in ][the panchavat ] [or belorg ] [to ][Govsrnutentl] (ir) securing or [removing ][dangerous ][buildiogs ] [or ][places;] (r,) constructing, alteriug aad [maintaining public ] $feeJs, [culverts, ] [pancha.] *t #"#;;;;k;:' mart*i.-slault'ter [hoists' ][privares' ] [urimls' ][drains'] #;*. ffifi"d;totft"' [*"*"tu'g" woitts ][batbs' rvashing plac€s' ] [drinking fount-] i'it*'iitit.-ilEir.' [dams ][and ][th; ][[ke; ] [,] (w) obtaining a supply [of ][an ][additional ] [supply. ] [ofwaler' ] [proper ] [and ] [suffi] pi"r.oiinE ouorio [io.*t" ] [r'iutth ofthe ][in'bat'itants ] [frorhthe ] [insufficieocv] ###### "i"oiiJ, or unwholeomenes. [o, ][,n" ] such supply or addirional [supply] "*,rrilfffiliwhin can be obtained [at ][& ][r€asonabls ] [cost;] ###### (.r) paying the [salary and ][tho ] [contingent expenditure ]-Uy t[e pandhayats. for -account the purposes [of ][such]of oolie or [gunrds ] [as ][*"y ][* ] [t"quit"d ] Iniiif,J.i for [t}re ][proiedion ] [6f ][any panchavat ][prop€rty;] ,*yJ",?J;"f*f [ty.x",1$l?ii,lyi"ri'nxiffii1f,: ] [;iTs ][x'"# ][f"iff#'] 2. ln the [sPhere ] [of ]Public [works'-] (a) removing o! obstructions [and projections ] [it ][pP.bJt:--tJl*tt ] [or ][places] and iiiirne, [not beisg ][p'i"ut"pt;'frtlt ] [wflicd ] [arc olren ] [t6 ][the ][public*'hether ] [such] ###### iriL'-"i?iiia [in ][iiri ][panchavit ] [oi ][belong ] [to ][GoverDment;] (&) consuuction, [maintonance ] [and ][repair ][of ][public roads' ] [drains' ][bund's] ond. [bridge*:] Providedthatiftheroads,drains,bundsa.ndbridgesvestinanyotherpublic ###### iu?6 iii"u [oot ] [ut ][ulidiiukenwithout ][tlie ][consent ] [of that ][authoritv;] "otr,oiii"l,,'.iii rrft ffiT:.ti#"*irr#,illltllhr,1t#'#xl3iFT [ village;] ----- 52 TUE GAZETTE [6F ]INbIA [EXTRAORDINA,AY ] [[PArr ][Il-] ###### (e) control of faits, bazars, torga-stand and cartstands; (/) construction and maiDtenance or [control ] [of ][slaughter houses;] (g) planting of trees il rnarket [places ] [and other ] [public ] [places ] [and ][their] maintenance of [preservation;] ###### " (i) construction and maintenance of Dharmashalas; (i) management and control of [bathing ] [ald ] [washing ][ghats ] [which ] [are ][not] managed by any [aBthorlty;] ###### (j) establishment and nraintenance [of ][markets;] {k) construction and [nraintenatrce ] [of ][housss ][for ][cousenancy ] 'staff [and] vlllage futctionarios [of ][the ][panchayat;] ###### (l) cstablishment, control aud management of cattle [pourlds;] (m) establishment and maintenance ofworks for the [provision ] of employ- meni [particularly ] in [tirnes ][of ][scarcity;] ###### {n) [extcnsion ][of ][village sites and ] [the regulation ] [of ][building ] [and housing] schemes in accordance [witb ][such ][principles ] [as ][may be ][prescribed;] ###### (o) construction and maintenance of buildings for warehouses, shops, purciasing centrcs and such others; ###### fr) construction [and ] [maintenance ] [of ][buildings ] [for ][corumon ] [use ] [and ][of buil-] dings necessary for [development ] [activities;] ###### 3. In the sphere of [education and ] [culture-] (a) visits to educational institutions; (6) check on attendance and other registers to enquire and repot to con' cerned authorities on educational [deficiencies and requkemotrts ] [in ][the ][village;] ###### (c) submission of recommendations on the annual budget tf schools, adult and [ionformal ][centres, and ] [preprimary ] [and early ] [childhood ][care ][and educational] cent(€s; ###### (d) construction and repair work of educatronal nstitutions enlrusted to the Gran Pancbayat; ###### (e) submission of reports on regulariiy of students, ieachers attendaDce and school functioning ; ###### (fl haming of the school caleudar under the [giuidanc€ ] of the Zillo Parishad. 4. In the sphere of [self-defence ] [and village defence;] (c) watch and ward of the village and of crops therein bnd raising volunteer orga.aiiation or org0nisalions of any other [kind, encouraging ][and ][assisting ][such] organisations; ###### (b) providing for training facilitics to the youth of the gram for the purpose of self-defence and village [defence ][and ][assisting such ] [training that ][fiay ] [be ][crgani-] sod by the Goverr,nent; ###### (c) preventing of fires, rendering assistancs in extinguishing fires and protecting life and property when fire occurs; ###### 5. In the sphere of [planning and ] [administration-] ----- ###### {t $Bc l1 {tIE OAZETTE [OF ] [INDIA ] [EJffR.AOSDINARf] ###### (i) assisting tbe [implementetion ] [of ][soil improvemeni projects ][of ][the ][State] Government; (c)economicsurveyofihegramaccompaniedbythe-provisionofemploy. ###### -"ni? [tn.'"ni*ploye.i ] [or ][undYr emplol'e<l resident ] [therol;] - [(r!) ][preparation of ][budget. ][collection ][and ][ncaintenance ] [of accoglts::1s-t-odJ] una ,,:iiizitioii [ot ][funds, ][assessment ][and ][collection ] [of ][taxm ] [and tnaintenance ] [oI] an Account [Code;] ###### (e) use of asslstanc€ [gven by the ][Central ] [or ][State ] [Government ] [for ] [any] ourpilie of [the ][village;] or assisting [such ][sulvev ][utder-] ###### ,*"sr**l'**nffi*i1xH'H?"Tl*,Tam (g) tecruitmelt, [training ] [and ][management ][of ][staff to be ][employed ] [by ][pan-] chsyat; ###### (i) control [of ][ciattle-stands, ] [thrashing ][floors' ][glazing grounds ][and ][comm'] unity [lands;] ###### (i)establishment,maintenanccandregulationoffairs,pil8limagesand f€stivals; ###### (j) reporting [to proper ] [arnhorities complaints ] [which ][are ] [not ][removable ] [by] the Panchayat; ###### (lr) [prcparation, ][-maintenanca ] [ald ][up-keep ][of ][the ][panchayat rccords;] (I) resistration of bfths, [deaths ][and ][rnarriages ] [in ][such manner ] [and ][in] .*t''i*;";;;JL-iaia [oowJii'lilii"it ] [Goi"'o-"ot ] [general ] [or ] [special] ordor in [this ] [behalf'] (nr) numbering [of ] Premises' 6- In the [sphere ] [of ][Community D€vBlopment-] . (o) relief of the cripple'1, [destitute ][and ][the ][sick;] (D) a$sistance to the [residents ] [when any natural calamity ] [occurs;] . [(c) ] [organising.,. ] [encowaging ] [and ][assisling ][co-op€rative ] [activities ] [jD ][lhc] economic [and ] [sooal ][hel6s;] ###### (d)' propagation of [family ][planning;] (e) organising voluntary [labour ][for ] [community ] [works ] [and ][worls ] [for ] [the] uDliftment of [the ][village;] ###### (fl oPening fair-Price [shoPs'] ?. In the [sphere ][of ][agriculture, ] [preserYation ] [of ][forests and ] [pasture ] [lalds-] (c) planned improvement [of ][agriculture;] (D) securiag mairrimum [standards ] [of ][cultivation in ][the gram ][with ] [a ][view ] [to] increiiing [agricultural ] [production ] [;] ###### (c) ensuring conservation [of ][manurial ] [rcsources' ] [preparing ] [composts and] sale of manure ; ###### (d) production of improved-seeds' [the-establishing of ][nurs€(ies ] [or ][improved] ----- 3+ tun eAzsrrB [oF rNDIA ] [orrneononreiv ] [tPrer ][tr- ] | ###### (e) promoting the use of improved agricultural [irnplemenis ] ald [making] such implements easilY [available;] ###### (fl the promoti on of co-operative farming; (g) cropprotection and crop-experiments; * (lr) minor iniqation' construction and maintenance of filled channels and distribirtion of [wat6r; ] [treatmsnt ] of [drainage lincs ] [by ][dugouts ] [with ] [vegetative] drains, loose [boulder ] [dams, ] [filtcr ][steps and other ] [measwe ][for ] [improving ][water] conservation aod [preventing ] soil [erosion-] ###### (j) raising, preseryation and improvement of village forests, [pastures ]and orchards; ###### (j) taking steps against harmful animals rvrth a view to protee;ioo of crops. 8. In the [sphere ]of Animal [Husbandry-] (a) improvement of cattle and cattle-brceding; (6) the general care of live-stock; (c) pioviding and maintaining stud bulls for [purposes ]of cattJe breeding; (d) promotion of daitY farming. 9. In the [sphere ] of [village ] [Industries-] (a) surveying and harnessing tiny and village iridustrial and other employ- ment potential of the [gram;] ###### (b) providing necessary raw materials for cottage industries and artis and crafts; ###### (c) making efforts for the production by the village craftsmen of modern and improved tools for [cottage ] industrie$ and [mrking ] [such ]tools easily available ###### to lhem; (d) oncouraging and .assisting artisans for trainitg ir coitago irdustries and han<Iicraft ; ###### (e) providing forthe organisation, managemeni and developm€nt ofcottag€ industries on a co-oDerative [baais.] ###### 10. Subject to the [conditions ] of sectio[ 35 maintenance ofrecords relat-ing to land revenue in such manner and in such form as may be [prescribed ] from time to time by or under any law relating to [land ] reyenue. ###### THE THIRD SCHEDULE (See section 65) OFFENCES TRIABLE BY A NYAYA PANCHAYAT UNDSE TriB INDTAN PENAL CoDE. 1860 ###### Section Brief description l4O Wearing false uniforms. 160 Affray. 172 A bsconding to avoid sewice of summons or other proceeding ----- ###### fig Ttr TIIE CAErIB OF INDIA EXTRAORDINAI,Y 55 ###### 174 Noa-altandance in cbedience to cn order from public servant. l7g Refusing to ans*er public servart authorised to question, ' 277 Fouling water of public spring or reservoir. 295- [Negligent ] [corduct ] with respcct to fire or combustible matter. - 289 Negligent conduct with respect to anirnals, 2n public nuisance it caJes not otherwise provided for. 294 Otscens acts and songs. 323 Voluntarily causing hurt. 334 Voluntarily causilg hurt ox provocation. 341 Wrongfulrcstraitrt. 352 Assault or criminal force ol.h-erivise than on grave provocation. 357 Assaurt or criminal force in attenpt wrongfuny to codine a person, ;15E Assault or criminal forci'on grave provocation. 374 Unlawful computsory labour. 379 rheft where thc value of the subject m4ttef does not excred Rs. 50, 403 Dishonest misaoorc,nriation of nropcrty wlere the value of subject mauer does not exce,iii ns. 50, ###### 411 Dishonestly teceivilg stgl^en property $,here the value of the subjcct matt€r ^ does not erc€ed Rs. 50. 426 Mischief. ) 4Zt yir_"!h!!t!,1_*g o-rAaiming cauie, etc,, of nny value o, any admat of tbe value ol ten rupees. ' 430 Mischief by injury to works of irrigation or wrongfully diverting public water. ###### 441 Criarinaltrespass. 448 Housatrespass. -.j 50il Intentional insult with the ilteBr to provoke brcach of peace. 506 Criminalintimidation. - j09 [' ] *brds, gestffe, or act iotended io insult the modesty of a woman. S10 Misconduct in put{ic by a drunken persoa, UNDER TnE Carrlr Tnrspass Acr, lgTl ###### 24 Forcibly opposing the seizure of Cattle or rescuing tbe same. 26 Causing damage ----- lP^R" [U-] ###### fHE GA,E'ITE [OF INDTA ][FX]I'R.{ORDINARY] UNDER Tr*$ [RBcuLAlroN ] [oR ][rBE Rurxs ][iND ] [BYE ] [LAws ] [FRAMED ] [THeRBIJNDm:] Any offencc [under ] [this Regdation ] [or ][any rule or ][bye-law framed therunder'] ###### - UNDBR ANY [orHER ] [ENAcrMENrs:] Any such [compou-ndable ] [offence as ][may ] [by ][aotification ] [be ][declared ] [by ][thc] A,Iiini.trator,'to [be cognizable ][by ][e Nyaya ] [Patrchayat'] THE FOURTI{ [SgHEDULE] [Sea [section 69 (1)]] OTFBNCES [tND ][MAxIMIral ] [PBNAI,rES] ###### (a) Under the Indian [Penai ][Code-for ] [the ] [offences ] [specified ][io ][th€ ] [Third] schedii6. [fine not ][exceeding ][Rs' ] [251-'] ###### G) [Under ][the Cattle ] [rrespasJAct'.tfZl-for ] [thc ][offences ] [speoificd ][io ][the] rura56rtJut", [iine ] [not ] [exceeding ] [Rs' ][10/-'] {c) [Uader ] [this ][Regulatlon ] [of ][the ][n:les ][or ][bye'laws framed ] [thereunder-finc] not ci6eeding [Rs' l0/-.] TI{E [FIFTI{ ][SCHEDULE] lsee [s€ction ] [124 ][(1I] ###### *^f; ["^#',#;'s"'J"Ktr1."i1?ff""i;sff ][*HaHi'*lff ][o*''"*^'] l. In [the ][sphere ] [of ][sanitation and ][health-] and mainti:iranbi [of ][health] ###### (a) cont{olling [epidemics ] [aud ] [expansion] s€rvice$; ###### (6) familY Plannirg; (c) providing [facitities ] [for ][pule drinking ] [water;] -= (d) maintenance [aad.suporvision ] [of ][stores ] [ofdrugs' dispenstri6' ][pbarma'] cies,'il"te-rnity [homes ] [end ][piinary ][health ] [centrcs;] ###### (e) oultivating public [opinioo ] [on ][following ] [mcthods ] [for ][the ][prcscrvation] of hiaith [aod ][sanitation-] (i) nouri$hment; (ii) maternity [and ] [child ] [welfare;] (ifi) conttol [and ][eradication ] [of ][contagious ] [disea'soe;] ,:I (f) [proviriirg ] [for ][help and ][protection ][to ][the ][peopls against ][epidenics'] ###### 2. In [the ][spho-re ][of ][commgnicstion-] ----- S'Ic. II TtA CAZETTE OF INDIA EXITAOI.DTNARY <rt ###### (t) providiag nec€ssaqr assistalrce for construction and maintenanc€ of village approach roads. 3. In the sphere of education and culture- : {a)- [recruitment ]of [staff_ ] tb:: Adult Educalion, [Non-Formal ][Education,] Early Childho{rd - Car€ and Educalon programmcs. ###### i,)appolntm€ntofstaffinsclroolsfromapprovedpanels: .(c)transferoftcacherswithintheifjurisdiction5tbjecttoguidelines; (d) acedcmic supervrsion of all institrtions upto upper primary levels; _ [{e) ][delegation ] [of ][powers ] [of ][supervision ] [over ][composite ] [upper primary] school! to the Gram Paochayat for pucposes cf cootinuity: ###### _ [(/) ] [preparation ] [of ][budget and ] [sanction ][of ][plans and ] [expendifure ][ftorn the] Pancha\/Bt Samiti &lucation Budger ; ###### fi;) [disbursement ] of funds to aided institutions under supervision of Zlla Parishad; ###### (lt) lelrying of development fees and.otber l'ces to raise resources; (i) raising of public contrjhutions and dorntions. 4. In the sphere of sociai educatioft - . . To oultiyate a new outlook, among the people to nake them sElf-reliant- industrious and co-operation minded ind isfricianf.- ###### . [(c) ][establishng anC maintaining ] [iaformation ][centres. community] educational centres and recrealion c€ntrci; (D)- gtablishing institutions fur rendering social service such as ###### n youtlr.clebs, womcn's such institutions if already clubs and established;farmers' associations and encouraging any (c) establishing a village Gfence corps; (d) ehcouraging physical and cultural activities; (r) establishin$ yoluntary health associations; (f) training gram-sevtks and utilising theif seryices; (g) lraining gram-sevaks and utilisiag rhcir servirts: (i'I promotirg childrens, activiries. 5, In the sphere of comrnunity del'elopment- .. [(4). ][plannjng for.increased employmenr and ]|roducrion [as ][*ell ][as ][for ] [co-] ororratron or vlls.ge lnstttutroDs; ###### (t) i.raiDing in self-help and self-sufrciencv among the village conrmunity on tne [pnnclpte ] o! mutual cooporatidn: ###### (c) -utilising the surplus cnergy, resources and tin:e of the village for beD€fit of tha community; ----- 5E .Tfig. {tidf"f.'[E oF [INDIA ][ET.IRAqRDINARY ] [[P^Rrt ] [---:' ] [:. ]['] ###### , 6. In the sphgre: of *griculture [and ][iriigatic'n- ] , ' (a) planning for agriclltural [improvemeni ] [in ][the ][Block;] iD) [use ][of ][lanil ][and ][writcr ][i.:ioutces ] [an<l ][propagation ] [of ][improved ][agricul' ] , tuial mcthsds accrrdirig [to ][lire lf,telit ][researches;] ###### (r:) consnuction *aint"oao." [of ][irrigeuon ] [works ][in ][the block;] "nl (r/) ruclarnttion and ccnscivation [of ][agriJultural ] [land ][ia ][thc ][block;] (e) mtinl?nan:c of s::'l multiplication far:ns, assist;ng [registored ][seed ][pro'] . duc,..is'and distribution of seeds in the [block;] (./) raising the p{oductior of fiuirs [and ][vegetables;] {g} cons:rvillion [of manuiial ] [resouf,ccs. ] [prepaiitlg c{mpost ][manure' ] [orga-] nlc nianure and [.mixture ] [and ][tc ][adange ] [for ] [rnaking ttlem ] [easity ] [avallaulc;] ###### (t) pronoting tha-use of. [improved ][sgriculi"fxl ][implcments ] [and ][arrang-] ing io mirke thenr casily available; .': (ii th? protcclion o!'r:rops, lruit-tlees md [plants ] [against ] [dis€aso;] (j) providing cruiri arrd othsr [facilities ] [for ][irrigation and ][agricultural] ds!Jopnenl: {t) incrca.irrs thc [ale:l ] [of [c])'l ][utlder ][irrigation ] [by ] [construction ] [and ] [repair] .f *;iil, J;ii;e ;,id [reFairs ] [ot ][private ] [ponds ] [-bv underraking ] [nrinor irrigation] work :rnd by sup€rvislon [ol ][I ][teld ][cnannels.] (/) prcvitting foi tire time'ly al1d [equitable ][distribution ] [and ][full ][use ] [of ][water] avriiabG undur itrigation [schemes.] ###### 7. In the sphere of auimal [husbandry- ] d (a) imnrovins cattle-bre,ad by introduction of stuti bulls, [b1' ][castration ] [of] ,truy Uirtto.ili *oO &tabtishnrenr [arid ][nraintaining ][anificial ] [insermination ] [centres: ] O ###### ' (b) introducirig improved bieeds of cattle, shcep poultry ets' [giving ] [grants] the,':for and nt :litrtsnance of [small ][bt'ccding ] [centres;] ###### (a) contrrlling rnd clrecking infectious [diseases:] (d) inlrodu:ing improved [giass ]and [cattle ] [ie':ds ] [and ] [providing ] [fot ][their] stJiagcl {e)startingandnaintainingI.irst.aidccntr'.sar'rdvetetinar1'disperrsaries; ###### (/) Providing for milk -suPPlY; fu) [sohing ] [ths ] [problem ] [of ][s'iray cattle'] 8. In the [sphere ][oi ][vittage ] [and ] [small-scale ] [indlstrics--To ] Promole' [cottage'] '"illaee and [small-scale ][iftlustrieswith ] [a ][view to ][proYiding ][incrcas€c ] [emPloyment ] [anc] ###### raitiig [p€oples' ] [standard ] [of ][living ][and ][espocially-] (o) 1o estabtish and maintain [production ] [and ][training ] [centr€s;] (6) to improve the skills of [artisans.'] {c) [to ][popularisc improved ] [implcments;] ld) to ensur€ lhe [implcinentation ] ' [f ][scheme ] [for ][Cottag:, V;llage ] [anC- ][Srralt-] .cafJ-rita,i.tiioo run [by ]ti,c [Khadi ][and ][village ] [Industries ] [Board asd ][ctltcr ] [All] ----- ###### s+. 1l .tnE c$zEIrAI,F INDi+.TX{iAoRjDINARY [59] 9. ln thc sphei-o of goqperation- , To [promote' ]tbc idea of cg'oper^tion [in ][different fields ][of ][Life ][and ][to] , ' orgEnis€ and-€r,rcourago cGoperative institlitions ifl ths economic and [spcial] - ficlds and epecially- ###### (a) to establish and promote thc development of multipurpose a1 10. Irr thc sphere of womcn's w€lfare- .;. Imnjpaentins of schemes for women's and.cl.dldren's welfare and maintain- ' ,+r ing worien's andihildren's welfare rxntres, iduc:rtic'n centfes, craft [ccntres ][aod] taitariqg c3ntrss. ###### . 11. In the sphere of social rvelfars- (a) implenenting schedes of rural housir:g; -'> (6) maiatainirg decr"'pit bugga;s; (c) sponsoring voluntary instiFrti,'ns of socia! welfare and [cc-ordinating] i:nd assisting their activities i (d) propsganda for prohibition und against drug addiction' 12. In the sphcre of relief- Provi<thrg immediate dief [jn ]casc .'f floods, [fircs, ][epidcn:ics ] [and ][other] ###### atrral calamities on a small or lar:ge scale. L3. In the sohcre of collectioil of statistics- :()1 Colecting and co-ordiruting statistics [::-rd ][inay ] [be ][required ][by ][the ][village] , i p:rnchayats, taluka panchayats or district panchayats or by the State Govemtll€nt. o " l,l. In the sphcro of trusts- ' Managiag trusts in furtherinc* of [-rhe ]r bie('ts of any [programme ][that ][rnay] be carried out with the talula f';nd. ###### 15. In the sphere of r;ral hcusing- i Developrneot of villagr sites wilh thr cc [-cFrraticn ] [cf ti.c ][villagc pcpulation] . .and planning of rural hcusing. ###### 16. Ia thc spherc of infornl;r1ior-. (t) arangrng cxhibitiom: . (c) publications. TIIE SIXTI{ SCHEDULE [See [Scction ] [163 ][(l[] ###### : MrnsRs ti$ RBsPEcr oF lf,'{IcH 1ic ZTLLA PAr$gAD wlLL HAVP [1E ][AurqoRrrY] 60 tA lo Ex rlr IT m fUNCITON AN lligllruFro{ or sEL}' GOVRNI,BNT' ^s ###### 1. In the sphcre of s{initation'anil hodth- (a) eriabli:shmbnt ;nd of dispcnsgics; ----- 60 THti [{iA'ETTE ] OF 6{DI3. [gtrl?AonprXl&v] lPrrr I|- ###### (b) provision afld mainteoatrce of drinting watcr supply; (c) taking necessary action or stepa for imprbvement in public healih ard public amenities; ###### (d) astablishment and maintonancc of pd;lary health centr€s; (e) assisting family-planning; . [0) ] [supply ] [of ][milk to ][children and ][nuiiing ] [mothers ] [in ][families ][in ][the] ,ow rncome group; (g) prcvidrrg for training to mrd.-wives; (l) giving protectiort against diphtheria, whooping cough and tetanus; . [{i) ] [establishment ] [and ] [maintenance ] [ofayuriedic ] [aad ][homoeopathic dispcn-] saries; ###### (j) provisron ofrnedical reliefthrough ayurvedic and homoeopathic centres; (ft) assisting recognised medical reli€f-centres; (4 providing for uaining of nurses. 2. In the sphere of public works- (a) [. ]construction and maintenan* of roads; (6) the planting and rearing of trees on both sides of the roads; (c) execution of *orks entrustcd to it by tba State Govemment; (d) supervision, repairs and [pre$ervation ] of building vested in the dish:et panchayet; ###### F' of - the district [(e) ] [construction ]pancbayat.[and ][mainteiance ] [of ][buildines required for ] [the ] [activities.] I 3- In the sphere of education and other cultural activities- _ [(a) ][sstlabishruett and ] [maintcnance ] [of ][schools ][upto ] [secondary ] [level, ] [in-] oluding recruitmert, appointment and transfer of sta{f, [-payment ]of salariej and exercise of control over the staff subject to Government ['guidelines;] ###### (6) exercise of control and academic supenision ofall schools including aided and private schools upto sccondary level subject to Govemment guideliaes; ###### (c) laying down of academic and administrative norms for better function- ing of educatiorial institution<; ###### {r0 [disburscn'en" ] [,.fsr36gr ] [16 ][ei6s6 ][sghools ] [srbject ]to Governm€nt [guidglirc$;] (e) supenision !i .i:* [ducation Committees at block and village level; (/) prepsration and sanction of educarional budget; (g) administr4tion of district educd$onal furd; (,) p.r.eparation of.perspective ptan for rhe distlict; (i) propUsal of measures including ievy of cess, surcharge and taxes for mobilising additional resources for education to the Zill& Paiishdd: ###### {.i) iosp€cl,on ofipr,{nar} glhoqfp q4uaged by the Pagchayat.Samities and ----- t- ###### tfc. rl' . T|E errfiTfP [OF ][INDIA ] [EXTRAORDINARY] '' I (ft) atropting and managing [cducatronal ] [fulds;] 1l (l) assisting, €ncouraging [and ][gu;ding ] [all ][educational activiti€s ] [in ][th'] dist(ict; or vilage ###### {rr) [orgpis.i"C:uj,p_i:.:":S,i"iff;i;l"ri"-"1,l;ii1tjii',members ] -panchayats, [blbck ] [pauchayats ] [3nc trlsrric! ] [Pzruerr.'4'] I ,1. In the sphere of [administration-] .' ###### i' (s) coll*ting of [nectssary stores-and materials;] j t (6) publication of [statistical an'l other ][lnformation ] [relating ][to ][activities ][of] jI panchaYats; I ###### (c) co'ordination aud use [of ][statistics and other info-rmat'ion required ] [for] ,n" ;iri]*tn-. 'l ###### "[iiti "Ai"g" [p*trtiviii' ] [Uio"r'pa"ctavott ] [und ][distrrct panchavatsl] 'j (d)perjodrcaisupervisionandevaluaiion.oftheprojectsandprogrammes ###### e"td;tcd i; [t-h;.ifferlut ] [panchavats ][in ][the ][district;] (e) accepting donatrons [in ][the ][furtherance ][of ][the ] [purposes ] [for ] [whish] luod [might ] [havn been ][rerseo'] ###### 5. In the [sphcre ][of ][cohounity ] [deYelopmed-] I (a) co-ordiration and [lntegration of the-development ][scheme ] [of ][all blocks] ###### 1- ln rFklstiici-ana [preparing ] [u-ft"n ] [itte"tnt ] [for ][the ][whole ] [district;] (6) prepararion of [projects' ] [plals ] [and ] [schemes ] [concetning ][two or ][more] I I blocks in [the ][district;] I ###### (c) (i) promoting [the ][establishment ] [aud ][development ] [of ][pancbayats;] (ti) in^(pectio6, tegulation [and ][control of the block ][panchayat samities ] [in] the disfict: ###### ;h (iii) performance [of all ] [s,uch ][functions ] [as ] [are assigned.to ] [it ][under ][any ][law] t r.c i. * 4' '{2y'be [assigned ] [by the'Administrator ] [from ][ttms ][to ][tmo;] (C) implernentation of [any ] [dev-elopment ] [programme that ] [may ] [be ][€nirusted] by the Mminjstrator; ###### (s) distribution and co'ordination [of ][work ][among ] [villagp ] [panchayats'] tloci- fanclrayats [and ] [ilisttict ] [panchayats'] .f. 6. In the [sPhere ] [of ][agriculture*] (o) undeitaking [rntensive pioneoring ] [schemes ] [relating ] [to ][paddy ] [vegetables'] rurtJi,' [oiiiJr'-ptoitation ][crois ] [and horticulture;] (,)constuctionaud'caiRtenanceofbuildingforscedsdistributionc€ntres; ###### (r) implemeniation [of ] [schentes ] [of ][matrure'] (d) arranging fbr the [purchase and ] [sale ][of ][necessary ] [equipmort ][for ][thc] Drot€gtion of Plants; ###### (e) arra$ging for the [purcha'se ][and ][saie ][of ][insecticides;] (f) establisbment and [maintenancs ][of ][model agricuhurai ] [forms;] (g) procuring and [distritruting ][improvotl ] [seetl's;] l- ###### (lr) implementing [scheme ] [relaiing ] [to ][agriculfural production ][and agricul-] t ----- d2 ###### i i) arra:. ri,r r e r'r,5itio$ and [competiliou ] [an ][d ][d ][elclopncnt ] [porir8ltdo] u Linection *'iitr a.gricultur [al ][develof#cnt ] [a ][d ][cattlc'tMitrg;] I 7. In tho sptrerc of [aninral husbsadry-] I (a) ostablishmont and mainrainiog [supitly-{entres ] [for ][canh ][brccdini;] ###### (Di grving encauragEment and [assistancc ][to ][catllc ][tn€dir8 ] [(cn(rcs ][ftt] t ll by recogniicd ;nstitutions; ###### j (c) provlsion for the roaring of [$tuid ][cslec6;] I - ###### (d) thc tlovolopmcni of fotlder-hnd6; (c) cncouraging aod assisting [schemcs ] [fot ][thc ][$torags ] [of ][grass;] (/) implcmenting schemcs of [ponltry ] [farsiing;] (g) the iElpl€nentation of the [schomes ] [of ][catdo brocding;] (r,) €stablishmeot' and maintaiuing lstelimrY [hospitals ] [ard ][disponsaries'] 8. In the sphere of [village and ][s'tall ][scaie ][industries-] {a) examining thc [possibilitics ] [of ][villa6e industr'es ] [ald ] [emall ] [scalc ] [indusu ][ies] io tf,iiiti.tiiii [prep'uraliin ] [and erecuriorr ] [cl ][plans ][for tbeir ][revival, ][organieation] and development; ###### l1 (6) providing for nocessar;- -assi [stance ][ar]d enccurager€nt ] [of ][technic ] [a'] rlI ting trainl-ni to their ti,- [iinag.'workerc iu ]crafts; [v'rilige ] [indusrries and ] [small-scale ] [industries fela-] i ###### tiI aud (c) industrial cstabtishing, schools.maintaining, [expanding and aiding seccndary, ][technical] rl 9. In the sPhere [of ][*ocial ][welfare-] il (c) providing D.e@ssary ass;stance [and ][encouraf-ctrent ] [to ][the ][wort ][of] l1 ###### .-l iastitution$ of $ocial servlce; (5) oo nducting tecessary social [welfare ] [activities ] [in ][ihe ][district'] lr * I 10. {n the [sPhere ][of ][relief-] i-q ###### li Establishrhehi and [management ][of ][relief ] [centres ] [i1 ][tjcres ] [of ][natural ] [calami-] ###### il I ties iiit' ii tarnirij [uno ] [si".6ity, ][floods, ][fire ] [and ] [earthquake'] I tl. ln the sphrc [of millor ][in"igaiion Projects'-] d: ###### {a) [digging new ][po ][ds and ][wells ] [ard ][repairing ] [cld ] [ponds' wells ] [fot iriga-] ticn; (b) giving assislance for the [purchase ] [ol'pumping ] [sets ] [and machinery ] [;] {c} [ptovision nnd ][propagnndr ] [for ] [improved Lits;] {d) [encorriaging and ] [assisting ] [irrigstion ] [schemes ] [on ][a co'operalinE ] [basis'] SHANKER DAYAL [SHARMA] Prcsideht. ###### K. L. MOHANPURIA' Secy' to the Govt, of [India,] ###### i . .lf fl:'-.1 rRTNl! 9 BY f!!S l\.tA!{AAE& [OVARHIf,SNIi OF INDIA ] [PRBSS' ][Mnfro ] [ROADI ] [NEW ] [DEI'E] AND ?urlls$D 8Y TliE c?r{riott,ER [oF ] [PUBLlcr'TIsr{i ] [Dtu{' ] [t994'] I 'r'. ###### tl': -----

23-May-1994

5

The Andaman and Nicobar Islands Municipal Regulation 1994

https://www.indiacode.nic.in/bitstream/123456789/19000/1/a_%26_n_islands_%28municipal%29_regulation_1994.pdf

Andaman and Nicobar Islands

- , .j - ,.~> ANDAMAN AND NICQ-BAR GAZETTE .':: 'y " - - -_ .' _'r~"_ ###### arn-r'll (01 EXTRAORDINARY ... , •. , . ~ . snftI~ ~ SAil'fQ Published By Authority ###### 4. IS2, q)f lisq~, ~rnl, s fi:~, 1994 No. 162, Port Blair. Thursday. December S, 1994 ``` --------------------~----------,--------- ``` ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATtON ``` Port Blair. iated the 8th December. 1994. ``` , ,; `No. 139/94/F .No.6-9-/94-Leqal-III.-'The` `following` `R~lation` _t .• »_ '/ ;" I `published` in the Gazette i)f India, Extraordinary Part-II Section I. `No.` 4~ `dated` 23rd. May, 1994 is `hereby` `re-produced below` `for` the _~_ _'Q.,::;~-:' ._ _'.-_ `Information` `of` `General` `Public.` '.'\;.~ `(l)` The Andaman `and Ni(:obar` Ielande(Municipal) `Requlatiuon` `-` `1994.` ``` 00/- ``` (Abdul `waseem)` ###### Assistant Secretary(La'W). " ~ ###### MINISTRY.OF LAW. JUSTICE AND COMPANY AffAIRS (Legislative Department) , ;-' New `Delhi,` tr.e `dated 23rd May,` 1994/Jyaistha ###### 2. ,1916/(Saka) THe ANDAMAN MtD NICOBAR ISLANDS (MUNICIPAl) ~EGULATION. 1994 ``` No. 5 of 1994 ###### Promulgated by the President in the Forty-fifth ``` `Year of` `the Republic of` Ind~,a ``` A Regulation to provide for the 'constitution ``` `of` Municipal iti.36 in `the` `Andaman` `And` `Nicobar` `Islands` `and to` `,lefine` and `regulate` `their` power `and` functions .md to `repeal` `the` `Andaman` `and` `N~obar` IBland~~ (Administration) `Regu 1 atioo` . ``` 1979. In exercise of the powers conferred by article 240 of the Constitution. the President is pleased to promulgate the following Regulation made by him:- ``` ' .. ----- t ~ ,2 ~ 2. 'nm ANDAKAN AND NICOBAR 'EXTRAoJTNARY ~rt GAZEITE ~ reo .,.". `8,` `19?4` ###### ------ili-r -' ### ----- y' 'r _.A_ e 1. (1) 111is ,Regulation =N~41 be called., the Short title, A,ndaroo.ns & NicODar Is ds (MuniciPl,'ll) extent and ###### Regulation, 1,994. i Cc:mmence- w: ment. `(2)` It extends to `thp` whole of the ###### territory of the Andaman and N~cobar Islands . - , (3) It shan c~ into ~~ I ce at once. ###### Definitions. 2. In this R~lation. ess there is something repugnant in the sub ct or context- ~ ( 1 ) "Administrator" ~~ the' Lieutena)lt ###### Governor of the Andaman· an' i Nicobar Islands appointed by the President un. r article 239 of the constitut ion; ~ . . (2) "building" means a ~OUBe, hut sbed or ###### other roofed structure, for w~~tsoaver purpose, and of whatsoever material ccnetructed , and every part thereof, and includes a waill and a w~ll. but does not include a tent or.ot~r auch portable and merely temporary shalta~i end "part of building" includes any wall, ~er-qround room or passage, verandah, fixed ·iplatform. plinth staircase, or door-steps attaQhed to, or with:in the compound. of. an exist~g bui lding or constructed on ground which iSf''tO be. the site or canpound of a projected. buildi g: (3) "bye-law" means a . a-law made at' a ###### special meeting of a municipal~ty in exercise of a power conferred by'this Regu~~tion; . Q (4) "casual vacancy"! tm,eans a vacancy ###### occuring otherwise than by f3'[ux of time in the office of a member of the M . 'icipality or any other elective oftice dOd cae '~l election means an election he Id to fill a caStral vacancy; . . r ###### (5) "Deouty CanmiBBioner'F. meene the Deputy CaDmissloner of the Andamon arld Nicollar Islands and . includes any other offi:cer specifically appointed by the AdIDinistrator~o Perfoim-all or any of the runct.fona of the ~puty, CaDmissioner under this Regulation in I relation to a Municipal i ty: ~ ~ " (6) IO'1iatrict" means ~the district, of ~ , Andaman end N tcober Islands; l' n,j " ~~ i' ~ , " _'r'_ ,- ., " . I, f i' , i ----- THE AHDAMAN AND NlCOBAR EXTRAOODINARY GAZETIE, DEC. 8, 1994 3 ~ - . `(7)` `"District Judge" MeHle,` `the` `District` :y `Judge of the` Andaman and Nicobar Islands: ###### , ., ###### (8) "drain" includes a sewer. pipe, ditch .• channel or any otber device for cerr mc otf sullaqe, sewage. polluted WGter, rain water or eub-eoi 1 water t.oqether with pai I-depots. ,traps • sinks, cisterns. fhlBh •.... tan)W and other fittings appertaining th~reto; !, (9) "Eloction c:a.iseion" meana the ###### Election. Coanssion of the Union territory ref erred to i n ~Ject ion 32; (lU) "Bl ect ton ec.miesioner" means the ###### ElectlOn Commi~3Sioner of the Union territory referred to in !~ction 32; (11) "exorcatve" has the meaning given to . 4 of ###### in clause (1) of section. 4 of the EKploeives Act. 1884 . . 1884: (12) "f~otory" means a factory OB defined. 63 of ###### in the Factories Act. 1948; 1948. (13) "tJfth" includee sewage, dung. dirt. ###### swil L putrid and putertying substances and all offensive matter: (14) "Government" means the GoveI1)]Dent of ###### Union territolY of the Andaman and Nicobar ``` Islands: ``` (15) ".Joint CoaBi ttee'l means a 'Joint ###### ca..nitt~e cone'c i tuted under section 19; (16) "i'nfectious or contaqiOUB diseaee" `includes` cholera, `leprosy enteric` `fever,` `emall` ``` pox, tuberculo9is, diphtheria, plaque, influanza ``` `and` `any` other `epidemic,` `endemic or` `infectious` `disease` which `the` `Administrator` `may,` `by` ###### notificaqon, declare to be an infectious or contagious djsea8e for the purposes of this ``` Regulation; ``` (17) , inhabitant" `in` relation to a `municipal` ~'ea `means` any perso~ ordinarily ###### residinq or carring on business, or owing or `occupying immovable property` herein. and, in case ###### of any disput", mean" any pereon declared by the Deputy Ccmmisllioner to be an inhabitant;, `(18)` `"land"` includee land. 'Which "is being ``` build upon or is build upon or covered with water ``` `benefits` `to` lTrive `out of` `land,` things `attached` \. ----- ###### --- ---- •..• I , THE ANDAMAN ~ NlCOBAR EXTRAORDINARY _GAZBTi~._ DEC. 6. 1994 4 ``` ----------- ~~-------- ###### to the earth, or permanently· fa.oo.cent \0 anything attached to the earth and drfvee. cr~ted by law or any street; i. ``` ,. (19) "layout" means a layout fpraed by. an ###### individual or body of person~. whether incorporated or not; :. " (20) "Licenced plum.ber" - . - "licenced `surveyor" ,` `" 1 i cenced` archi tect" .' " li cenced. ###### engineer" and "l Ioenoed struct~a:l designer" respectively means a person. lice_eced by the Municipality as pl\.lIDl>er surveyor J.''' architect, engineer or structural designer f: under this Regulation; r . ###### (21) "lodging house" includes)' a collection `of buildings` or a building or part {of a building ###### used for the accc~ation of travellers; (24) "znajo).' road" means any ISUrfaced. that ###### is to say metalled and motoraDle . public street not'constructed tJy or on behalf of a municipality out of the munic.ipal fund, which ~y be declared by the Administrator to he mainttiinable by the Andaman Pub 1 Ic Works Department; ; 1 `(23)` "market" includes ahy place where ###### pereons dBSeIIlble:. ror the ~le of, or for the purpose of exposing for sale, Ih;estock. food for f ###### Ii ve-stock , mee t • fish, f rui t , vegetal> 1 ee , ., flowers. anilWls intended for h'lman food or any \(" other articles of human food whatsoever. with or without the consent of the oWner of such places, notwithstcmding that there may be no .ccemon r~gulation of the ccnocuree of buyers and sellers `and whether` or `not` any `control` `~s` exercised over ###### the business of or the persona' frequenting the market `by the` owner `ot the` pla~e. or any other ###### person; ~! ( 24) "member" `means` fa member `of` a ###### Municipality; f (25) "municipal eree", means any area ###### declared under section 3 to be· a municipal area; (26) "notification" ~\nB a notification ###### published in the Official Gamtte:. ,'. y (27) 'nuieence" includes any ect , ani88i~n, ###### place or ·thing, which causes or is likely to cause injury, danger. ennoyence , or offence to the sense: of sight. ameU or hearing or disturbancH to rest or sleep or which is to may be dangerous to life or in j"'irious to heal th or ``` property; ~ ``` , I .1 ----- THE AHDAMAH AND NICOBAR EXl'RAaWlNARY GAZETIE, DB::. 8, 1994 5 ###### ------. -------------------- (28) "occupier" incluclee an owner in actual ###### QCmwati~ of hie own land or ~1ld~nq and GnY P$T9OIl for the time .being paying or liable to pay ###### to the owner .)t any land or building the rent qr any portion of tbe rent payable in respect thereof; and in Chapter VII includ. a hotel keeper. a lodging houee and any owner wbcee premises are let to aore than one tenant; (29) "·)ffensice matter" includes aniJlllls ###### carcasses, dung, dirt, and putrid or putrefying subBtancee other than Nwage: (30) "officer" in relation to a ###### Municipality means a person holding an office created or continued by or under this Regulation. but does not include a member as such: `(31)` ")fficial Gazette" `means the` Andaman ###### and Nicobar 151ands Gazette; (32) "=-wIler" includes the persoo for the ###### tiJlle beinq holding the 1 icence. permit or grant under the fmdaman and .Nicobar Islands(Land Tenure) Regulation. 1926 in respect of any land also the person for the tiM being receiving the rent of any 1 and or building. whether on his own account or as agent or trustee for any pereoo or - :/ society or for any religious charitable purpose ###### or who WOUld eo receive the !Jime if the land or bUllding were let to a tenant; `80 of` (33) "petroreua''. meane petroleum as defined `1934.` in clause (a) of section 2 of the petroleua Act, ``` 1934; ``` (34) "population" means the population as ###### ascertained at the last preceding ceneus of which the relevant figures have been publiehed; (35) "praliBl!le8" includes 1D888Uag'e8, ###### bUlldlnqa and lands to any tenure whether open or enclosed. whether built upon or not and whether public or privateJ (36) "prescribed" means prescribed by rules made under tl·is Regulation; . (37) "~'rivate street" means any street road _._ _J_ square court alley, paseage or riding path, which ###### is not a public street but does not include a path way madE-! .by the owner ot the premises OIl hie - own land to secure access to C1r the convenient tlfJe of such premises; `;.` . ----- ii 6 THE ANDAMAN AND NI~ EXTRAORDINAlriiGAZEITE. DOC. 8. 1994 (38) "Public .Health Offi~r" means the ###### Public Health Officer of . t~;~ Munic~p\\l~ty appointed under section 24: .I' '" ( 39 ) "ul P u 1 rc '1 P ace" means ~ Ilj prece in Go" mWlicipo.l ared not being private ~~Y. which `i5` open to the use or enjoyment of ;ithe, publ ic; (40) "pub) ic street" means ailY street in a municipal arM 'W'hich - ! ( i ) has • wi th the consent ~ express or ###### implied.ot the ~ner of the eite ~ thereof. been levelled. paved, metalled. ,channelled. sewered or repaired out of mWlicipal or other~,publ ic funds. or ' `(ii)` under t.he provisions of this Regulation DeCCQleS, or is declare<1 by the Mlflicipality to be, `a public` stJeet; , ( (41) "rateable value" means~the value of ###### ony building or land fixed in accOrdance with the provisions of this Requlation andlthe rules for ###### the purpose of e\SSessment to property tax; ~ (42) "rubrueh" mctudes dust:; eehea, !?roken ###### bricks, IOOrtar, broken glaaa. gar~en or stable" refuse and refuse of any kind f which is not offensive ~ttel' or sewage; , ~ .. (43) "ruro" means a rule ma~e in exercise `''v` ###### of a power conr err-ed by this Regulation; { t'· (44) "aervent " in ' reli!\tion to a Municipal i ty mt·1dIlB any person inc the pay and ###### service of the Hunicipality; I `(45)` "soHage" means night 59i1 and other contents of li'ltrines, urinals.: casspools or 'drains and polluted water from sinKs. bathroans. ###### stables. catt.Iesheda and other li~e places and includes trade effluents and ~achargea fram manufactories or all kinds; : i `(46)` "seHer"· means a cloe&.;i conduit for ###### carring of se\lage, offensive ma.tter. polluted water. waste wal:er or sub-soi 1 wat~r; (47) "street" means any ;road, br~dge." ###### foot-way lane. square alley or; ~age 10 a municipal area along which the public or any . portion of tho publ ic has a righ_t to pass and ###### includes. the w~ains. gutters on e,ither aide. and the land up to the defined bou~dary of any abutting proper~YI notwithstanding the projection t ###### over such 1 and of any verandah or other superstructure; I: ,. " , _r',_ i: ----- ras ANDAMAN AND NIC'OBAR EXTRAORDINARY GAZlrri'E. DB::. 8, 1994 7 ###### --,------- ---------_. `(48)` `"street` `a liqnJlll8nt "` **IIMnI!J** **a** `line` ``` dividing the land comprised and forminq part of a street from ond adjoining land; ``` `(49)` "eub-cce.ittee" JDeane a eub--callaittee ###### established under section 16; (50) "tax" includes rate, tee or cess levied or imposed by a Municipality under any of `the provisions` of this Regulation; (51) "trade `effluent"` means any liquid ``` either with or without particles of matter in ###### suspension therein 'Which is 'Wholly or in part produced in the course of any trade or indUBtry ``` `carried` on at `the` trade premises `and m` `relatioo` `to` any `trade` premiees means any such 1 iquid as ###### aforesaid wh ich is 80 produced in the courae of `any` `trade` `Jr` inquiry carried `on` `at` `those` ###### premises, but does not include domestic Be'Waqe; ( 52) "trade premises" means any premises ###### used for intended to be used for carring on any trade or indu3try: `( 53)` lit rade refuse" means the refuse of `any` ``` trade or industry; ``` (54) "Jnion territory" means the Union ###### territory of the AndaJaan and Nicobar Islands: ``` (55) "Vehicle" includes a bicycle, tricycle and motor car and every other wheeled conveyance ``` `which` is use1 `or` `is` capable of being used on a ``` public street; and • ``` (56) "~ater works" includes all lakes, ###### tanks, streams, cisterns, sprinqa, pumps, wells. reservoirs, aqueducts, cuts. etuicee, mains. `pipes,` outver+e , engines, `hydrants,` `stand-` `pipes,` conduits, and all machinery, lands, ``` buildinqs, bridges and a things for suppling or ``` `used for` supplyinq `water.` - . CHAPTER 11 ``` MUNICIPAL AREAS ###### Declara- 3. (1) Subject to the provisions contained in tion of .sub-eect ion (2) the Administr~tor may, by municipal notification, declare any area within the areas, district to be a municipal aree , and may, by like notification. extend contract or otherwise alter ``` `the limits` `of` `any municipal` area, `or may` `declare` ``` that any suc~ area shall, form a date specified 'by him, cease to be a municipal area: ``` ----- : ~ , TIlE ANDAMAN AND_NI_CO_BAA EXT.RAOiID I,_.NAR_;_~'i_, _,GAZJ$-+'_ _: 'r.1_IE_,_DBC__8._# ,._ _l_Sl94 __ ~ . ~ , . Provrded that"no such notif1Cd~ion shdl1 be lssued ::~. ~~t of the Pl'>~ir. - notiflC4tion - ###### t~ethor,with a DOt~oe specif~ni ~te after· WhlCh . that draft and the. 0 ~ ctiOll8:, end ###### suqgestlona of the persons 1 ikely lEo be affected the:z:-e~. wi 11 be taken into consid~ation by the Admlnlstrator haa been previously :published and `peeted` `at` `the ottice` `of.` `the` `Deput~` Ccmnissioner ###### an~ one or more conspicuous plaqee wi thin' or adJecent to the area concerned; andi , (i i) the c·bjections and sugge.etions of the _p_ pe~ ~ikelY to be . affected b)H the p:r:opceed ###### notlticatlOn received in writing ~ithin the date 80 specified, h~ve been taken into!!conBider-ation' by , t~ Administ.rotor Md nave :ooerj fOWld:by him ###### to be lnsufficient or invalid. ;- d (2) No notif ica.tion under s\ib-section (1) shall be issued il1 respect of - .:. :!: ###### (a) any place which has been ~eclared. by the Central Government 'under eectipo 3 of the· Cantonments Act, 1924 to be a Cantpnment for the purposes of tho tAct. or ,~ ~ O>} any area not hAving! an average ###### population 'ot five hundred inl1!iliitants to a square mile cal curat.ed in accordence with the latest otficial census: .~. ;1 Provided t hat the Administrafor may. having ###### regard to the f,QPulation of, the al;ea, the density of the populet» on tnerem, the re"ienue generated. fot' local adJjiniatration, the tpercantage of employment in non~gricultural (lctivities, the economic importance, or such othel';. factors as he may deem fit, specify, by notifitatlon. any such ###### municipal dre'l 0.5 an area fox: f,estahlishing a Nagar Pencheyat; or MUnicipal Counci l , as the case may. be. ~ 1, , , 4. ""hen. _I)Y_ reason of a nod f ; cer.Ion under ,F.ffflr:t of ###### section 3 th(~ limits of a muniCipal area are including extended to rnclude therein any other area, such other area other area, ahtlll thereby become' subject, to this in Municipal Regulation anti all notification.s. rules, bye- area. laws, orders. directions. issued or made there under and inforce throughoUt the municipal area, save in so far as the Administrator may otherwise. by notifi'cation direct. ,I , I ----- THE ANDAMAN AND NlCOBlR BXTRAORDINARY GAZETTE. DII:. 8, 1994 9 ###### 5.(1) When. by reuon of a notificatioo under Effect of section 3 the `llaite ot` 4 municipal area are excluding ###### contracted to exclude there fn:a emy area fOl1ling area fran part thereof. if the area 80 exclud.ed -ia municipal `immediately` `placed` under the control of `so.e` area. _ . other local authority such portion of the ###### . Municipal Fund and property ve8tinq in the Municipality Md INch portion of the liabUtiee `of` the Municipality `as` the Administrator `aay` ###### direct. shall be transtered to that otber local authori ty, or. if the area 80 excluded. is not iu:.ediately placed under the control of any other . " local authority such portion of the Municipal Fund and property v08ting in the Municipality `shall vest` in `the GoverJllD8l1t. and` such portion of ###### the liabliti~ of the Municipalities shall be transfered by the Government. as the Administrator may direct. (2) When . .by reason of a notitic~tion under section 3 any municipal area eeeeee to be a municipal aroa then. if the area ccmprised therein is il:.Qllediately placed under the control of some other local" authority, the Municipal Fund and property vesting in the Municipality shall vest in. and t.he liabilities of the Municipalit.y ###### shall be transferred to, such other local authority. or. if the area is not imediately placed under the control of another local authority. euch fund and property shall vest in the Government and the liabilities of the Municipalities shall be transferred to the .: Government" `6.` `All` property `vested` `in` tho Govern.tnt Appli call on ###### under section 5. shall be applied under the of property `ordera` `of` the `Administra~or` `in` `the` `t~ret` `place to` vested in `discharging` the liablitiee imposed on the Government. Government under that section and in the second ###### place for the promotion of the safety health, `welfare` `or convenience` `of` `the` inhabitants `of` the ###### area which haS ceased. to be, or as the case may be, to be the part, of the municipal area. CHAPTER III MUNICIPAL AlITHORITIES. OFFICms AND SERVANTS - ###### 7" The Adnnnistrator shall :by,notification in Constitution the Official Gazette. constitute for- every of MuniCipa- '>. lities. ###### municipal area a Municipality. ``` Municipality ``` `8.` Lvery Municipality constituted under ###### section 7 ahe.I l be a body corporate having to be a body corporate. perpetual succ~,esion and a CoaIOO aeal and ahal L subject to such restrictions and conditions imposed by or vncer this Regulation or under any ----- r ' ~ . THE ANDAMAN AND NlCOBAR EXTRAORDINARY ~:frE. DEC. a. 1994 lO ###### other for the ti~ .being .in force anh shall have. }X.'I'IIIer to acquire. hold; adlQinister: 'Md transfer ###### property both movllhle and isDovo,ble land to enter - ###### into contract· and shall by the said name sue or - to be sued , t ###### 9. (1) Save as provided in ~~tion .(2). Canpoeition all Beats in e Municipality ahall filled. by of Municipa- *' persona choeen by direct electi~ fran the lities. ter;ri torial conet i tuencies in the municipal area and far this purpoee each ~icipal': area shall .be di vided by the Election Ccarll.ission, into territorial conat.Ltuencfee to be knOwn as 'Wards I in such manner that the ratio ~ between the population ot each ward and the n~r of seats e l Iott.ed to it nilall. eo tar as practicable. be the same through)ut the municipal area: Provided th,~t the total number of such members shall not be lese than ten; and not more ###### than twenty five ' (2) The following peraona shoU be ###### represented in e Municipality. naIDEdy :- (a) no..L.um_e than three p8mlS who 'ere not less thaIl25 y€:ara of age andwno-- have special knowledge or experience in municipal ~ ###### Administration to nooinat.ed by the Administrator \ , f ###### Provided t-n.at the persons ~pminated under this clause sh~ll not have the' r~ht to vote in the meetings of the Municipality:; I (b) the member ot the House of the people representing t.ne const muency "fnich canprises ###### wholly or partly. the municipal aijea. 1 (3) Seats f1l'Jall be reserved f<)r the Schedulod Tribes, the nUDll:>er of such seats ~~inq determined by the administrator. by order to: be publ ished in the Official Gazette and the nWlLi)8r of seats so reserved shall bear. as nearly ~ may Do. the same proport i.:m to the total num'Der of seats to ###### be tilled by direct election in t.hat Municipality as' the population of Schedules \ Tribes in the municipal er ee bears to the totajl population of that area and. such seats shall':be allotted .by rotation to d i f ferent, wards in tJ~e Municipality. (4) Seats shall be resw';ved.,: for wanen ###### belonging the Scheduled Tribes i:lIlongst the seats reserved for the Scheduled Trii>ef1, the number of such seats betng determined by t~e Administrator. by order to ~~ published in the ()tficial Gazette which shall not be Ieee thon o:7le-tbird 'of the total number of seats reserved tor the Schedule Tribes. ' j' i: ----- 11fE 'ANDAMAN AND NICOBAR .EX'IRAaIDINAHY GAZBITB. 'DB:. 8, 1994 11 _- `(5)` Seat..3 shDll `be reserved tor` 'Wallen. `the` " `nwabe~` `of` such seats being `deteriained` by the `AdminlstratOI'` `by order published` in `the` `Official` `Gazette.` which shall `be not` lese `the.n` `one-third` `of` the `total` nUll.ber of `seats and such seats ehall` be `allotted` by `rotation to different` `wards` in ``` such manner in this AdJDinistrator may, by order, published in the Official Gazette. direct in this behalf. ``` `Duration` 10. (1) `Every` Municipality, `unless` `sooner` `of.Muni-` dissolved. under `any` `law for` `the time` being `in` ###### cipality. ``` force, shall continue for five yeare. tree the date appointed for its first meetig and no lonqer. ``` (2) `NotWithstanding any thing` contained `in` ###### sub-section (1) , the elected. and naninated. ``` members of the Board functioning immediately before the coming into force of this RegUlation shall continue to be members till the ``` `expiration` of the `term prescribed.` `under section` 9 or `the` AndtllDdll `and` `Nicohar` `Islanw,(Municipal` Boards) Regulation, 1957 ~ it stood. .before its ``` repeal. (3) An election to constitute a Municipality ``` she 11 `.be` comp 1 et.ed , - ``` (a) .before the expiry of ite duration ``` `specified` in `sub-section(l);` ``` (b) before the expiration of a period of six ``` months fran the date of, `its` dissolution, , . `ProviQed` `that` `where the reminder` of `the` j `period` `for` which `the diesolved` `Municipality` `would` ``` have continue~, is lese than six monthe, it shall ``` not `be neceesary` to hold any election 'under `this` ``` sub-section fQr constituting the Municipality for ###### such period. ``` l4) `A M,.uucipality` `constituted` upon `the` ``` dissolution of a Municipality before the ###### expiration of its duration shall continue only far the remander of the period for which the diesolved Municipality would bGve continued under ``` `sub-section(ll` had it not been `90 dissolved.` ``` Hesignation 11.(1) A nember may resign hie membership, in ``` of `mem-` `writing.` `un-ier` `hie` hand addreB6ed `to` `the` `bers,` `Chairperson and a seat` ehall becoee vacant `on` `its` ###### . , acceptance by him. (2) A person ncennet.ed .by `the` Administrator ``` under clause (a) of aub-eectioc (2) of section 9 ``` `may resiqn` in `writing under` his hand addressed to ``` the Administrator, through the Chairpersal, and ``` he snaIl `cease to represent` `1n` `the` `Municipality` `on` `the` `acceptance` `of` `his` `res:lqnation` by `the` ``` Adminisatrator-. ``` ----- W I ~ it ;' .__12. __ 11iE ANDAMAN _ AND N.ICOliAR EXTRAORDINARY . ,_'_~GAzE'rJ rE. Drx=. 8. 1994 _ (3) If tor a period~.o(,Bi;rty cl4~ a ~r or a, pernon n~jnatQd by tho A@inist='rator under clilUS6 (al ot sulr-aoctioo (2) of sedtioo 9, i8 'without permiesjon of the . Munici~;lity . a:beent freeD all meetinqa thereof the Muniqipality MY ###### declare hie seat vacant. ' : I t .Provaded that in cccputinq the ~~d period of ###### sixty days no account shall he t~en of any period. durinq whic'h the Mtmicipality ~is adjourned , for more than four coaeecut.ive QQYB~! ,I . ; ~ ###### Provided further·that he shall ~be eligible ``` tor re-election. if otherwise qualitied. . ``` , i' ( 4) If a member becceee sub ject `t:o any of` the `disqualifications` `mentioned in` B~ction (1) or ###### eub-eect ion (2) of section 12, hi~~ seat shall thereupon become vacant; f Diaqua.lifi- 12. (1) A person shall be di8q1fdlified tor cation I heing choeen aEJ,and for being ,a~. member of ###### member- MuniCipality or to be nominat$d by the ship. Administrator under clause (a) of sub-eect'ion (4:) of section 9. - j; \ (a) if he holds any office or Profit under ###### the Government of India or the Government of any r:State or Union Territory in the First SChedule to ###### the Constitution other then an offic.~ declared .by Parliament or the Leg~slature of tq4t State or that Union Territory by law, not to I disqualified its boldeers ; r . ! (b) if he is of unsound mind e,ri.d stands so ###### declared by a ccepet.errt court: . i, `(c)` if `he` IS and discharged `insolvent;` /; (d) `if` `he` is `not·` `a citizen` of~India,or has ###### voluntarily acqujred the citizenship of a faregin State .or is . under any ,acknowledgement of alleqiance or adherence to a foreign State; `(e)` `if` he hc~ beinq `convicted` ~y a `criminal` ###### court tor _ r r , ,~ (i) on otfence punishable under the Protection ###### of Civil Hights Act.1995 unless a j::>eriOd of six years has elapsed from the' da:;,,-e of such t conviction ;' ~ , ![" Provided tM.t a dlsqualificati:t;.n under this ###### clause shall not. in the cese of a ?arson who 00 the date of the conviction is a ~ member, take effect unti 1 three months have elap'~ fran· that date or, if wit hin that period,;an appeAl or . ij ----- , , TIlE ANDAMAH AND NICOBAR EXTRAORDINARY:G1ZBTI'E, DK:. 8, 1994 13 ###### appl i cat ion for revision is brought in respect of the convact.ico Wlti 1 t.llat appea.l or appl ico.tiCXl is disposed of by the court: `(ii)` any other offence and sentenced to ###### i~riaonment far a term exceeding six months,Wllesa a period. of 008 year has elapeaed `since the e~~iery` of this sentence;' `(f)` `if` `he` `has directly` or indirectly any share ###### or interest in any work done for the Municipality or in any contract or aployment. with. by. or on behalf of, the Municipality; Provide-d that no person shall be deemed .. to have a shore or interest in any such work. contract or eaployMllt by reason only of his- ( i) nev ing `a share` in any coapeny or `firm` vhi ch ###### may contract with or be eaployed by or on bebalf of the Municipality, or (ii) hevanq a share or interest in any newspaper `in` which any `adverti~nt` releating to the ###### affairs of the Municipality ma)f be msertea, or ( ii i) nev j ng a share or interest in any 1 eaae , ###### sale exchange or purchase of immovable property or any agrenaent for the some, or ,/ (iv) ha\ing a share or interest in the ###### occasiqnal sale to the Municipality to a value not exceeds ng two thousand rupees in anyone `financial` year.of any artical `In` which he trades; ###### (g) It he has .been dismised fran the service , ' under Government for corruption or disloyalty to ###### the State (,r fran service any Municipality for corruption unless a period. of three years has ``` elapsed since is dismissal ; ``` (h) if he lS so disqualified by or under any. law ###### made by Par 1 iament for being .cnoeen as. or for .being, a men~r of either House of Par 1 iaaent : Providec. that no person shall be disqualified `on` the qround that `be` `is` `lese` than t'W~nty-five ###### years of etge. if he has attained the age of twenty-one years. Exp leneit.fon: - For the purposes of this sub- section a person shall not be deemed to hold an office of pr~it under the Government of India or the Government that he. is a Minister either for the Union or for euch State or in any Union Territory 01' that he is a member of the House of the people. ----- ###### 14. THE ANDAMAN AND NICO.BAR EX1'HAORDINARY ; <1 ,iAZE'ITE. DOC. 8, 1994 (2) A Person SMU be disqw:dii'ied tor .being ###### a member it he is ditsqUlllified tor fpe1ng a member of either House 9t Parliament 'und$):r the Tenth Schedule to the Constitution. i : (3) No `pereon` is in the service of " Gove:rnment shall be eligible tor ~ing elected ...• as a mem.ber. ###### (4) It a quastion arises as .to whether a `member` of a Mun.icipality .nea beccee subject to any disqualification mentioned in BUb-Bection (1) ###### or suh-eection (1) of section 21' the question shall be refered tor the decision of the ``` Administrator and his decision shall be final. ``` , `(5)` Before `giving any decision on,` any `such` `question.` the `Administrator` shall `obtain` the ###### opinion of the Election Canmission. and shall act according to such opinion. 13. (1) Vac;mcy occurring by' reeeco , of the filling `death,` resignation, re&oval or vo idance of the `casual` `election` `of` `an` `elected` `member shall` be `filled at` `vacancies.` ###### a casual electi~n: Provided that m the case ot :'1 seat reeerved for Scheduled Tri.bes, a person shall not' be so que l ir ied un lesa he is a memJ:>er ,;:)f a Scheduled ###### Tribe: ~" '\,., . 1 ###### Provided further that in t~~e ceee of seat `reserve` `for W{lDaIl` no person oth('!r thon `a` wcman ###### shall be qua l ir i.ed to be chosen as a member. (2) In th'~ ceae of a casual ~ vacancy in the `office` `of` a nJminated person. the Administrdtor `may nominate` `anoth~r` person in his pla~e. ; ###### Election (3) No election to fill casu~l vacancy shall of Cha~r- be held if tne vacancy occurs :w-ithin six months `person.` before t'he `expiry` of the d.uration of `the` ###### Municipality E!fflux ot time of ,the term' of office of the memoeru. 14. ( 1 ) 1\3 soon as may be after its `constitution.` `every` Municipal~ty shall, at. a `special` meet inq , `e lect` `one of` 'its `member,` fran `amonq` themselves, `to be the Chairperson` `of` `the` ``` Municipolity. ###### (2) The term ot office of a; Chairperson ahall ``` be one year `from.the` `date of` `hi~ election or` `the` ###### residue of the term of the Mt:.nicipality, which ``` ever is less, ``` , ~ ----- (3) The office of the Chairperson ehall be ###### reserved for the first year of the Municipality in favour of a member who is'a woman. (4) On the occurrance of any vacancy in the ###### office of the Chairperson or the Vice- Chairpereoo, the Municipality shall within one mooth of the Occurance of such vacancy elect one `of` its members as L'ha i rpereon or `Vi ce-<llai rperson` ###### as the case may be . . ' (5) If the vacancy be a ceauat vacancy in the ###### offi,c::e clf the Chairpereal and is reserved for a WCGan, t he vacancy shall .be filled by electing one of the members from amongst women, ###### Election 1~ Every Municipality shall. at a special of Vice- meeting, elect ooe or two of its members to be Chair- the Vice-G~airpereon or Vice-C~dirpereons and may person, by resolution requlate the precedence of the Vice-C~a)rpersonB, Term of 16. (1) The term of off ice of a Vice- `Oft ice of` Ch-":irperson shall be one year fran the date `Vice-` `of` his election `as such or till` he oeaees to `be a` (""hair- member of the Municipality which ever is earlier, / ###### person. Resiqnation (2) A vrce-cne trpereon whose term of office or ramo- has expired, shall, if otherwise qualified, be val of eligible for beinq re-elected, as such. Chair- // f (~ '.' person or `,11.(1)` The Chairperson may resign his office ###### '. . Vice-chair by-~writinq under his hand addressed to the person, ,.' Administrator and the Vice-<...llairpereon my resign , . ./ hiB office by writing under hie hand addreeeed to . ' the Chairoereon . , ' (2) 8very resignation under sub-Section (1 ) ###### shall take effect from.the date of its acceptance by the Administrator in the case of the Chairpe~)n and by Municipality in the case of a Vice-Cihairperson. (3) [he Chairperson or the Vi'ce-Chairpereon ###### shall vat:::ate his oft ice if he ceases to be a member. (4) A motion of no confidence against the ###### Chairperson or Vice-Chairpersons. may be moved by any member at a special meetinq convened for that purpose: Provided Umt no such special meetinq shall be, convened except in accordance wi th Bub- ###### sect ion (!)). ; . ----- 16. THE ANDAMAN AND NlCOBAR EX"ffiAQR1)INAR~ GAzEnE. DB:. 8, 1994 t (5) A `requisition` `for` `a special 'J.eetinq` she l l :pe, `~de.` `by not` `less than one fifth '4f` `the` `total` ###### ~~ Qf tn~ Ml,lPjq1'~hty ,~d ~ sh~ll ;be `dellvere~ t9 the Chairper-ijO~,` i (6) On `receipt of` a `requrai t ion i` `under` suo- `section` (5) `the Chairperson ahall` `~ithin` `seven` ``` Uays of ita reGeipt convene a specia~ meeting , of ``` `the Municipality.` l i It (7) `The special` `meeting shall` i~ `'held on` `a` ``` day not later than fifteen days fromlthe date of ``` `issue ot` `notice` of `the meeting.` ! (8) `The special` `meeting shall` :be `presided` `over` `hy` `the` `Vice-chairperson` `if` `th~` `motion` is ``` aganiat the Chairperson and by the ~Airperson if ``` `the mo1...iol1` re `o.~eun6t` `the Vice-{""hair~rson.` 1, :' (9) If `the motion- is` `carrie~ ~i'` 0. `majority` ###### of 'the total number of members at 1the special `meeting.` `the` `chairperaon` or `~the` `Vice-` ``` Chairperson, as the case may be ~ s'hail cease to hold office fram the date an which the motion is carried unless he has resigned earlier. (10) If the motion of no confid~nce against the Chairperson or the Vice-ch6irperson is rejected,no fresh motion of noi confidence 6gainst him shall be brought 'Ibetore the Municipality during his term as 8ucn~ ``` ~ i `C.` `Sub-Committees` I ``` 18.(1) There shall be the fqllowinq Sub- Appoint- ``` `ment of` `Committees` in `the MW'lcipal ity ,namely :; ..` `:` `-` " ``` suD-comm- ``` `ittees.` t a) `sub-committee` `for` f inAnce. `taxation` I `and accounts.` , , (b) `sub-ccemi ttee` `for publ i(~` `health and` ``` sanitatlon. ``` (c) `sub- canmi ttee` `tor` vorks , `town` ###### planning and imprcNement. (d) `sulr-c('mm~ttee` `for water ~.~' orkB.` ;.' 1 , `(0)` `sWr'CaIlDlittee` `tor` eduj cet ion `and` `.` `social` `justice.` "., p (2) `Each su.b-ccmmittee` `shall` conaret of `five` ``` ~rs 'of the Muncipality elected ~t its first meeting after ttJe general election land at the ``` `first` `meeting` In `the` `same` `montll,` `in` `each` ``` succeeding year according to the principal of proportionate representation by m.oans of the sinqle transferable vote. ``` ,,' ----- ###### ras ANDAMAN AND NlCOBAR F.X"ffiAORDlNARY GAZETTE. DR:. 8. 1994 17 (3) The Chairperson and the Vice-Qlairperson ###### shall be ex-off ice members of all the Sub- Coomittees bllt they shall not have the right to vote. `(4)` The term of office of the meabers of the ###### sub-oommittees shall be one year frca the date of their election: Provided that a person shall cease to be a member of the sub-canmi t tee if he ceases to be a member of the Munic;ipality or if he absents himse~f without the permission of the sub- committee for three consecutive meeting of the sub-cCGIIlli t teaf' . (5) When! a casual vacancy occurs in the ###### membership of a sub-committee it shall be filled by the MunicJpality by the election of another member. The persons 60 elected shall hold office only 80 long as the person in 'Whose place he is 1(.' ###### elected WOUld. but for occurence or vacancy have held. (6) A memler of sub-committee may resign his ###### office at any time by notice in writinq addressed to the Chirpereon of the sub-committee " and take delivered effect from to him and the date such resignation on which it ahall is ###### accepted. (.'7) Each sub-camoittee shall elect one of its ###### members as Cha rrperson . (8) 'The :"'1lairperson _at_ the sub-ccaaittee ###### shall hold office until a successor is elected but shall be eliqible fpr re-election. (9) Notwi shstanding the provisions of sub- ###### section (6) the Chair person shall vacate his of flee when he ceases to be a member of the sub- committee. (10) it ,lilY casual vacancy occurs in the ###### office of tht3 Chairperson the aub-ccamittee concerned shall. atter the occurrence of such vacancy elect one of the members to fill such vacancy and 4,very persons so elected shall continue in of:': ice so long as the person in whose place he is el~cted would. but for the occurrence of the vacancy have hold. `D.` Joint Committee 19. A Munidpality may concur with any other Joint ###### Municipal tty. ')r with more than one Municipal ity Committee. in constitutinq a joint Committee for any purpose ----- .-18. THE AlWAMAN AND NlCOBAR EXTRAOODINARY Gi~1'1'E. DEC. B. 1994 ###### in which they are jointly interet:lt.ed and in delegating to any such joint cccmnitt(;~ any pcMlr Which mi~ht be exercised by-either or' any of the MWlicipal i ty concerned. ' Provided that no joint committ~e ahall be ###### appointed in purauence of such; conCurrence without the prevlous approval' of the Administrator. E. Oath of Al.legiance: `.20.(1)` Notwithstanding anything ,contained in Oath or ###### the Oath Act,1969 every person who :~B elected. to affirmation be a member of nonlinated under cl eunef a) of au.b- by .metiiliers. ###### section (2) of oo(:tioo 9 shall befo:';e taking his seat. make at the meeting of the Mui1icipality, an oath or affirmation of his olleq.iance to tne constitution in the following form naI!)ely :- ill. . . . . .. having being elected a member or noodnated under clause (a) of sub-sect ion (2) of ###### section 9 swear in the name of' God solemnly affirm that I will bear true faith,~~nd allegiance to the Constitution of India. am;. that I will faithfully discharge the duties ul~n which I anI about to enter". :: ~ (~) Any person who having bein,~ erected as a member or naninated under clause.r (a) of sub- ###### section (2) of section 9 tails tc make in three months of the date on which is ferm of otfice commences or at one of the first~three meetings ###### held after the said date, whichevElr is later, the `Odth or affirmat~on` laid down in :sub-section(l), ###### shall cease to hold his office and his seat shall be deemed to have beccee vacant. ' (3) Any person who has been: elected as a member or naninated under creuse (a) of sub- ###### seotion (2) of 88ction 9 shall n~t take his seat and meeting of `the Municipality` c~ do any act as ###### such member unless be has ma:<;e the oath or affirmation os laid down in s~jection (1). j - ( 4) Notwi thstanding anyth~ng contained. in ###### suo-eect.ion l2J) a Chairperson. V~ce-chairpereon of the Chairporson or a mett¢>er of a suD- ccemt.tee . who has not made} the oath or affirmation as a member shall not, be entitled to act as such ':hairPerson, Vicei...chairperson, or member. I·1 I: I! ~ ###### I , I - J . ~ ----- THE ANDAMAN ANlI NlCOBAR EXTRAORDINARY GAZETIE. DEC. ~. 1994 19 ``` --------------------.-------------------------- ``` .I:" - `Declaration` `of` `Assets` `etc.` - ~ .' `J.)eclara-` 21 ( 1). `Every` `meaber` snaIl, `not` `later` `than` ``` tion of thirty days atter making an~ subscribing the oath ``` `assets.` `or` `affirmation` `under` `aub-saction` `(1)` `of` `seat` on ~ 20 `and` `lJefore` `the` `last` `day of` `the same` `month` `in` `each` `succeeding year` file `with the Chairperson` `a` `dec laration` in `such` fom `as may be` `prescribed` of `all` `the assets` `owned.` by `him and any member` `of` his ``` family and such declaration shall form part of ``` `the` recor-ds `of` `the Municipality .` . ' " (2) 11 `person` `shall` `be` `disqualified` `for` `being` ###### a member - (0) `if` `he` `fails` `tc` `file` `a` `declaration` ``` reffered to in eub-eection (1) or ``` (b) `if` he `files` `a` `declaration` `under that` `aub-aect xon` `which` `is` `either` `false or` `which` he ``` khows or believes to be false. . Explnnation -- For the purpose of this ###### sect ron "tamily" means a spouse and dependent ``` `children` of `the` `member.` ``` G. Offlcers and Servants ``` `Secretary` 22. `J~very` `Municipality` `ahall` `have a Secretary` ``` of the who shall be a Whole time employee of the ``` `Munici-` `MuniCipality` `and` `shall` `be` `appointed` by `the` ``` pality. AdminiBtrator. ``` `Remuneration` 23. `The` `pay,` `allowance` end `other condition` `of` `payable` `service` of `the Secretary` et.~ll `be` `such` as `may` be . . :. . `to Secre-` prescr ibed . ###### terv. `Appolntment` _G4. ( L) A `Municipalit.y` `may,` by `special` `of` `Public` `r-eeo lut ion .` `and` if so `required.` `by` `the` `Health` `Administrator.` `self` `appo:nt` `a` Public `Health` ``` Officer Officer. an Engineer or a Water-works or and Electric~l Engineer. Engineers. ``` (2) `Each` eucn `appotntnent,` `and the salary` `an` / /' `other cJnd1tions` `attachir.g` `thereto` `shall` `be` ``` subiect to the approval of the Administrator. ``` ; . ###### (3) If a MunlCipality,when required by too `AdminIstrator` `to` `do` eo `fails` `within` `the` ``` reasonable time to appofrr; any such officers as aforesajd. the Administrator may appoint him and ``` `any offlcer` `so appointed` sh~ll `be` `deemed` `to have` ``` been ap~ointed by the MuniGipality. ``` 2!:J (1) if `an` otr icer `or` `servant` `of` a ``` Pension MunICIpality is a person in the service of leave Goverment.the Municipality shall.-- allowan- ces and ``` ----- : :1 `20.` THE ANDAMAN AND NlCOBAR EXTRAOlIDINAR't "GAZETI'E; tee. 8, ~994 1 ###### -------- .! :1 ###### provid.ent to.) it his services are whqllY lent to fund. it, contribute to bis pension. gratuity and leave allowance in accordance with the lTv-les tor the time being governing his conditionE) of service under Government; end r. " (b) if it devotes a part of hi~) time to tne ###### perroneence of duties on be~lf of a Municipal i ty', contribute to his pe~ion ,gratu'i ty and leave o.llowo.ncea in such P19porf..ion as may be determined by the Administrator. ~ , ~ `(2)` `In case` `of` an Officer or s~rvant of the ###### Municipality who is not a Governmen~ ofticial the p Municipality `may subject to` such 90nditiona `as` 'the Administro.tc'r may by rules prescribe,grant ###### him leave .ereentee or acting allow~'1ce and,- , 'Ii ###### (a) grant hiDl gratuity on retir~ment;or Cb) eatebt rsed and manitain a :' provident or ennu i ty tund and coept e him to contribute ###### thereto; of (c) where such a fund has not being ###### established or where such turid has been establlahed but he has been contri:Quting there to for less than bo whole of his'seriive grant him a pension or gra'Cuti ty or purchase .or errenqe for- annuity for him l)n his retirement. ': ' - :1 ###### (3) If the senctdon of the .1~dministrator .e Municipality may grant a ccepessronate gratuity 'or grant or errence for the p~chase of an ###### annuity to any Officer or seI1vant injured. otherwise tho.n tty reason of his o{m de~aul t in the execution of his duty or where such 'injury resul ts in his death, to the wid~':W ,chi Idren or other relatives dependent on him. ~ ~, (4) Where an officer or setvant dies in ###### circumstances other than those raftered to in sub-eect ion (3) , the MWlucipalit~ maY"with the sanction of the, Administrator' ~ant a compassionate uratUlty to the wldfw,chlldren or other relatives dependent on him. f `(5)` `A` pension, gratuity, or annuity shall not ###### exceed the sum to which under any !rule or general or special order. made by the Cent~l Government, such officer or. servant or his family would De enti tled if th~ service had been ,se~vice under Government. `(6)` `Nothinq` in `this` `Regulation` shall be ###### deemed to prohibit the establisw;nt of provident IWld for officer and servants ot the MWlicipality at such rates and under such concitions as the Municipality may,by bye-laws fiX' and apportion for such perfor'mance. ----- THE ANDAMAN AND NlCOBAR BXTRAORDINARY GAZHTTE. DEC. 8, 1994 21 ``` ------.--~--- ------------ ``` 26. (1) If the person servinq or having served Pension etc .. under a Municipality has .b&9n or transferred from in caee of ###### or to the service of GoveTJUDent or is partly service part 1 employed by the GovernJllen':. and partly by the under govern- Municlpallty. the Municipality shall contribute JDent and to his pension and leave allowances to such partly under extent as may be required ''1Y any rules made by Municipality. the Government concerned in this behalf. `(2)` `The` `Municipality` `shall` not,say `with the` consent I)f the `Administrator dispense` `with` the ###### services of any person employed as aforesaid `without` 'living `the Admin~strator` six months ###### previous notice. 2.7. _U)_ A Municipal ity may, I by special resolution Punishment and not I)therwiee, pun ish, diamiBS or remove its disu,isaal etc `PublIC` Health Ufficer or Water Works or `of` `the` publlC ###### Electrical Engineer: Health Office] and Engineers ###### Prov ided that no such reoolution as aforesaid shall be purposed until the officer concerned except when he is to be punished, diSlflieseci or removed .)n the ground of his conviction on a `criminal` charged has been given a reaooable ###### oopurtunityor shewing caWle against the action `proposed ':0` be taken in regnrd `to him:` ###### Providel!' further that where the officer concerned is in the service of Government and his vv ' eervices have been 'Wholly or partly lent to the ###### Municipal ity, no sucn reeotut ion as aforesaid in respect of him shall be prol~ed. except with the `previous` `~ction` of `the ACUlinistrator or of` the ###### head of h is parent lJepartJner..t as the case may be. 'I ###### (2) A res.)lution punishing ( iSlliesing or removinq `any` `of` the `aforesaid` 'officers `shall` `be` ###### ccmmunicated to the office)- concerned and shall not take etfect until the oxpiration of fifteen days fro~ the date when the communication ~as ###### served on him, or, in the event, of an appeal .b~nng tiled by him under sub se"tion (3) until the appeal is decided. t3) Any of the aforesaid officers may, within fifteen deya ot the recexpt of notice of a resolution of punishment, d:-,emiesal or relDOVa~, appeal to the Administrator thrOUgh the Chelf Secretary and the Admlnistrntor shall there-upon either allow. disalloW, or vary the punishment. . . dismissal or removal . (4) On receivlnq an apPeal under eub-eectioo (3) the Administrator if he tb:nks fit suspend the off icer concerned pending Ithe decision of the appeal. ----- ###### J ``` 22. ``` 1lIE ANDAKAN AND NlCOBAR EXTRAOODINARY J'J:.TfE, DEC. 8, 1994 ``` ------------~ff~------.--~-------- ' ``` " (5) The Administrator shall have ~l1thority to, ###### requfre in accord4n,w:,\dth. J}x. ,', procedure laid down `1n` the section the `di~jB8dl or.` removal of `any` of `the aiore3aid` officers `in` `the` cose of ###### proved incanpetence. . 26. Subject to ·the proviarcoa to the ~ployment .. regulation~ and the rules and by;B-law made J of other off- - th~~eunder a Municipa~ity may employ: such other cera and offlcers and servants be)onging to group(c) & (d) servants. category ot the et r icent execution or: its duties (---- and may asaiqn to uuch officers and s~rvants such pay Md allowMce as it thinks tit ';; I ###### Provided .!hat such apPOintment:: should not fi exceed that the eenct ioned strength as per the' Budget approved by the AdJIlinistrator., , t `29.` `No Buit shall` be `maintainable` `against` `any` `Protection of` ###### officer or servant of a M.uniciparity or any action taken member. or any person Acting Wider tne direction in good. faith. ``` of Buch officer, servant or member in respect of ``` `any thing a good` fuith `done` under `the` `H~lation` ###### or any rule or bye--law made thereunde~. PrOVided that every such persC~ shall be liable for the 1005, waste. or mjsapi}llcation of `any` `IDOney` or other property OO10ng;'ing to the ###### Municipality if sucn 1085. ~. wdBte or `mi~pplication` is a direct consequ~nce of the `neglect` or misconduct `in` the `disc~;rge` of `hiB` ###### duties under thi!3 Regulation: and ;a suit tor canpensation for the same may ~ instituted ###### against him by the Municipality with ,sanction ot the Deputy Commies ioner or the Admin:i.strator • . 30. Every member and every Munic~pal O..fficer Municipal ###### and servant shall .be deemed to be P\ll?lic servant officers to within the meanin'~ of section 21 o~ j the Indi4!Lll be public ``` Penal code. ' servants. 31. It any I"iunicipdl Officer, or eervent Penalty for ``` `Knowingly acquires,` `directly or` . `iniiirectly,` by acquisition "himself' or by partner or employer' .or eervant., by Municipal ###### any share or interest in any work dqne for the officer or Municipality or in any contract or employment servant of with. by or or behalf of the Munucipality he interest in `shall` he deemed to have `OCGIrltted` an offence `contract or` ###### under section 168 of the Indian Code~:' work. I ###### Provided that no person shall. ~:JY r eeson or being a. saare-nclder in, or a lDember of . ~y company, they held to be rnt.ereated in any contract entered tn to .between such ccepeny and ~lhe Municipality. l' " ~: ----- TIlE ANDAMAN AN) NICOBAR EXTRACfiDINARY GAZETIE, DB:. 8, 1994 23 ###### ---------- CHAPTER IV EJ..E(.7I'')NS A. Munj ctpal W4rdB. Elec':oral Rolls. Voters and ###### Gandltates tor Election.~ Superin- 32.tl)' The Superintendence. direction and tendence. control ot the preperatton of Electoral Rolls direction for. and the conduct of all elections to the and cont- MunlCipalities shall be 'rested in the Election rol of CccDmission eppomt.ed unc.er section 185 of the election. Andaman and Nicabar Islands (Panchayats) Regulation, 1994, and th~t Election Calmissioner , .• .1. appointed under the section shall be dee.ed to be ###### the Election Commissioner for the purposes of this HeQulation. `(2)` [he Administrator shall when so requested ###### by the Election co.mission make avaliable to that I commissivn such staffs which the Administrator " consider;3 necessary for dlscharge of the tunct.ron ###### conferred of the Election CaIIIIission by sub- aection( l ) . MuniCipal 33.(1) for the purpose 3 of Election to a wards. Municipality every Muni,::ipal area shall be ulvided into 6inq1e member wards in euch manner that th\'3 population of ea::h ward B~ll, 90 far as prac ,:icable be the ::3aIIIe through out the Municipa ( area. (2) i'he Electloo CaleilJ8ion shall, by order ###### Publish~l in the Official nozette determine.-- \ (a) i.ne number of wardJ'1; I ###### . ' `(b)` the extent of eachiward; 1 t c) the wardS in Wl)I lCh seats shall be ###### reserved for Scheduled Trii~; l d) t'oo wards in wfjich seats shall be ###### reserved for woman; and ) (. e) the DIdllner in whic'h seats reserved for ###### Scheduleo Tribes and woman 'shall be rotated . ., ; , (3) For every Municipal ",ero their shall be an ###### ElectoraJ Roll which SM 11 'be prepared and publ ishEX\ every year under. the Superintendence, directior and control of the Election Commiseion on and shall contain such particulars in respect of the votere as the Electi on Camnil!!l8ion may fran time to time direct: " . -. ----- 24. 11iE ANDAMAN AND .NlCOBAR EXTRAORDINARY GAZErrE, DEC; 8. 1994' ``` Provided that the Election Commission may. by notification direct that no new Electoral Roll ``` `fgr` MY `Munici~~` `W~d` `shall` `be.` `pre~f)d` 'and ``` published in any particular year, and that the Electoral Roll previously pubtished shall continue to be valid until the new Electoral Roll is published. ``` `Qualifico-` 34. (1) A `person` `shall` `not` `be deemed` `to be` `a` ``` tlons for voter of a Municipal Ward unleaa he ia ``` `reqietra- registered` as `such` `in` `the` `Electoral` I `Roll` `for that` ``` tion as ward. voter tor ``` `candidates` (:2) `Sub ject,` `to'` `the` `.` `provisions'` `of` `this` ``` in elec- Requlation and of any other· law for the time ``` `tions.` `being` `in` `force,` Every `person who -` (-a) Is a `ci tl zen of` `India,` ``` (b) has attained the .age of 18 years on the ``` `first` day `of` `January` of `the year` `for` `which` `the` `'Electora.l` `Roll` is' `being prepared,` `and` `(c)` has the `requisite qualification` `in` `respect` `of` `residence` `shall` be `entitled` `to.be` 130 `registered` as `a` `voter` `in` `the Electoral` `Roll` `for a` ``` Municipal ward.; Provided that no person shall be entitled to ###### be 50 registerd if he - (i) is of unsound mind and stands so declared by a competent court: or ``` (ii) `is` `tor` tne `time` `being` `disqualified.` `for` `voting` `under` `the` `provisions` `of` `section` 42 `or` `any` ``` other law relating to corrupt practjce and other offences in connection with Electiqha: ``` `Provided` `rurtber` `that` `no` person `shall` .be ``` entitled to be eo registered. the Electoral Roll ``` `for` `more` `than` `such` `ward` `in` a `Municipal` `area` `or` `more` `than` `once` in `any electoral` `roll.` (3) `For` t.ne `purpcee` `of` `~6ection(2),` `a` `person` shall `be` `deemed` `to` `requisite` ``` qual if ications-- (a) . in res~~ct of residence, if he has ordinary resided in a dwelling (other than as an inmate or a pet ien t in a prison or a hoepi tal) in ``` `the Municipal` ward `concerned,` `for a` `period of` not ``` less than twelve months immediately preceding the 1st day of January of the year which the ``` `electoral` `roll` if; `being` `prepared:` `...` `(b)` `in` `respect` `of` `business` `premises.` ~f. `he` ``` occupies any business premises in the Munlclpal ward concerned. for a period of not less than twelve months lmmediately prece~inq th 1st day of January of the year for which the electoral roll is being preperec.: and ``` ----- " .. , . ",,,, ``` THE ANDAHAN AND NICOB~R EXTRAORDINARY GAZETTE, DEC. 8~ 1994 4;:) ###### _ .•... __ ... - ..•. _---- ------------------.--------------~------~---------------------- ``` (c) in r e sp ec t ()·f ta~::td:.ion~ dl he owns within `the` `limits` `of` `the` `Municipal` _~~rd_ `concerned` ``` immov~ble prop~rty which is ~ssesged to any ``` `muinicipal` `tax` `on` `the` `1st` d~y ~f `April` `of` `the` ``` year immediatell preceding the Y£8r of which the ``` .. `electoral` roll is beinp pr ap ar ed ", ``` (') Every person who is :a voter of a Mu"icip~l ward within a muni[ip~l area Bnd who ``` +01' ~ `period` `of` `not` `less` `than` `six` `months` . j ``` commenClnQ fron the 1st day of 'January of the ``` `year` durln~ `whLch` `an` `el~ction` i~ `to` `be held` `h~s` `been` `residinQ` in `the` `Hun1cip~1` `areas` `shall,` ``` subject to the )rovisions of this ReQulation an~ ``` `any` `other` `law` `for the` `time` `bei~~` i~ `force~` `be` ``` qualified to )e a candldate fo~ election ~s a member of the MJnicipality in th(t municipal area: ``` \ , , `Provided` thRt no `person` `sh~11` `be` `qualified` `to` `be` `a` `candidate` `for` `election` `~sla` `member` `of` a ``` Municipality if he has not attaIned the &qe :21 years. ###### il• Electlon F'eti.tic'na 55.(1) The election of any persor as a member may Power to ``` be ques t i oneo bv CIO election ,petition on the que s t ion ``` elect ion v Qround-- (a) th~t such person has commlt~ed dUrlnQ or in respect of the electioni any co~rupt praiice as ``` `herein` `atter dEfined;` I ``` (b) that such person was declar~d to be elected ``` `by` `reason` `of` `the` `improper` reJect~on `or` `~dmis5ion` ``` of one or m0re votes Dr that.: for any pther ``` `reason,` `he` `was` `not` `du~y` `electe~` by ~ `ma10rity` ``` votinQ of lawf~ll votes; or (c) th~t such person was disQuaiified for beinQ elected as a wember under any of the prOYiS10nS of this kequlaiion. ' (2) The election of any per&on ~s a member shall not be q!estioned-- ``` `(a)` `on` `the` `round` `that` `the` ~aTe `of` `any` `,person` clur.difi.E'(j `to` vllte hills _been_ onlffilt:t:ed `from` `all` `th!'.?` `n~me` `of` `iny` person `not` `qu~lifie~;to` `vote` `ha~` `been` lns~df?rJ in. it.'" `elector` `roll` or,rol1S~ `or` (b) `on` tht ground `of` `any` `nor-comliaote` `~ith` ###### "this ReQul"tlO(' or any r u l e , or {If anv mistake in " ' `the` forms `re(uired` `there` by `or` `0*` `any` `error` :i.neQLliar i t v lit informi'llity `on` `{:he part` 0+ `the` ``` officer or o··fieers charQed wi\h c~rrying out ``` this kegl.llati'lfl or any r u l e , ll?less sl.l~h non- `com~\liance.` rli. `s t ak e ,` error l..rreqular 1 ty or ###### in'formedl tv ha'. mater i a Ll v etectf!d the r asu l t of ``` the elections • ``` .. ----- ``` 26. THE AN»AMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 8. 1994 -----------------------------------------------~------------------------- S6. A person shall be' deem~d to have Definition ~ommitted a corr4pt pratice who :dire~tly or of "corrupt ``` `Indlrectly~` by `himself` `or` by `kny` `othdr` `person--` `prOlctice".` `.` `(i)` `induces` _or_ `attempts` `to` `induce` by `fraud~` ``` lntentlonal misrepre5entation~ coerClon threat of injury~ anV voter to give or to refr~in from ``` `qivinq` tI `vote` `in` `+avour ·0+` `any` `c and t d at e ]` ``` (ii) with a view to inducing any voter to give or to retrain from glvinq a vote in iavour 0+ any candidatE~ offers Of gives ~ny money, or ``` `valuable` `consideration` `or` `~ny` `place` or `consideration` 0r any `place` `0l` `valuable` ``` consideration Dr any place or em~loyment~ or holds.out ~ny promise of individual ~dvantage or profit to any person; (iii) gives or procures the giving of ~ vote in the name ot • voter wno is not' the person GIving such vote; (iv) abetsl~lthin the meaning of the Indian ``` HiM. `Penal` `Code)` `the` `doing` `of.` ~ny `of` `the` `acts` ``` specified in cl~lse (i)~(ii) or (iii); or ``` <i,~:. 0+ `(v )` `commits` `any` `of` `the` `pr at i cs` `sPficH~ed` `in` .i.'}1 ~j 1. `section` `12~` `0+` `the` `Representation of` `the` `People` ###### Act, 1951. ``` EXPLANATION A "promiss of individual ``` `advantag~` `or` `pr c+i t` to `any` pers()o" inth\des " ``` promise for the benefit of the.person himself, or ``` `of` `anyone` `in` `whcm` `he` `is` `interested~` but `does` `not` ``` .include a promlse to vote for or aqainst any particular munlclpal measure. ~}.(1) An election petition or any Forms a.nd ``` `application` `relating` `to` `th~` `hearinQ.` `of` `an` presenta'- ``` tioo 0+ election petitlon shall be presented to the ###### election District Judge wlthin seven d~ys fro~ the date on petition. which the result 0+ the election w~s notified and ,shall specified the ground or arounds on which the el~ttion is qUBstioned. and shall contain a ``` `summ~ry` `of` `the` (irCuffistance `alle~ed` `to` `Justify` ``` the e1ectlDn beir'Q . que at i oned 00 5Uqh ~. ~ro~lnds. . ``` .' `(2)` `The` `pe1ition` `may` `be` `presen~ed` by `the` canditlt~tes in IJhClSe fC'lVour votes have been `retorded` `and` 1~ltQ `cl a rms` `in` `the` `pat! t i on` `to` `be` dl.~clared `elected` `in` `p l ac e` `of` `the` `p ar snn` `those` `election` `is` `quesliDned~` `or` by `ten` `Dr` `mo~e` `voters` `of` `the` `Municipal` krea. / (3) The p er-son wl10se `election is` `que: .• tioneu` ``` and there the pntitioner claims that any other ``` p `c~ndid~te` `shall` `be` `declared` `elected` `in` `plate` `of` ``` such. person, eve~y unsuccessful candidate ~ho h~s polled more VQ~es th~n such other c~ndidate. shall be m~de ~ "espondent to the petition. ``` ----- l TIlE **ANDAMAN** AND MICOllAR EXTRAORDrNARY GAZEITE. DB::. 6, 1994 27 ###### ------,---- Recrimira- 38. 'Any respondent may give evidence to prove tory that any person in respect of whom he claim is proceed- made that such person be declared elected in his lnqs in place or in priority to ~ him. should not be election declared so elected. in the: same manner as if he disputes. had presented a petitioo against the election of such pers< III • Procedure JY. ( 1 ; save as otherwise provide by this for Regulatior: or by any rule made therunder. the hearing procedure provided in the Code of Civil election Procedure, 1908. 1n regard to suits shall in so petitions. far as It may be applica.b19, be followed in the hearing of election petitions by the District Judge: Provic-ed that - (a) two or more pereone whoee election is ###### called in question may be made respondents to the same pet it ion and their case may be tried at the same time, and any two or more election petitions may .be heard toqether: but so far' as is ###### consistent with such joint trail of hearing. the petition shall .be deemed' to the a seperate petition c~gamst each reepondent , t b) tr.e District Judge f3hall not be required ###### to record or have recorded the evidence in full. but shall make a memorandum of the evidence sufficient in his opinion for the purpose of , ' ###### decidina the case; (c) 1he District Judge,may. at any stage of the proce-edanua. require d,e petitioner to give eecur i ty or furhter security for the payment of all peyme.nt of all costs iJ}curred or likely to be mcurre-d by any ~esponder~t: and (d) the District ludg'(; for the purpose `of` ###### decidinq e nv iesue,shall only be bound to :require the product of or to recea ve such evi dence • oral or documer.t.arv as he 'may cor sider necessary. (2) I,n order for the peveent of costs .or an ###### order tot the realization of security bond for costs pa£i8ed .by the District judge shall be ###### executed in the same manner as if the amount to be recovered was an arrear ct land revenue. I ###### Finding 40. (1) If the District· judge after making of Dist- such mqu irv as he thinks necessary. finds in rict respect 01 any person whose 'election is called. in Judge, questlon by petitlon,that his election was valid. the petition all be djemissed against such cereon W 1 t .h costs. _J._ ) " ----- 28. THE ANDAMAN AND NICOBAR EXTRAORDINARY.GAZEI'l'E, DEC. 8~ 1994 ``` -------~----------- ``` . (2) If `the District` `judge` `finds` `tlw.t` `the` ``` electio~ 0+ any person w~ ~riv~lid.h~ shall either....- ``` (a) `declare` a ceeue l `vacancy` `to` `have` ``` arisen.or (b) declare another ~4idate to have been duly elected, which even course appears~in the particular circumstances of the case,to be more appropriate;and in either case the District judge may award costs in his dicretion. ``` (3) In `the` `event` `.of` `the,'` `District` `judge` ``` declaring a caElual vacancy to' have arisen,he shall direct the Municipality to take proceedings,for tilling the VdCdIlCY. Avoidance 41.(1) Notwithstandinq anything contained in ``` of `elec-:-` `section` 39.if `th~` `District` `judge.in'the` `couree` `of` `tion.` `hearinq` `an elect.lon` `petition.is` ~f `the` `opinioo` `tho.t` `the` ev iuence `discloses` `\` `that` `corrupt` ``` practices at the election proceedings in question,have preveiled to such an extent as to ``` `render` it `advif~le` `to set` `aside` `the` `whole` `of` ###### electron proceeurnqa.he shall paa.s a conditional ``` order to this eftect and give notice there of to every candidate declared elected . who . has not already been ~~de a party in the case,calling ``` `upon` `such` cenc idat.e `to` `show` `'cause` `why` `such` `conditional` order' `should` `not` be `IIIi1de` `final.` (2) `Thereupon` `every` `such` `candidate` `may eppeer` ``` and ahow cause, any may have re-called for the purpose of putting question to him, any witness ``` `who has` `appeared` `in` `the` cese, ``` (3) The Djstrict Judge shall thereafter either cancel the conditional order or make it absolute in which case he ahall direct the Municipality to take measures for holding fresh election proceedings. ``` `Disqualifi-` 42. The `ristrict` `Judge` `may` dec Iare `any` ``` cation candidate found. to have coromi Hed any corrupt ``` `tor` t; `practice to be` `ineligible` `tor` `he~ng` `a member,` `or` ###### corrupt for being appointed or retained. in any office or `practice.` `place` `in` `the` `gift or at the` dis~l `of` `the` ``` , Municipality or tor beinq regist~red as a voter, for such period not exceeding f~ve years as the ``` `District Judqe` IllaY `determine.` `'.` ``` C. Election Rules ``` `Conduct` `of` 4::J. `The` `Admtmatrator` `after` `conaulation` `with` ``` elections the Election Commission may, by notification. and rela- make rules consistant with the Hequlation. for ``` `ted` `the purpose` `of` `regulating` `all` `or any` `of` the ``` matters. following matte~,namely:-- ``` ----- THE ANDAMAN AND NlCOBAR EXTRAORDiNARY GAZE'ITE. DPC. 8, 1994 29 ###### (a) the preparation an;i revision of electoral rolls and the adjudication ot claims to be registered as voters and objections to ``` registration; ``` `(b)` `the nominction of` candidates `(c)` the `dates. time` `and` MIlner `of` `holdinq` ``` elections.general or casual: ``` (d) `tile` num.ber of representatives proper for ###### each w~rd and reservation of seata for wc.en; (e) ~ly other matter r~lating to elections or `election` `petitions` `in` reepect makes no provision `or` `inButflcient` provlBion:~d (f) (my other matter r'eceseerv for securing ###### the due const i tution of Hur icipal i ties. CHARTm V A. Dut.Iea and `powers of` `Municipal Authoritles` ###### 44.SulJ.iect to such exceptions and conditions Duties and as the hdminiatrator may `tram` ,make `and` `powers` ot ##### t_ `impose,lt` shall be `the duty of` `every Municipality` municipall ty . ###### to make re30nable provision withi~ the municipal~trea for- `(a)` `urban` `pl~~ing` includin~ `town` planning: ###### (b) requlet ion of land use' and construction of ``` buildinqs; , (c) planning for economic aid social development; ``` (d) roads and bridges; `(e)` `wateI` supply `for` dCD99tic industrial and ``` commercial purposes; ``` (0 oum rc health.sanitat1on `conservancy` and ###### solid waste management; (g) `fire services;` `.` ###### .t n) urban forestry, protect 100 of environment and promotion of ecoloqical asp~cts; `(i)` safequarding `the` `interest of weaker` `sections` `of` `the` society, `includinq the` `handicapped and` `mentally retarded;` - (j) slum improvement and upG;radation: `(k)` urban `poverty e l lvfet` ror. (1) provislon of urban `amer,ities` `and` `facllities` `such as` parks, `gardens pla~TOunds;` (m) proaot fon of cul ture.I . educational `and` ``` aesthetic aspects; ``` (n) `burials` `and` burial crounda, cremations. ``` crematlon ~ounds and electric crematoriums; ``` `(0)` `cattle` pounds, `prevertion` `of` `cruelty` to ###### animals; `(0)` vltal statlstics includinq reqistrations of ``` biiths and aeaths; ``` tq) publi~ `amenetics` `including` `street` `liqhtinq,` ###### parkinq lots, bus stops and public conveniences: ----- 30. THE ANDAMAN AND NlCO.BAR EXTRAOHDlNARY GAZf:ITE, DEC. S, 1994 _. __ .. , --- --~- - ---- ----------- .. _------- `(r)` `securinc` `or` `reIll1.>v:inq` `denqeroua` 1mj ldinqFl `or` ###### pl~pe.s; . . :. . (9) `so.n~tr4.9ting.` `al~~r-ing` `aqd ma~qtain~nq` p~l~c. `streets` `other IDa jor` roads `other` `than` `cul verls,` ``` . markets, slaughter-house. latrines.privies. urinals. drains drainage-work and sewo.rage-work ###### .. subject~ to the direction and general control of the Pubi ic Work Deportment; . (t) maintaining the' developing· the value of property vested in. or entrusted to. the management of the Municipality; ``` (u) `preparing` `such` `returns,` `statements` `.` `and` ``` report~ as the Administrator may require the ``` `Municipality` `to BUbmit;` and ``` (~v) fulfilling any obligation imposedi';upon it by law. . 45.(1) The Administrator may direct that the Discret- Municipality shall make provision for any of the ionary follOWing matters within the uuntcape I area, functions of subject to any exceptions and condi tiona that may Municipality. ``` `be` `laid` `down` by `the` `Administrator,` `namely` `:--` ``` la) reclaiming unhealthy Iocal t t ree., (b) taking of census and reqist.ration ot vital statistics; (c) making arrangements tor the, confinement of destruction of Htray dogs; ``` `.` `(d)` `securing,` `or assisting` `the` `securing` _oi_ _,_ ``` 'suitable places for the carrying on of any dangerous or orrenmve trade or manufacture; (e) establishing and managing ponds and performing such Cunctions and of the StQte Government and the Mag~strate of th~, District as may be transferred to the MWlicipality. under ``` `section` 31 `of` `the` `cattle` `Trepass` `Act.` 1871. ``` ·(f) holding tairs and exhibitions. and arranging ~entertainments functions and public receptions, with the previous approval ot the ~dminiBtrator: and (q) adopting' any measure, other than a measure sPeCified in section 42 or in thil;' sub-section likely to prceote t.he public safety health of convenience. (2) A Municipality may. with the previous approval of the Administrator. make provisions tor the extensi~n beyond the limit of the Municipal area of the :benefits of the , Municipal undertaking. (3) A Municjpality may also make provision ``` `wi thin` `or beyond` `the` l1mi ts of `th~ MuniCipal` `ar~` `for` `the` `doing` `ot` `anything` `wheron` `expenditure` 18 ----- THE ANDAMAN ANI) Nl<X>BAR EXTRAORDINARY GAZZITE, DEC. 8, 1994 31 ###### ------------- . -------------------- declared by the Administrator or by the Municipdl ity with the' sanction of the Administrator or by the Municipality with the eenct ion of the Administrator, to be an appropriate charge on the Municipal Fund. _J'_ `46.(1)` MunlCipallty `&~y.` sub;ect to the De 1 eqat ion ###### provisions of section 631ft .bye-law. empower a of powers of sub-commi ttee of the ('''hairiPeraon, any member or MunicipalIty. the Secretary of the Municipality to exercise and perform 81lD ject to such conditions, restrictions and 1 im l tat ions as may be imposed by the Mwlicipal ity all or any of the powers and duties conferred. or imposed on the Municipal ity by any of the orovtaione of this Requlation. (:2) JUly .bye-law made under sub-aection ( 1) may prov iue that any order passed • In the exercise ###### of the powers or performar.ce of the duties so deleqated shall, within ~uch time as may be therein ~,recribed, be subject; to appeal to, or revraron I.y, the Municipality. D. Duties of Chairperson and Vice Chaarpereon 47. l t shall be the duty of the Chairperson Duties of of `a Municipality,` `--` Chairperson. ###### (a) W11 ess prevented by rea.eooab 1 e cause. to convence and preslde at all meetings of toe MunicIpalIty and to control) in accordance with the bye-laws made in this be~alf. the transaction of business threat : (b) 3M ject, to the .orovrenone of this ###### Hequlatloo. Cnairperson shal~ have general powers of meepe rt ion and may qivt' direction to the Secretary with reqard to th~ implementation of any r-eso lrt ion of the Muni~~pality or a SUb- commIttee tn the discharqe 0: any obligatory and daecret ionerv functions of the Municipality and the secreturv shall canpl y W:. th such directions. The Chairperson may call : any record of the Mun i ci pa 11 t; Y from the SecrE .. tary and the eame ###### shall be made available t~ him and ahal be returned bv him within fiftet,n days fran the date they are ~lde available; J tc) thtJ chairperson- shall not be eligible to be elected llS chairperson of. any sub-callnittee; (d) `It` the chairperson i~,at the time of his ###### election Eta chair-person, the chairpernon or an elected mflm.ber of a eub-ccea rtee he shall cease to hold otfice as such chair~rson or member of such committee. ("e) it any vancancy OCCur3 rn the off ice the ' ###### chairperson of any suD-committee. the Chairperson shall convent, a meeting ot su in sub-coemit.tee tor the elect i en of another cnear oereon. ----- . 32. THE ANDOON AND NlCOBAH EXTRAORDINARY GAZEITE~ DEC. 8. 1994 `(t)` to perfo)~ such other duties as are ###### r~~red t9r or nny be' ~mpceed 'UP9fl him by or under this Hegulatlon. . : `48.` `(1)` it. `shall` be `t.he duty` `of` `the` `Vice` Duties `of` ``` , Chairperson present- Vice-chair- ``` (a) to perform,during the' continuous pereon , ###### absence of the Chairperson from the:city for mare than eight deya.or in incapacitated: for more than eight days or durinq a vacancy in the office of Chairperson, the duties of the GM.irperson described in sect ton 45;and (b) to perform such other duties as are ###### required of or ml~y be imposed upon him by or under `this Hegul~tion.` `(2)` `A` `Vice` `C~nairperBon` `performing` of `the` duties, of the Ch~irpeson in the 1 `c:ircumatances` ``` ~ stated in clause (~) of aub-eectibn (1) shall ``` `have all` `the power3 conferred on the` Chairperson by or under this `Regulation.` `'` C. I:J.lliRGENCY POWERS 49, (1) In case of `emergency, the` Chairperson ###### of a Muncipality may direct th execution ot any work `of` the doing of o.ny act which `the` ###### muncipality is empowered to execute or do; and `the` immediate execution or doing of which is.in `his opinion, neceeeery for` the preservation of the `valuable` `propertT` `or` for the `safety` `of` `the` `public,and` `moy` `also` direct `that` the expense `of` ###### executing such work or doing such act shall be paid trom the Munj cipal Fund . Provided Ulat every direction given under ttris section shal ) be reported to the Muncipality as its next fol.loHing meeting. `(2)` The Chairperson shall not act under this ~ section `in` contrevent.ion of any exprese `order` of ``` the Municipality. ``` (3) The Chai:'~person may. prohibit. until the `matter` `has` `~n` considered. by the Municipality, the doing `of` any act Which is, in ###### his oparuon. W1.iesirable in 7, the publ ic interest. provided that the act is" one Which the municipali ty has DOWer to prohibit. (4) No direction given `'under` this `section` ###### shall be questioned in any court on the ground that the case was not one of emerqencv. /' ----- THE ANDAMAN AND NlCOHAR .EXTRAaID~ARY GAZE'ITE, DEC. 8, 1994 33 ###### ------ t # '~~ 00. ( 1) The Bub-caomi t,tee for taxation and Functions ~. -::~ finance shall deal with all matter relatinq to `of` `Sub-` -.- ###### finance.taxation,accounte ind audit and all other CaDmittees. matters not specifically _igned to the BUb- caIIIlittee for public healtll or the e~ittee `for` works Which are requi~ to be dealt with by or under this Regulation. I `(` `2)` `The` standinq fcallllittee `for` `publ ic` ###### health shall deal with al~ matters relatinq to public health and sanitatiion.The sub-oommittee for works shall deal with ~ll matter relatinq to publ ic wore, town planning rand improvement. (3) The Muncipal:ity shall,by bye-laws ###### framed ror the purpoee idet.ermme the powers and duties of each ~ su.b-caDmittee • not specially.provided for inithis Requlation and may,by b'le-law.provide fo:r a conference of two or more 81ib-Committees or fpr the appointment out ot such t::ommittee ot a joint camnittee for any purpose i.n respect of which they may be joint 1 y intereste(! . ,4) The eub-caDlDi ttee tor taxation and ###### r rnenca.un add1titon to the powers and duties assigned to it under the ~ r. laws- '0 (a) aha l I supervise th'e utilisation of the budqet qrfUlts: _(D)_ slldll have assist to the accounts of the ###### MunlCipaLl ty , and may reqJire the Secretary to furnish (my clarification Iwhich it considers to be necessary as to the rece~pts and expenditures of the MWlicipal F'und: (c) may conduct a m:>nthly audit of the MunicIpal accounts and aha! 1 be boUnd to check the monthly abstract 'of receipts and dis.bursemenw toi the precedinq 'IIIOIlthS as furnished by the Secretary ;'.f `(d)` `may.` eub;ect to `the` approval of `the` ###### MuniClpallty. write of the amount of any loss. or `depreciat:on` caused `to the` Municipality `property` ###### which appears to the callDi ttee to be ``` irrecoverable; ``` . ``` Provided that where th~ amOunt of any such ###### Iose or dflpreciation exceeds rupees one thousand, ot shall not be written ott except with the previoUS ~;anction of the Mu:licipal ity. ``` l~) the Municipality ehall sanction such ###### staff as may reasonably be:required by the sub- committee~~ to discharqe! their respect.ive function. " . ----- _-;»_ 34. THE ANDAMAN AND NICOBAR EXTRAORDINARY _G~._ Da:, 8, 1994 ``` '--------------------------- ``` 51. (1) `Wherever,` "it `is` `proviq(:)d` `by` `the` `Delegation` `Regulation or` MY `other ,lav.` `for` `the` tGme `been` `in` `ot` `powers to` `force` `that` `the` `Secretary may take` `a~ion subject` `Secretary` to ###### to the approval, sanction, consent or concurrence 'ey sub- ``` of a su.b-canmittee. the trub-canmittee may. by Committees. ``` `resolution` `in` `writing.` `authorise` `him'to` `action` `in` - `anticipation` `of` its `approval.` `sanction I` `consent` ``` or conCUITence subject to such condition, if any as may be specified in such resolution. (2) Whenever the Secretary. In pursuance of· such resolution. takes any action in antiCipation if the approval. sonction, consent or concurrence of a sub-committee. he sholl forthwith inform the ``` `committee` `of` `the action` so `taken.` ``` 52.(1) Subject. whenever it is in ,this Functions Regulation Expressly so directed, to the approval of the or sanction of the MWlicipallty or the auo- Secretary. committee consent and subject ~lso ~o all other restriction, limitation and condition imposed by , "this Regulation or by any other law for the time being in torce. the executive power tor the ``` `purpose` `of` `carrirg` `out` `the` `provisions` _~t_ `this` ``` Regulation ,and ot any other law for the time being in force which impcees any duty or confers any 'power on the }'IWlicipali ty shall vest in the Secretary, who shall Qlso -- ``` (a) `perform` `611` `the` `dut:ie5` `and ~xerciae` `all` ``` the powers specifically impoeed or conferred upon him by or under tIlis Regulation or by any other law for the time bdng in force; , ``` (b) `in` `any enerqency` `take` `such` `ilIlD8didte` ``` action for the service or safety ot too public or the protection of the property of the Municipal i ty as the emergency ahall appear to him to justity or to require, notwiths~anding that such action cannot be taken under this Regulation without the Sdllcbon. approval or authorit.y ot' acae other municipal authority or· of. 'the Administration: Provided. tnat the Secretory shall report forthwith to the sub-committee 'concerned and to the Municipality the action he h~ taken and the reeeona for takmq th~ same and the aJaOWlt of ``` `cost,` it `any,` `inc\.lrTed` `or` `likely` `to be` `incurred` `in` `consequence` _ot_ `such` `action` `whic~` `is not` ``` covered by a current budget grant under the provisions of this Regulation. ``` Co ----- 1 tHE ANDAMAN AND NlCOBAR EXTRAORDiNARY GAZEITB. DJJ;. 6. 1994 35 ,---------_).--------~-------- (2) Any powers, duties and functions ###### conferred or impceed up6n or vested in the MunicipaUty by any other -law for the time being- in force shall subject to the Provisions of such law. be exercrsed performed or discllarged by the Secreta!) r • l3) /\11 correspondence relating to any matter dealt with. by or under this Regulation or Under any ot her law between the' Municipality and the Government or other authority ehall be conducted by the Secretary and the'Secretary shall send ###### copies 01 such correspondence to the Chairperson. De 1 eqat:ion :'3. Sub ject, to the ru Iee made under the ###### of Secre~ Regulatlcn. the Secretary, ,MY delegate to any tervs crf icer of the Municipalit')r supordinate to him. ordinary any of ris powers other than the powers under powers. clause ( t ) of au.b-sect i on (1) of secti on 52. Custody of 54. '1 he Secretary shall be reponaible for the records. custody of all records of the Municipality includinq all papers and do=uments connected with the proceedings of the Munir::ipality sub-cccmittee and other committees . . ' " . , CHAPTER, VI ~ ``` T~SACTION OF MUNICIPAL BUSINESS ``` `A.` Meetings ###### Ordinary 55. (1) Every Municipality shall meet for the andspe- trensect ron of business atleast once in every `Cidl` month at ,~uch time as may f~xed by the bye-laws. ###### meetings. `(.G)` `T1e` Chairperson. may, whenever he thinks ###### fit. and ;3hall. on .e requis:.tion made in writing , ' in `thIS` ~3half by not less than one-fifth of the ###### members. convene. an ord:i nary or a special meetinq a~ any other time. (3) 'wery meeting of M\.nicipality ,shall be ###### e i ther orumarv or specie i . ! , \ (4) }\ny business of th~ Municipality MY be transactetl at an ordinary meeting unless required by this Hequlation or the ~lee made thereunder to be transacted at 'a speci~ 1 meeting. Quorum. I 56. ( 1 ' The quOrtml ·necessary for the t.rensect.ton of business at a special meeting of Municipal ty shall be one-half of the number of elected Ilem.bers serving for the t.ime being, but shall not be less than three . . l ----- 36. THE HI ###### ______ .;..~,DAMAN AND N:'~ EXTIU,ORDINARY GAZEITE, DEC. 8, 1994 ----- (2) The quorum necessary for the tranSaction ###### of busineaa ot an· ordinary meeting of Municipality shall be one-third of· the number of mel!ibers serving for the time beinq. but shall not be 1 ees than three. (:,) 1 f' .r]. i'IlIY - . ·1 (I illdlY or :-;p;.:.;r:iill nll~At,inq a qUOI'WU j1-l ll('l.· 1'.r(,X.;('~1l1. Lho CII("l.lq~· r"(,I(1 :..;11.:111 ad journ the ml;tlL:i.HQ' to such other day ~B he may ###### think tit. and that the .business which would helve been brought before- the oriq.inal meeting if there had been a quorum present, shall be brought ###### before. and transacted at the adjourn meeting ``` whether there be a quorum present thereat or not. Chairperson 57.(1) At evelY meetinq of a Municipality, ``` meeting. the Chairperson. `i1` present, shall preside. ###### (2) If the Chelirperson is not present. his place shall be takon :by the Vice-Chairperson and fif there be two Vic:e-Chdirpe:rsoo then the senior Vice-chdirperson nnd if he too i8 olJsent by the ###### junior Vice-C""hairpnrson. _(3)_ _It_ there be no Chairperson or Vice-I- ###### Chairperson preser It such one of members as· the members present ';laY elect. shall preside as Chairperson. `Vote ot` `58.` `Sdve` `as` `otherwiee` `provided` by `this` maiority Hegulation or any rure , all questions which come decislve . at meeting of the Huniciaplity, shal.l be decided . by a tna.lority 0:': the votes of the members present, the Cna ir'oereon of the meeting, in case ###### of an equality of votes. having a second or casting votes. `·5Y.` Any meeting of a Municipality `may,` with Adjournment ###### the consent of a m,ljori ty of the members present of meeting. thereat. be adjourned to SOOle other time Md buainess left und isposed of at such meeting shall be carried over with priority to the adjourned ~meetinq. `60.` `No resolution` of `a MWliclpa~ity` shall be Cance l Ie.- modified or cancelled within six !month3 after tion of `the passing` thereof -- resolutions. (a) unless previous notice has been given to ###### the members setting forthfully the resolution it is proposed to modify or cancelled and the motion or proposation for its modification or cancellation; and ``` (b) otherwise than .by a resolution supported ###### by not less than one-he lf of the total nuaber of members serving at the time. ``` ----- ###### - . TIlE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE. DB:. 8, 1994 37 `61.(l)` Minutes of the proceedings at each Minutes of ###### meeting of the Municipality shall be drawn up and the meeting. recorded in a book to be .kept for the purpcee shall be siqned by the Chairperson of ·the meeting or of the next ensuing meeting. shall be " publlShe(i in such manner as the ,l\dminlstrctor may ###### direct, and. shall. at all ,reaSonable times· and • wi thout charqe , be open to inspection by any ###### inhabitoolt of th~ Municipal area. , U) 1\ copy of every reeolution passed at any ###### meeting of a Municipality shall. within ,ten days frOOl the date of the meetinq. be forwarded. to the ###### Deputy O.Gmissioner. I I, 62. A Municipality ~ may make bye-laws Bye-law for ``` consistallce with this'Re<F,J.lation and with the conrjuct of ###### rules made thereunder to provide for all or any buamese . of the following matter, na:ooly - ``` `(a)` i.he time and place `'of` `its meeting;` (b) the manner in which notice of ordinary ###### and speci al meetinqs and ad journed. meeting shall `be` qiven: ' ###### (c) the conduct of pr~eedingB of meetinqs and adjo~rnment of meetinqs; ( d ) the custody of the ccamon seal and t'he ###### purposes for which it shall be used; (e) 1he procedure ot s~J-committeee appointed under section 18 the fillinq of casual vacancies therein. the number neces~~ to form a quorum at meetinqs thereof, and other matters relatinq to such comndttees. (f) the person tJy whcm receipts may be ###### qranted on behalf of the Mtmicipality for lOOney r-ece.i ved under this Requlabon. ###### (gl the appointment" duties. executive powers, leave. suspension 'and removal of its officers and servants; and l (h) ell other simmilar <latters. B. Contracts and' Conveyancee 63.lJ) A Municipality I may. aubiect to the Authority to ###### provisIons of this Requlatio,n, delegate to one or contract. more ot its members or to the Secretary of the Municipality the power of entering on its behalf Into any partioular contract whereof t'he value or amount dc-ea not exceed two hundred rupees or into any clas~ of such contracts. ----- 38. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 ``` --------_.------,---------- ###### (2) No contract by or on .beho.lf of 0- My.niC?~~l~ty whereot-the value or mIlOWlt exceeds ``` ~W9 llim~~d rupeea, `shall` `~` `entered` into `until` `It` has `been` `SdnGtioned` at a `meeting` `ot` `the` ``` Municipality. , 64.(1) Every contract made by or onbehalt of Mode· of a Municipality whereof the value of amount exceed executing- ``` `one` `hundred.` `rupees` `shall,` be `in` `writing and` `shall'` `contracts` `be` `.` `signed` `by` two `members,` `of I` `whcm` `the` `and` `tro.nster` ``` Chalrperson or a Vice-<..1lairpereon s~ll be one of property. and countersigned by the ~ecretary: Provided that when the powers of entering into any contract on bebalf tbe Municipality has ``` `been` `delegated` `under section` 63, t.he aiqnature or ###### signatures of the members or members (or the ``` Signature of the f.ecretary) to 'rihOlll the power has been delegated Bh~ll be sufficient. ``` (2) `Every` tl ensrer `of` `immovo..ble` `property` `.belonging` `to` a `Mlm:icipality other` `than` a Leaee ``` for a term not exceeding one year shall be made ``` by `an` `instrument.` `in` `writing,` `executed` `by` `the` `ChClirperoon` `or` 0. `Vice-<:hairperson` `and` by `atleost` ``` t .••• o me.wbers of the MuniCipality whose execution ``` `thereof` `sMll` `be` `nttested` .by `the Seqretary.` (3) `No` contrect or `transfer` `executed.` `otherwise than` `in` `conformity` `with` `the` `provisions` _•••• , 1"_ ``` of this sectiQn shall be binding on a Municipality. ``` C. MUNICIPAL BUDGET ``` .Hudqet. 65.(1) Every Municipality snail,have prepared and laid before it. at a meeting to be held ··"in every year before such date as is f~xed by rules ``` `in` `this` `behalf.` `o.` `coeplet.e` `account` pf `the` `actual` `and expected` receapta `and` `expendi,(;ture` `tor` `the` ``` year ending on the thirty first day of March next ``` `follOWing` `such` `date.` `together` `with` `a budget` 1/ `estimate` `of` `the` j neane `and the` `expenditure` `of` `the` ``` Municiaplity for the year commencing on the first ' day of Apri 1 next following. (2) Ina Mun~cipality shall at such meeting decide upon the appropriations and the ways and ``` `means` `contained` `in` `the` `budget` `estima~e` `and` by !' `special` `resolution,` `eenct.ton` `a bUdget` `which` `shall` ``` be subbitted to ~he Administrator. ``` `(3)` `The Municipality` `may vary'` 01;" `alter` `fram` ``` time to time ns circumstances may render desirable. by special resoluti?n. the hudget sanctioned under sub-section (2). ``` ----- , , l THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZETTE, DEC. 8, 1994 `39` I i `Revised` 66. As soon as may be af~er the first day of ###### budget. October. a revised budget f9r the year shall be frmned and such revised budqet shall so far as may be subject to all the pfovisions `applicable` ###### to a budget made under sectiOn 65. 1 ###### Special pro- 67. (1:. In framinq a :budqet th6 Municipality visions shall provide for the maintla08 of such .inimum as to c losma be lance (it any) as he Administrator may , " `budqet.` by order 1n writing preecri . . ~ , ( 2) Notwi thstahding anythinq contained in ###### this R~llation the budget hf the Municipality shall b3 subject to the! sanction of the AdJninistr.itor and that the ;power to vary or to `alter` `the` budget under B~Ctjon (3) of `section` ' ... 65 shall `be subject` to such lconditions as `may` be `imposed` _by_ the Administratot. ###### Expendi ture 68, (1 ) Where a budget has been passed. the `not` to `Municipal ity` shall not incur any expenditure " ' " exceed under any of the heads of the budget. other than ###### budget a head providing tor the refund of taxes. in allot- excess of the amount ~ under that head, `ment,` wi thout `making` provision for such excese by `the` ;. . `variatior.` `of alteration` `of the budget,` ( :2) Where any expendAure under any head `providing` for the refund of `taxes is incurred` `in` ###### excess of the amount pasSed under that head. prov fs ion shall be made WIthout delay for such `expenditure` .by `the variatiqn` `or alteration` `of` the `budqet.` `.` I CHAPTER1 VlI ,. -:. ~ MUNI<:IPAL FINANCE. PROtERTY AND TAXATION ~ ``` A. MUNICIPAL FINANCE ~ ###### Municipal 6~. ( 1) There shall' be tonaed for each Fund. MUnlClpaHty a fund to be called the Municipal ``` `fund.` end there shall ~ placed to the credit ._ . thereof, t a) `the` proceeds `of` 411 `taxes.` fines (other ###### than the fines imposed by a court). penalties and tOOH levied under this Regulation; (b) all 8UlllS received by; or on behalf of. ``` the MunlClpality under this Regulation; ``` ~ ###### (c) all sums transfe::Ted or carried to the credit of the Municipality under any of the provtsnone of the Regulations or any other law `for` `the` `time` `being` in `farce;` . '"' ", . ###### , ' ----- 40 . 11iE ANDAMAN AND NICOEAR EXTRAORDINARY GAZEITE, }).EX:. 8, 1994 (d) `all` `rents and` `profit,s,` `4ccruin~` `from` ``` p!Operty vested in the Municipality or managed by ``` It; `and` `.` _'r_ I , ~ , (~) all `sums` `assigned.` `to the` F~d by tho ``` ~dmlnlstrator or by any other authorlty and all sums ~ontributed th~~to by any 'coommittee, authonty or private person. ``` (2) The `MWlicipal` Fund `shall` `vest` `in` `Municipality,` `and` the `balance` `at` `its` `credit` `shall` `be` `kept` `in` `the` `Sto,te` `Bo.nk` `of` `India,` or with `the` ``` previous sanction of the Administrator in any 'Schedul~d bank has defined in the Reserve Bank of ``` `India Act,` 1934: ``` Provided that any portion of such balance ``` `may,` `with` `the` `previous` senct icn of `the` ``` Administrator be hept in the Post Office Saving ``` `Bank.` `or` be `invested` `in` `such I` `Government` ``` Securities as may be approved by the Administrator; Provided fur t.her tl\at such sum, not exceeding ``` an `'amount` `specit ied` . `in` `this` `behalf` by `the` ``` Administrator as is required for day to day expenses of a Municipality may be kept by the MuniciPality at ':.he Mwlicipal office in sa.fe 'custody. ``` `70.` `The` `Ce'ltral` `Government` `may.` _"r1:I_ `Certain` `sums` - -4- `notification` `dec lared` that `all` `fines` `and` `any` `may be` ``` other sums 'recovered from person convicted of carried to offences committei within the municipal area credit of against this Requlation or any rule; of bye-laws Municipality, made thereunder, or'agains.t any other law for the ``` `time` `being` `in` `force,` SM.ll `be` `carried` `to` `the` ``` credit of the Munjcipality of that area. ``` 71. (1) The Municipal `Fund` `shall` `De` cnerqed `Application` ``` of MWlicipal ``` wi th the `payment` `ct` `expences` `on` `-` ``` Funds. (i) fulfilment of any liability or ODliqation arising from trt~~ legally imposed upon on accepted by the Mlnicipality; (ii) the munjcipal e6ta:blis~nt including such' subscriptions and contributions as are ``` `payable` by `the MUllicipality` `under` `this` `Regulation` ``` and the rules mad(~ thereunder, (iii) duditLng the accounts of the Municipdlity; (iY) such other matters as may he specified ``` by `the Administra't.or` `from` `time,` `to'` `time.` ----- THE ANDAMAH AND NI())BAR EXTRA<»IDINARY GAZIm'E. DB:. 8. 1994 41 `(2).` `Subiect` `to the charqes` `specified` in BUb- `section` `( 1) and to such ruleS` `as aay be mde` **by** ``` the Administrator with respect to the priority to be qiven to the several duties of 'the Municlpality, the Municipal fund shall be applicable to the payment of expenses incurred. ``` `for` `the` `purpcee` `ot` `any obJect1oi` `duty which` is `to` `be` `or may be` `undertaken` by `the` `Mwlicipality` `in` ``` accordance will the provisions of this Regulation. 72.(1) '[he Finance ~ieBion constitued Construction ``` `underaection` 186 `of` `the` `Ar~daman` `and Nicobar` `of` `Finance` " `lslandB(Panchayata)` `Regulatlor'.i` 1994, `shall` `review` `Commission.` '. `the` f manc ie l `poeition` `of` `the'Municipalities` `and` ``` make recomendations to the President as to, (a) the principles which should , govern, ``` `(i)` `the` `determination` of `taxes.` `duties,` ``` tolls and fees which may' assigned to or appropriated by the Municipalities; (ii) the grants-in-aids to the Municipalities from the consolidated Fund of India; (b) t.he lDeaSUre9 needeCj. to improve the financial PJBitins of the Municipalities: ``` . I ``` (c) any other matter reteired to the Finance ``` `Commission` `by the President` `~n` `the` `interest` of `sOW1d` f mancee `of` `the` `MW1ici~lities.` ``` 73.(1) Subject to the provisions of this Accounts Regulation, or any rule 'or bye-law made and audit. ``` .> `thereunder,` `every` `Municipal~"ty` `shall` `keep` `and` '." `maintain` `a` `detailed` `account` `of its` `receipts` `and` ``` expenditure. ``` `(2)` `The` `accounts` `of` receapcs `and` `expenditure` ``` kept and ID1intained by a Mun~cipalitY shall be examined ~nd audited in ,such manner the ``` `Administrat~r` by `rules` `prescr:bed` `in` `this` `behalf.` I " B. MUNIClPAL PROPERTY ``` 74.(1) Sub;ect to any ~pecial reservation Property ###### made; or to any specae 1 any eoodftiona impoeed , vested. in ``` tJy `the` `Administrator.` `all` `property of` `the` `nature` `Municipality.` ``` hereafter in this section, specified and situated ``` `wi thin,` `or,` `where expreeal y` 50 `provided` `beyond` ``` any municipal area, shall vest. in and be under the control of the Municipali~y and shall be held. and appl ied by it for the purposes of' this Requlatlon. that is to say - ``` ; . ----- 42. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEl1'E. DOC. 8. 1994 ###### -------------------------- (a) all public lIlQI"keta. slaughter-houses and ###### other bui1din~s of every description (whether within or beyond the m.unicipal area) which have been construct"ed or are maintained out of the Municipal Fund. (h) all public streams, tanks. well I springe and . works. (whether wi thin or beyond the Municipal area) for the supply ~torage or distribution of water for public purposes within t.he : Municipal area. and all bridges ~ bui 1ding , . engines. lDdterialE.1 and things connected their ###### \!ith or appertaining thereto and any adjacent fa.nd (not being pnvate property) appertaining to any public tank or well; . -- (c) all pubLc sewers and drains, and all ###### sewers, drains culverts and water courses in alongside, or under any street and 0.11 works materials and thinqs appertaining thereto `(d)` `all` 'dust, dirt. dunq. ashes, refuse. ###### animal matter or t ifth or rulJl>is'h of :a.ny kind or dead :bodies of animals. collected by the Municipality from the streets. houses. prlVle9, sewers, cesspools or elsewhere or 4eposited in places fixed by the Municipalityi under this Regulation; (e) all publ ic lampe. lo.mp post.s and ###### apparatus connected theirwith or ap~.x:taininCJ thereto; (r ) all land cr other property, within beyond ###### the municipal area, transferred to the ~unicipality by the central Goy~rnment or acquired by gift. purchase. or o~herwise for local Public purposes: and . _(g)_ all pub) ic streets (other than lIldjor ###### roads) not beinq open spaces or lands owned .by Government arid the pavements stones end other materials thereof, and also all trees erections, materials. Imp lement.s and things provided for such streets. (2) . Where any immovable property is. transferred otherwi se than by Sdle .by the Central Gove'rnment to a Municipal i ty for pUblic puroceee , ###### it shall he deemed to be a condi tion .,. of such transfer- unless specially provided "to the contrary. that ehoul d the property :Qe at any time resumed by or under the. authority of the Central Government. the compensation payable therefor shall. notwithstanding anything to the contrary in any law for the time being in force. iJ;l no case exceed the amount. if any, paid. to the - Central Government for the t.renerer , together ;, ----- THE AHDAMAN AND HlCOBAR EXTiA<lIDI&RY GIZETIE, DFC. 8, 1m , ###### with the coat or the present value, wh: cbever is lees, of any buildinga erected or ot.her works _executed a'l ths land by the Municipal ity. ###### Management 75. (1) [he aenllgement. control and ~u.bl ic administration of every publ ic ::nsti tution ###### lnstitu- maintained out of Municipal Fund veut in the tiona. Municipality. `(2)` When any public institution `has` been ###### placed under the dir~ction, manaqt,jaent and control of e Municipal ity all property, endowments and funds belooqinq thereto shall be held by the Municipality in trust far the purpoees to WhlCh such property, endQl~nts and ###### funds were lawfully applicable at the time when the lnstitution was so placed: Provided that the extent of the 'independent authority of the municipality in reep!ct of any such mat a tution may be defined by the AdlDinietrator: Provided t urther that nothing in t nfs sectioo shall be· held to prevent the vestirlq of ClOy tl-uat-propert), in the Treasurer of Charitable Endowments under the Charitable Fndow_nts Act. ``` 1890. Acquisition 16. When cny land, whether within or without of land. the 1 1mi ts 01 a muni cipal area is required far the PllTpOS*S of this Regulation. the Administrator may, at the request of the Municipality, take suitable steps under the provision of ~y law for the time beirg in force, to Bake such land available. to the )\unicipality and on paymetlt by the Municipality 01 all such ``` `chanqes as` may `be determined` `by the A(ministrator` ###### the land sha!} vest in the Municipal it.y. EXPLANATION ; - When any land : 8 required. ###### far a new street or tor the improvelient of an existinq atreet. the Municipality IQaY request; for. in addition to the land to be occup..ed by the street, the I and necessary far the e.. tee of the buildinqs to be errected. on both Si<lefS of the street,' and such land shall be' deumed to be required for ~~he purposes of this R8CJ111ation. Transfer 71. t L) A Municipality may, aubject, to rules of pro- made in th LS behalf by the AdJlinistrator. `perty` transfer by alie, IDQr'tgage. lease, gi·:t. exchange ###### vesting or otherwise .my property vested. in i" ~ I not .beiD9' in Muni- property he 1 I by it on any trust th ~ terms of cipality, which are inconsistent with the right so to transfer. ----- , 44. IHE ANDAMAN AND NICOBAR RXTRAClIDlNARY ~,ITE. Da;, 8, 1994 , (2) NotW'ithatanding anything ,contained in ###### ~tion (1) a Jilmicipality ~y. 'W~~~ the sanctlon of the Administrator. 'tr~ter to . Government any pxyperty vesting in the ###### Municipali ty under section 74 or: section 'l!5 but not so as to affect any trUst or ~lic rights .. `subjects` to which the property. is `held.` ###### Saving of 78. Nothing in this Regulatioo{ shdl affect , Act 9 of the provisions of the 10C41 Authpri ties Loena ###### 19H. Act.1914. C. MlmICIPAL TAXATION;')' 1 `Definition` `79.` `For` the `Purpoee8` of this '1 Regulation ###### of "annual "annual value" means- ' Value". ###### (a) in the case of land the .9:r~ omnual rent 'at which it may reasonably be expe8:8Il~-l~ft ###### fran year to year: '.' : .-,_--- Provided that in the case of l'and aeaeeated to land-revenue or of w,hich the lan:d-ro,venue has been wholly or in ~t exa.pt.ed or. Telilitted. the ###### Administrator may direct that the ,; «U'lllUGl value shall be deemed to be double the amount cjf the land-revenue for th&-tima being ~Jed OIl the land, whether such assessment is l~viru)le or not. < ' or. when `the` land-revenue has `been wh>lly` or in ###### the part exempted or nMIlitted, double 1:he amount which. but tor such exemption or r~is:Loo, would have been leviable: (b) in the case of any house Clli DU:llding the gross ClfinUdl rent·, at which aUch hou8e or ###### blildinq. together with its appurt~l:es and any furniture that Itlay be l.,t for ~ i or, enjoyment ,. therewith. ',may reasooablly he ~te<L to lett ''': .. fran year to year the subject to' ~tbe following ###### deductions, n~ly:-- ~ .. (i) such deduction not exceedinq twenty per ###### centum . of the groes- annual tent os the. Mwlicipal ity may consider a reasonable allowances on account of the furniture let with the house or building~ '_ ( i i ) a' deduct, ioo of ten per centum of the ###### balance of the groes annual rent uteJ' allowing the deduction (:if eny) , under sul>4;lawle (1) for coat of repair'S and for all othel' expenses neeeeeery to mamtain the bui'.l()'ing( iR (\ State to `coaaand such` gross annual `rent:` (iii) where land is let with a~; buLding. such ###### deduction, not tJxceeding twenty per centua of the gross annual rent • as the Mun'icipHlity may consider reasonable on account of the actual " , ----- THE ANDAMAN AND NlCOBAR EXTRAORDINARY GA;zrrE, DOC" 8, 1994 45 ###### ---------------- ------------ expendi t.ure , (if any) annually mourred by the owner on the' upkeep of the land :In a State to ccamand such gross annual rent . i ###### (c) in the case of any house 0]' building the v groes annual rent of which cannot be determined . " ###### under clause (b) five per p,entwl of the sum \ obtained by adding the estima~ed present, cost of erecting the bui Idinq less such ~lIDOunt as the Municipal i ty may deem- reasonable to be deducted on account of depresation (if any) to the estimated ~ket value of the sitE' and any land aopertainillq to the house of buildjng; Providod that - `(i)` `in` the calculation of the annual value of any premises. no account sMll re taken of any ###### machinery theron ; and _J,_ , `Iii)` where. in the opinion of the ###### Municipality. the annual value of any buildinq would by reason of exceptional circumstances be excessive, if calculated accordance with the foregoinq provisions 'of this section. the Municipallty may fix the annual ~alue as such less amount as appears to it equit~ble . . ' Explanation 1. -- for the purpose cf cteusetb) • it is immate1:"ial Whether the house or building ,and the rumtxure and the land let for use or enjoyment therewith. are let :by the same contractor by different contract 3 and.if by different contract,whether such contracts are `made` simultaneously or at different `times.` " ###### Explaniltion n.-The exp~sion "gross annual rent"does not include any tax p6iable by the owner in respect of 'Which the owner and tenant have aqreed that it shall be paid by the tenant. `80.(1)` Subject to such qeneral or special Taxes ###### orders a3 the Administrator m!y make, a Which , , Municipali ty may in the manner provided by this May be ###### Regulation impose any of the' follo~inq taxes in imposed. the Whole or any part of the mu 1icipal ares, namely:- (a) a r.ex on building or .le ids or .both, payable by the owner, not exceeding.-- ", " (}) ten per centum of the annual value; or ###### (ii) fitty paise per square )netre of the qround area per annum; or (i i i) rupees three per runn inq foot of ###### tront~qe jn streets and bazaras per annum. '"" _J,_ ----- 46, , TIlE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE, n.EX:. 8" 1994 ###### ---------------_._--- (b). a tax on persons practiajng any ###### proreeaion or art, or carying on any t.rade or . ( calling Within the MuniciPal area; Provided that the total amount of f;ucn tax • payable by anyone person, shall not exceed two `hundred and fifty` `rupees per` annum. (c) a true, payable by `the owner, on` all or any `c~asa` of `vechicles.all` or any `(lass` `of` ###### animals or doqa , When the vehrclee, animals or `dogs. as the` case mo.y `be.` `are` kept 'Within `the` ###### municipal area; `(d)` `a tax of` `the` `nature of` `a toll` on `vehicles _` ###### and animals used for riding. driving, draught or `burden and entering the municipal` ar~a; ``` Provided that·~ ``` I' `(i)` no tax sh~ll `be` `levied` `in` `r~ct` `'of` any `vehicle` or animo.l `for Which a tax` _iEi_ ?did `under` `'clause` (c); (ii) any Owner of `such vehicle` `or animal` may ###### coapound for the +ax by paying the corresponding `tax` `under cl~use` (0) `if` `such tax` `is` `in` `force` in ``` the municipal eree , ``` `(e)` `an octroi` `or a terminal` tQX `on animals` or ###### dogs or goods brought into or sent out of the municipal area: ``` Provided that no tax under this clause shall ``` `be` `imposed accept` 'With `the.` `previous sanction` `of` ###### the Administart<:>r to the proposal for the ``` imposition thereof; ``` `(t)` a tax `to` `meet the` `cost of` `constructing` ``` or maintaining works for supply of 'Water to the ###### municipal area payable by the occupier or, if ``` `there be no occupier. by the owner,` on the annual ``` value of such buildings or lands are ~ so ###### situated that their occupiers can benefit by , the • works: Provided that the rate of tax payable by any such occupier of owner as the case may be , shall ``` `be` `determined` having regards ! among `other` `considerations,` `to the distance of:` the `building` ###### or lands from t.he nearest point at which the ``` water can be delivered from the works to their level! ``` `Provided` rurt.ner that `no such tax` snaIl `be` leviable in `resJ~ct of` `buildinq` or lands 'Which `assessed` `to` `the` `qeneral` `'Water-rate` or the special `water-rate as` `her'einafter` provided; ----- THE ANDAMAN AND NlCOBAR BXTRA~iNARY GA:~. DB::. 8. 1994 47 ###### ---- `(g)` `a.` `general` `water-rate` `plyable` by `the` ``` inhabitants of the municipal area.or a special ``` `water-rate` `tor water` supplied `by u~ Municipality` `under` `s'3ction` 102 `which` may be asneseed `in` any .1 ###### form inc luding that of charge for nuch supply: - . ~ ."' Prov.ided `that` `no such` rate eha:,l exceed. that 1 imi t OJ- 1 imi ts prescribed by the Administrator ###### fran timH to time; `(h)` a `liqhting rate` `not exc~ling` `three` per centum 01" `t.he` annual `value of` hold:.ng: ###### ProVJded that such rate shall not be levied in an al'ea where lighting arranqeuent have not been madf': _i_ _._ (j) ret.ee `for` `general` `conservemcv` or `house` scavenq `inq` on such scale terme and conditions' `as` MY be appr-oved by the Adnlinistr'at or fran time ###### to time; I `(j)` a tax `on` advertisement; (k) a fee `for qrant` 9f permiSS<1(l to errect a ``` building other than ~ hut; ``` ( 1) 6 fee for parkill9 `of` `busef:` `.` lorries - taxis ###### and other vehic~eB Where parking faclities or terminus for buses, lorries. tax) B and other ###### vehicles !re provided by the municJpality;and -, ". `(m)` `alY` other tax which may be authorised by the `Administrator.` `(2)` I~otw;ithstanding anything `contained` `in` `this` R~11ation or `any other` law for the time `being` in `force,` the property belonginq to oovernmeni; shall be exempt frem all taxes ###### mentioned in clauses (a), (c), (d). (e), (f). and (h) of sun-aect ion (1). (3) Uotwithstandinq anything contained in ###### this Requlation, all t4X6S. rates, fees, or ceases which were beinq lawfully levied before the c~lncement of this Regulaticn shall,until `S9IOO` other `provision` ie' made `under` `this` ###### Regulatioll, continue to be levied ar:d collected. in `the` same `manner in which they` `were being` levied I. · ' ~, `and` `collected` `before` `such ccmencenent .` _{_ _ii.i._ \.l- ###### Procedure 81.(1) Every Municipality shall,bc!fore `in` imposing `any` tax, `obeerve` `the` `procedure` ###### imposing prescribed in this section. taxes. , ' n:. ----- 48. THE ANDAMAH AND NICOBAR EXTRAORDINARY GAZElT~. OD:. 8. 1994 ``` ------------~------~------------ ``` ~ (2) The Municipality shall. _py_ a ,rel30lution ###### passed. at a special ~ting trame, uropoee 1 specifying th6 following particulars,namely :- __ (a) the nature of the tax having r&lard to ###### .. the provisions of section 80: (b) the persons or claas of persons 011 WhaD, ###### and the description of property or other taxable things or the circumstances in respect: of . Which, the tax is proposed to be levied; : (c) the amount or scale of the tax; f: (d) the rules }'equloting the levy pi :he tax; ###### ~d I `(e)` `any other` u~tter Which the A~inistrator may by qeneral _or_ special order ,requlre to be ###### specified. , _r_ (3) The MWl::.cipality shall publ bh the ###### proposals in such rAMner as may be prsscr ibed by the Administrator and shall also publ iah ,~ notice inviting the ob jections and. sugg~ti')na in wri ting of the persons 1 ike 1 y to. be af f erted by such propoee la , Within a period of not lel3S than one month of the ~lte of such publiCation. / `(4)` After the 4~xpiry of the period reEferd to ###### in sub-section (3), the Municipality shall at a special meeting. take into consideration. the objections and S'.lgqestions of the aeoresaid persons recived (if any) and shall then either confirm ito resolution referred to in sub-section (2) with or Without modification,amendnent or ###### alterations, or abandon such resolution. (5) When a resolution has been ®llfirmed by the.Municipality under eub-section (4), it shall he presented to the Administrator who may -- ~ e ###### (a) give his approval to the Tes<?lut_j on aft~r making any change, its form which apeears to hlm to be necessary; or ~ (b) refuse to `give` his approval' to the ###### resolution; or _. (c) return the resolution to the Munjclpality for reconsideration in the 1 ight cf such euqqeet.aons as may be ~de by him. ----- THE ANDAMAN AND NlCOBAR EXTRAORDINARY GI.zE11'B. Dll:. 8. 1994 49 `(6)` `If` the Administrator `giVES his` approval ###### to his resolutaon. he ehall notify the reeolutipn tpgetner ~it.}1 any ru les --which 118 'MY JMke under section 203 in respect of the tax and shall also BP'!Icify a date. not eer l i er than three months from the date of such notHication, fran which the tax shall ccael into force and be levied; I Prov ided that a tax leviable by the year shall not ccee into force except en tl~e first day of Jenuarv. ApriL July or October in any year: _i, ,_ _'_ and if it comes into force on any iay other than ###### the fin;t day of April. it shall be leviable .by the quarter till the first day of ~ril then next ensuinq. `('1)` When the Administrator refuses to give ###### his apPJoval to a resolution, it shall be returned to the Municipality. ., . (I, _.01_ resolution ( 8) When to the the MunicipaljtyAdministrato, tb~ Municipality ~ , returns a .;: may either abandon such resolution or may, after ###### reconsideration. amend, alter ,)r vary such resolution; and the resolution eo amended, " altered ~r varied shall `be` pr&'Jented to the ###### Administr,1tor and.be disposed of )>'Y him in the manner provided in suh-section {5}, (9) Tne procedure prescribed ill this section ###### shall epo ly to any proposal to increase or decrease :he amount of. to extend or curtail the scope or ~~ffect of any t~. , .( . ``` no) _.\ notification under sub-flection (6) in ###### respect of a tax shall be 'conclllBive evidence that such tax has been imposed in uccordence with the proviHions of this Regulation. ``` 82. tlotwi thstanding anything contained in Power of ###### this Reou.et.ion , if at any time it appears to the Administ- Administnltor on a coapte irrt that l.fly tax imposed rator to `under` `this` `Regulation` `is` `un1air` in `its` `suspend` tax_ ###### incidence or that the levy thertof or of any part then -of is In iurioU9 to the f r tereBt of the general public, he may require tht Municipality to' take vithin a specified. period. measures to remove t'be object Ion indicated by him; and, if wi thi n tlet peri od • the requlruDent is not complied with to the satisfGction of the Adminis~rctor. he may, by notification suspend .. ' the 1 evy c f such tax. or of such pe rt tnereor , as ###### the ceae may be, until the object ion has been ``` removed. ``` , , - ----- _s_ 50. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETD~, " DEC. 8, 1994 ###### -----------------_:_----_ ,--_,--- 83. (1) `Every` `MW1icipality` `shall` `cuuse` `an` `.` `Preparation` ###### ~sesament list of till buildings and lunda on and publi- 'W;~containing '~~p' any ~.nex . `i6` `imposed . .` `.` `to be '..` g;.. ~epared , `"` `... '` ~~tiQP ~~ , ``` ~se~ent· list. ###### .. ``` (a) `tbe` `name of the street` `or` `muh1lla` `in` ``` which the property is situated. . (b) a description of the property 611fficent for the identification thereof; (c) the names of the owner and occupier if known; _ .' (d) the annual value and the particulars on which the ennue.l ve lue is based; and (e) the amount (If the tax assessed thereon ``` by `the Municipalitv .` - ``` (2) When the assessment list ha:3 been ``` `compeleted` `the` `Mumciaplity shall` give `public` ``` notice thereof, and ()f the places where' t 1e iiet ``` `of` `a` `copy thereof LIlaY` `be` `inspected:` arl,i `every` ``` pe~son claimlhg ~o be either the owner' or the occupier of the prot~rty included in th~ list. and any authorised aqent of such person 611a11 be at 1 iberty to inspect the 1 ist and to make extracts therefrom without charqe. ``` _i_ I ``` 84.(1) The Municipality shall. at the time of Disposal of the publication of the assessment li~t. give objections. public notice of a time. not less than one month thereafter, when it will proceed to re~iBe the valuation and eseeeeeent and in all cases in ``` `which` any `immovable` `property` `is for the first` ``` time assessed. or the assessment tbereor is increased, it shall also give notice thEreof to the owner or the occupier of the propert-y. (2) Every objection to a valuation or assessment shall be in writing 'setting fcrth the ``` `grounds` `on wbich the` `valuat` `on or assesement` is ``` disputed and shall be left at the office of the Municipality .before the time fixed in tp~ note. (3) The Municipality, or such suD-committee or officer of the MllOicipality or of Govt. 'as it may by special resolution appoint in thif: behalf, shall consider every objection duly, nede and shall, after giving the objection an ~6~lprtW1ity ``` `of` `being heard` j n `support` `thereof` `e: ther` `in` ``` person or by duly authorised agent. di5~ceed it of and make such c:cn.sequential amendment (if any) as is necessary'in the assessment list. 85.(1) When the Municipality or, the sub- Authenti- coounittee or the officer appointed', in that cation ``` `.behalf` `under sub-eect.don` (3) `of` `seetio!!` `.` `84,` `of` `list ..` ``` has disposed of th~ oh jections and', Ila~e t~e ``` `necessary amendments` `in the assessment` I rst, m ``` the manner preecr ired in that sub-secLon, the ``` ----- THE ANDAMAN ANI)- NlOOBAR ,EX'fR.A(E)IHARY GAZEITE, .Dl£. e, 1994 51 ###### Chairperson or the IleIIlbere lot the sub-oaIIIIaittee - .;.., or the officer ae aforeeaid, as the·caae _y be, ###### shall authenticate it and at the ••• ti., certify that no valid objection bas been z.de to. .. the val uatioo and &!I8Me1lent cootainecl in the ###### list except in the cases in which aJlendaenta have been entered therein: and. subject. to such aaendMnt:! ae MY thereafter be duly' ade. the tax eo ae!3eS8ed ahell be deemed to be the tax for the year CQIDellcing on the first clay of April next ensuing and, in the case of a tax imposed for the ':irst tiDe. for the period between' the date on ,,,hich the tax eceee into force and INch first day of April. (2) '["he list when so authenticated "bell be deposited in the ottice' of the Municipality and shall thore.be open during office hours to all owners 01' occupiers of the property included therein cu' the authorised agents of such persons, and a p!tblic notice that it is eo open sball forthwith be publi8hed. Further 86. (1: The Municipality may, after glvlnq amend- notice to any person affected by the aIen~nt,of ments of a time n(lt less than one month frat the dAte of assess- service, at which the amendment is to be sade, at ment list any time ("Mnd the list by inaerting the nue of and any pereor whose name ought to have been or ought ###### annual to be ir~eerted.. or by inserting any property _J_ _'_ revision. which ouqllt to have been or ooqht to be 1neerted. ###### or by a] tering the a.eseeRent on MY property which htlf' been erroneously valued or aeeeeeed through 1raud. accident10r mistake, whether on the part of the Municipal ity or of the asaeBsee or, where in the case of a tax payable by the occupier Q change in the tenancy has, taKen place by altering the. name of occupier. (2) Any person interested in any such .' amendment may tender an ob.jection to the ###### Municipality in writing .before the time f1Dd in the notice, and shall be allowed an apportWlity of being heard in support of the same in p8t'8Cll, or by euthor ieed agent. as he may think fit. ( 3) 1 t shall be in the diecreation of the ###### Municipality to prepare a new asaes..ent list every year. or to adopt the valuation and assessment contain in the 1 iet for any year, with such alteration DB may. in particular caeee, be deemed. nec~. as the valuation and. aseesf!llD.ent ###### for the year following- • qi vinq to persons affected ?y such alteration the same notice of the val u ~.tion and assessment as if a new ~nt as if a new asseeement list had been prepared. ----- 52. THE ANDAMAN AND NlCOBAH EXl.'RAC»ij)INARY'GAZETTE', DB:. s, 1994 'I ``` ------------------~--------- ~ ###### Notice to . 87.(1) Whenever ,the,tit~e to or ;over any be given ~llld,inq or land of any per801) primarily liable to Muni- tor the, payment of property taxes :' 00 such • cipality pro~~Y is tret.nsterrod, the, q-onater s11411" of all ~ithln threo month of the registration of the ``` - ###### transfer deed of tt.4nefe.r if it ia registered. or if it iB `of` `title` not registered within thr;& months .or its `of` `per-` executfon, `or if` `no instrwDont.` iliJ executed 'Within `sons pri-` three months ot the actual trensrer , give notice ###### mari1y in writing of such trenerer to tile MWli,cipality. ``` liable to ``` payment (2) 'Every person primarily liable tar the of pro- payment of tax on any immovcble prwerty who 'perty `tr.ansfers` his tit1e to or over such property ###### tax. within giving notjce of such transf~r to the MWlicipality as ai(.,resaid, shall, in addition to any other liability whicb he -occurs tl}rougb eucn neglect, continue t(., 1» liable for'therpayment of, all sucb taxes free time to time, payable in respect of the said property until it gives euch notice, or Wltil t.he transfer ahall . bave been recorded in the Mun:' cipalities books. (3) Nothinq in this section' shall :be held to ,diminish the liabi 1 l ty' _at_ the transferee tor the ###### said taxes or to w:fect the prior cl~im of the MWllCipality tor thl) recovery of the taxes due on any iDlllOvable prope,('ty. ~ ###### 88. ( 1) When any property 'asseesed to a tax ``` Remission ``` `'of` `,tax` under clause (a), _(g)_ or (i) sWrsection (1) _ot_ ###### section 80 which 16 pclyable by the year, or by ``` on un- instAlments, has relDained' unoccupied unproduct Ive occupied of rent throughou.t the year or ,the, period in Immovable respect of wbich any instalment is payable the property. l-tuniCipality ahall remit the omoWlt of the tax or of tho instalment, as the case JNJ.y ,be: Provided that no such remission shall be qro.nted unteee n< It,ice in circums~ces under which it is claimed has. been qlven to tho ``` ,Municipality 'With~,n' the first IIt9nth after the ###### expiry of the pur-iad in respect 0t it is 80 claimed. i , < (2) When any ench property as `afpresaid -` ~ (a) ,~ not lr~e~ occupied or p!od.uctiv~ of ###### rent' for any pecied of not less-,: than nlnety consecut.ave days: )r .': (b) consists of separate teneqlents, one or more of which has: or have not been i occu,,?ier or ###### productive of rent for any eucn penod. as aforesaid; or ----- ###### ras ANDAMAN AN)) NlCOBAR HXTRAORDIHlRY GAZETTE. DEC. e. 1994 53 (c) :IS wholly or in greater part dnoUsed or' destroyed. by fire or othcw1ee, , the Munj cipal ity may remit such portion (if any) of the tax or instal_nt aa it MY think eQUitable,. but the portion l!K> remitted shall not if MY co.ee fallinq only Wlder claUB8 (a) exceed one halt of the tax or the instalment oM the caoe may be. " . (3) '] he burden of proving the facts entitling any perrson to cla,im relief under: the section shall hE upon him. ~ . (4) For the `purpoees` of the section neither ###### the pre-geIlce of a caretaker not. the mere retention in an otherwise \..UlO<X!upied dwelUnq house of the furniture habitually used in it shall constitute occupation of the hoUR. (5) For the purpoee8 of this section a bouse shall he deemed to .be productive of rent if let to a tenant who has continuing right of occupation thereof. whether it is actually occupied by such tenant or not. 89. ( 1 ) When any sum is ,due on account of a Recovery `tax` pay~ble under this regulation in respect of of property ###### any immovable prOperty by the owner thereof the taxes payable Municipal ity ehall cause a bil1 for the DOunt by owner. stating the prvperty and the period for which the charge i '=' made, to be de 1 i vered. to the person liable to pay the sue. (2) [t the bill is not paid within ten days from the delivery tbereof the Municipality may cause a notice of deJltUld to be 'served on. the ###### person li,wle to pay the same ,and if he dOM not within Be'len days free the eervfce of the notice ###### pay the sum due with any fee liable for the notice or shoW sufficient ceuse for non-payment the sum 'iue with the fee. shall be deemed to be an arrear of tax . . . . ..)' (3) tne amount of every such arrear ahall, subject t.) any claim on behalf _ot_ government. be ###### a f rrst; charqe on the property in: respect of which it is payable. and shall besides been recoverable in any other manner provided by this Requlatiof\. be recoverable on applicat100 _de in this behalf by the Municipality to the Collector, as if tl"le proPerty were, an estate aeeeesed to ###### land-revellue and the erresr were and erreer of such r-eve-rue due thereon: ~ ###### .. " [, ] ``` ~' ``` - " _,_ _t,_ _."_ ----- < `54.` nm ANDAMAN AND NlCOBAI! BX1'RAooPINARY GAZiTrE, DEC. 8, 1994 ``` ------------------------~-------------------, ###### Provid~ that nothing in thie ~ub-section shall authorise the arrest of a defaul tar ~. .. ``` ( (4) If any tex or· sum liable Under thiilJ Regulation tran th13 owner is recovered fraa the ,+ ###### occupier, auch occupier shall, in th~ pl:eence of any contrect . to tile contrary. be eptitled to recover the so.me f:ran the owner may 'deduct the `same from` the rent than or thereoiter ~ue by him ###### to the owner. `90.(1)` Every person bringing o~ racelvlna Power to ###### within the octroi or terminal tax: limits ot examine Municipa.l area any article on which,' octroi or article ###### t~inal tax is payable shall when required by an liable to offlcer duly authorised by the Municipality in octroi or this behalf and 90 far ea may ~ necessary terminal ascertaining the amount of tax charg~le - tax and to search. (a) permit toot officer to inspe~ exemme , wei~h or otherwise deal with the . artid..:. 'le; and . (b) consaumce.te to that officer any ###### information, and exhibit to him; any bill, invoice or document of a like nature which he may posess relating to the article. (2) If any person bringing .cr re~iving within the cctro.i or terminal tax Vm~t6 of. a Municipal area a conveyance of p"ck~,ng on which ###### octroi or termina l tax is or is believed to be 1 iable. refuses ';)0 the dem4nd of. an' officer ###### authorised by the Municipality in th~ behalf. to 'permit the officer to inspect. weigh ,'or otherwise ###### examine. the contents of the conv~yange or package for the purpcae of ascertaining·, whether .i t contains any articles in respect of which octroi Or terminal tax is paydble ~ or . ~ ref~ to communicate to that officer any information or to exhibit to him. any bill invoice or document of a like nature, whicl' he may po6SeBS r~lating to the article, or with t he intention of de~ro.uding the Municipality, consamtcatea any, such; informations ###### which is false or exhibits any 6uch:bill, invoice or document of h like nature whiqn is false. rorqeded or frauclulent. he shall be punishable with fine which ~1y extent to rupees,: fifty. _i.i_ :r ###### (3) Any Buell person may de~d that the conveyance or pa<;kaqe of bot.h, .es ~he case may be, shall be tasen without unneceeserv delay before a member ')r the Secretary or Magistrate, who shall cause t no inspection to- De made in hie ###### presence. ----- , , THE ANDAIIAII AND NlCOBAR llXTIIAORDI1Y GAZIm'E. DI£. 8. 1994 `55` I ' _,_ _i_ ###### 91. If goode passing t~ octroi or terminal Penalty for tax boundary of a Municiapl~ area liable to the evasion of payment of octroi or `termipal` tax. `than` `every` OCtroi or ###### pe~on ~ho, ,with intens~ to defraud the terminal `munlClpallty.` `Introduces` or `attempts to introduce` tax. ###### within the' said octroi or '~rminal tax boundary any 8UC~ g~ upon which ~nt ot the Octroi or tennmal tax due Oil introduction. has neither been _de nor tend' or ceueee ~ts # i ###### such int~oduction shall be unishable with fine which may `extend elther to` n times the `value of` ###### such oct.r.n or terminal tax.! or to f:ifty rupees, whichever amount is greater.F , f ###### 92. ( 1! In the case of r- non-payment of any Summary oct.roa OJ' terminal tax. 00: demand the officer recovery of empowered 'to collect the amne `may` seize `any` octroi or ###### artie I elm which the octroi or terminal tax terminal cherqeebl o , or any part, of its:burden of tax. `sufficient` `value to` `satiefy,itbe` demand inder the ###### cover of i't seizure memo in presence of witness. A copy thel'e<:>f be handed over to the concerned person of the after obtaininq his acknowledgement on the bocv of original seiZure memo. t2) `TIle` `Municipality.` after `the` `lapse` `of` `five` ###### devs from the seizure and ~ter the issue of a proc Ienet Ion fixing the t1~lD.inq and place of `sale,` may cause any properitv so seized, or so - much t.her ~f as `may be` neceseerv to.be `sold` by ###### public auction to satisfy ~he d.emand and the expenses occasioned by the :seizure. custody and sale t.hereof , unless the dau)aqe and exPenses are in the meantime paid: `Provioed` that, by `order 'ot the l~lrperson` or ###### a Vi ce-Cne i rperaop. articl esc or perisMble nature which car· not ba !tept to~' `five` days `without` ###### serious rreke of damaqe. IDl\X be solei atter the lapse ot such shorter time: as he may, llavinq regard tc the nature of the articles, think proper, 93.(1) An appeal against the assessment `or` Appeal ###### against levy of, c r aqainst the refusal to refWld any tax taxation. under this requ Iat i on shall l ie to the `Administrator` or `SuCh officer` `may be` `empowered` hy ###### him in trn s .be'hal f . (2) 1 e. on the hearin~ of -an appeal under this secti:.n, any question as to the liablity to. or the principle of assessment of a tax arises. `on` `WhlCh` `the` officer hearing `the` appeal ###### entertains reasonable doubt. he may either of his on mot ion or on too application of any pereon interested, draw of a stat~nt of the facts of ``` ~, ``` ----- 56, THE ANDAMAN AND NICOBAR EX'IRAORDlNARY GAZEITE. nsc. 8. 1994 ' ###### the case and th(" point; on which. doubt is entertained, and refer the'statementf which on opinion on the point for the decision ot 'the A<1min~strator. (3) On a reference .being made under sub- to ###### section (2), the eub-sequent proceedings in the C48e shall be , as nearly as may be, in confoI"llity ###### with the rules relating to references to the High Court cOntained an section 113 of the Code of Civil Procedure. 15;'08 an order XLVI in'the first schedule to that Cede. (4) In every c,ppeal. the coats shall be in the discretion oj the officer decidin~ the appeal. (5) Coots awc:.rded under this section to a Municipality sha]l ,De recoverable by the Municipality as it there were arrears of a tax due from the appelJant. (6) If a Municlpality tails to pay any coete ###### awarded to an appellant within 10 days after the date of the order for payment thereof t the officer awarding t he costs may order the person havinq custody of the balance of the Municipal Fund to pay the amI iunt . LImitations. 94. No eppee . shall be entert~ined under section 93 un Iesn the appellant haiJ' paid all other municipal i:axes due trom 'him to the Municipality 'upto the date of such 'appeal. and un 1 ess it has been preferred --' _J_ (a) where it ':'efers to a tax on any land or ###### building. within olle month of the publication of the notice prescr-Ibed by section 85 or sub- seotion (3) of 8e1;tion 86 or of the date of the final order under :~ection 86, as the case may be; ``` or ``` tb) where it nfers to any other tax. within one month of the d,1te on which a d~d was made , therefore: ###### Provided that an appeal may be, entertained after the expiry of the period referred to in clause (a) or clause (b). aa the case may be if the appellant satisfies the officer bef~e',~hom the appeal is preferred that he had 5ufficlent cause tor not presenting the appeal within that period. I' ,. ----- THE ANDAMAN AND NII;OBAR EXTRAORDINARY GAZEITE, DEC. 8, 1994 57 ###### Tax not ~5 . No dssesement and no charge of the demand 'invalid ###### of any tax made under this Regulation. shall be tor inpeached or affected by reason of any mistake in defect of the name. residence, place .ot :businese of form. ###### OCCupation of any per son liable to pay the tax, or in the ((ascription of any property or thinq liable to t.he tax, of any mistake in the amount of asset3SInf-nt or tax. or by reeeon ~y clerical error or other defect of Form; and it shall be enouqh in any such tax on ~ property or any ###### assessment of value for the ptirpoee of any such ", tax if t.he property taxed or asaeased is so ###### described CIS to be qenerally known. and it shall not be necessary to name the owner or, occupier th~reof. `Remi sa ions` 96. (1) ), Municipality may exempt. in whole or and ·exe- in part. for any period not exceeding one year , `mptions.` tran the pet -,.ment of any tax. any person who by ###### reason of p)verty is. in its opinion, unable to pay the same. and may renew the such exeation as otten as may be necessary. (2) A MUllicipality, by a resolution passed at ###### a special lnedtinq may - ta) provide that any person or all persons may be e l Iowed to canpound for any tax imposed under c Ieus« (9) of sub-section (1) of section eo: or lb) sunject to the control Of. the .Mministator - (i) abo! ish suspend or reduce in amount any ###### tax imposed under section 80; or (j i) for a special reasons exempt in whole or ###### in part fn'ln the payment ot any such tax any person or (lass of persons or any property or description (It property. (3) The J:dJllinistrator may by order in writing exempt in wl.ole or in part fran the payment of any . such tax any person or class ot persons or ``` any property or description of property. ``` _c_ _:_ 9'/ . ( 1) E\, ery person shall on the demand of an Duty of rur- `officer` `duly authorised by` the `Municipality` in nishinq true ###### this behalf furnish such information as may be· mroreat ion necessary in order to ascertain whether such regardinq person is able to pay any municipal tax: and liabll ty to every hotel or lodqinq-houee keeper or Secretary Municipal `of` `a` residential club `snall` also on demand made `taxation.` ###### as aforesaid furnished a 1 ist of all persons residinq in such hotel, Ioaqmq-house or club. , , ----- , ~~ ~l tr, 'I' `58.` THE ANDAMAN AND NICO,BAR EXTItAORDINAR't GAZEITE, l~EC. 8, 1994 ###### --,-------------------_ .. _---'- .---~ •• ;r_' ---.-..,---- (2) : If any person BO caned upon to fbiSh ~uch information oai tn to do so or fur'~iBhea lnformation which' if-oJ untrue he shaH be punisho.ble . with fine, which may extent to' one hundred rupees. 4 . `98.` Subject to the provisions `of` s~ection Taxes when ###### (6) of section '81 an,i'od sub-section (1) of payable. section 85. any tax imposed under this Ghapter and payable per iod ical I y shall be payable Qn' such' dates and in such instalments (if any) ~ the Municipality may direct. ' ,~ ~ , Y9. No object ion slall be t~en _ t~ vatuation . . Taxation ###### or esseeseent , nor sl;all the llablll ty ; pf any not to be person to be assessed or taXed '00 questioned. in questioned any other manner or by' any other authorit~ than except `is provided` in'this Hec-ulotion. e' under Regu- . , t lation. , 100. No refund of .iny tu shall be c~aimable Refunds. `by` any person otherwiHe than is accordan¢e with ###### the provisions ,of this Requlations and th~rules. CHAP rER VIII ~~ ###### f ~ ###### Public Heel t.h and Safety ~ I. jl A. Welter SUpply i I, r 101. (1) In a Il,unicipal area in I.which a Provision general water-rate it: levied clause (g) fOf sub- `at` water. ###### section (1) of aectioi. 80 the Municipal i ty shall. and in any other case a Municipal i ty may, provide `a` `SUpply'` of drinking water within the `~unicipal` ###### area and shall cause such tanka,r~ervoir6 engiens, pipes, taps and other works as( may be neceeeerv tor the saiol purpoee, to be copatructed `and` maintained, whe:her within or witpout the ###### Municipal area and Shill erret sufficie~t atand- paiee or other conveniences tor the G!atuitous supply of water to the public. ~ (2) The Mwlicipality shall .es t far as ###### possible. make edequete provision.to en"ure th~t such supply is cont ir oUS throughtout t~ y~ ,and that the water is at all times pure ano. flt for human consumption. i " , ' 102.(1) A Municipality may,on applipatipn by Supply of ###### the owner or occupier of any building .errence tor water. s,upplyin!l water frOID the nearest main. ~<:' the same for daoostic purposee , in such quantltz;l8S ~ it thinks reasonable, and may, if it ~l(:' conaidere necessary. 1 iIlli t t ne ammount of wai. er to be so supplied. ---- ----- 1HB ANDAMAH AND IUCOBAR EXTRAORDINARY GAZE1TE. DB:. 8. 1994 59 Exp1 &'lUtion A supply of water for ###### dc.estic purpoee shall not be deemed to include a supply -- (a) fo)' any trade,manutacture or bu8ineee; ###### (b) to)' gardens or for puI't)a:Ie8 of irriqatiat: (c) to)' bulidinq Purp0ee8; ###### (d) f01' fountains.swi!IJDi~ .baths. or far any `ornamental` or mechanical purposes, (e) for animals,were they are kept for sale ###### or hire J or the sale of their produce or any `preparatioJ` therefrom: (f) roi watering roads or paths. ###### (2) A Municipality may with the ~ction of the sub-o mnittee supply water for any purpoee other ther, a dalestic purpose on receivinq a appl ieatia- specifying the purpose tor which the eupplv is 1 equired. and the quantity likely to be consUJJied. Provrded that the Municipality may withdraw such BUpP.1 y `at` any time if it should appear ###### necessary to do so in order to mantain a ``` sufficient supply of water for dc:oestic purpoee8. (3) r or all water supplied under this section, payment shall be made to the ``` Municipal it _y_ at such special rate or rates as may .be prescribed under clause _(q)_ of sub-section (1) ``` of section dO. ``` `'Making` 103. Wtlere water is to be SUWlied under connec- section 1\.}~, all neceeeary ~OOIIRunication pipes ###### tion with and fitting shall be supplied by the lUlioipality municipal and the ,orkinq of laying Md a'PPlyinq a such, `water` cammunicati)n `pipes` and fittings shall be `works.` executed bY' the Municipal anqency under ###### the orders )f the Municipality. Provide 1 that the cost of makinq any such connection and all caI8UIlication pipes and fiting 60 supplied and of all work so executed shall be paid by the owner or the person making the application for water supply: Provided further that tbe Municipality may. if it think,! fit. provide a meter and charg'e rent for same. or may require the owner or applicant to provide a meter of such size, _terial and descripiton as it may approve. ``` ,:. ``` " "s,. ----- 60. '!liE ANDAMAN AND NICOBAH EXTRAORDINARY GAZEtTE. DEC, 8. 1994 i Obligotion ,104, (1) Any owner )f occupier of any building of owner or .l~d.in or o~ which water supplied u4der this `or occu-` Hequlat10n 18 m1sused iue to negliqence:or other ###### pier and crrcuastence under hi~3 control or is used with , power ot out permieson in eXC.3SS, or the' quantity fixed ###### .. the MWli- under section 102 or ill which the pipes~~ mains or ctpat rty other works are om. of repair to (such an to cut extent as to pa.es w~3te of water. ,8hatl if he ott has xnovtedqe there or , De bound go giVe notice water of the to such office~ os the MWlici~lity mAY `supply.` appoint `in this behalf` . it `(2)` `if` any person Hh06e pemises are~ supplied with 'Water neq l ect to l)dy the water r(1t~f or ' any sum payable in respect of the wat~r III supplied ###### under this Regulatioll. or to give ~.:otice as provided tm,:der: >~~e\;tion (1):. or wi! 1fully or neql igently: misuses or c01,L6es 'Waste of ,\>.~oter the. Municip!11ity may. afte]' giving him sucn"tnotice ~, it, : .,de\\$i6 :,reosonab 1 e ill the' circUmstanesl cut of f the,5upply of water fr(lIll his premises,' ; .. ,' ,', B. Protec-uon from fire , ###### Equlpment 105. A Municipal-ty may equip itflelt with for ren- such implement" appl iencee and ot-her mat:eiia'ls as ###### d.ennq it mdy think necessarY for, rendinq assi~tarice in ass rst-: ext.inqui sndnq" fires \U1d protectinq life and ance in property when fires OCI iur . '," ," . ~ ...•. . . extinqu- .•.. aemnq ." " f i re . -, -;: .Power of 106. (1 ) On tne occasion of a r f ire a ###### municipal area, any ~\qistrate the Bec~etary or certain persons any member of the Munidpolity or any m(;mber of a for supp- fire-brigl1de then end there dir~c(,ing tl:le ression ooeret.Icns of JOOn belol(qing to the prig~de or ~y of tire. pot ice officer directec; by a Magistrote . 'i~Jna' ~ Y--' (,a) '. remove or order tho removal ot any [,ierson W'ho ###### by )):i9 presence interferes 'with or ~~~es' t.he operations tor extin<;,uishing the flr~' or for saving 1 ite or propert'· , ' ;;~ , ' , .:~," i: (bl. Cl06~ any atreet OJ' passpge in or n~ar which ###### any fire is burning: \ , I (c) f~r the purpooe' cr exd,nq~ls\iing' the ###### fire .bI'e~ ,into or i.fu-ouqh or ", pull, .dovn any premises .: : ~r, "cause allY premises, to ,be brok~~ into or through or to 116 pulled down or: used tor tll~ ~aag~ of housea or other appliances; ~ ',; " .' r ###### (d) cause mains and pipes to be sh\lt oft so as to give oreeter pn IBaure of water i~ or neer the place where the fire hM ocqurred; ; " oj '. , _:1'_ ----- THE ANDAMAN AND NIt:OBAR ~ORDINARY ~GAZEITE, D8:. 8. 1994 61 . (e) cal -. `on the persons` in, charge _ot_ `any fire` `enqlne to` `render` such `asei~ance` as may be ``` possible; alld ``` ( f ) `gellerall y ,` `take such` measures as may ``` appear nec~~ for the preservation of life or property. ``` (2) '({ben any `Governme:nt` `building` is ###### endangered by fire, the officers of the public `Works Depart.ment` for the time `:.teing` `in charge` _.ot_ ###### the bulidilg mAY exercise the powers conferred on `a` `Magistlate by sub-section` `(1).` `.` `.` ###### (3) No r ereon shall be liakle to pay damages `for any ac~ done by him` `in good faith` `under` this section. (4) An') `damage done` in tne `exercise` of a ###### power confe-rred or a duty impceed by this `section` shelI be deemed `to be` damaqed by fire `within the` meaninq of `any policy` of insurance against tin. ###### (5) Th€- powers conferred by this section shall be subject to any conditions of ``` restriction~ Which may be impoeed by the Administratcr. C. Drains and privies 107. (1) A Municipality may by notice require Powers of the Muni- the owner of any building or land in the pality in municipal at ea- respect of drains, (a) to provide move or remove any drain privy, lat rine, urinal oeeapool or other privies. receptacle f or fifth or refuse or provide any etc. additional drains privies .latrines urinals cesspools or other receptacles;as aforesaid which should in its opinion be provided for the buildinq .or land in such manner and ot such pattern as t he Municipal ity ma}' direct; ``` 'l.b) to `have` any privy, `latrine` or urinal ###### provided with soae shut out by a sufficent root. wall or fences frem the I view of' persons passing by c r dwelling in the r,eig~hood or to `remove` `or alter as` the Munici~~lity may `direct` `any` `door` or `trap-door of` a `;)riVY` `latrine` `or` ###### urinal ooeni r'lg on to any ,st~eet or road: or lC) `to` `;loee,demolish, re~air.` `alter or` `put` ###### an qood oro er any drain. pri V'J latrines. urinal ``` ca5sPool or receptacle for any fifth or refuse. ``` ----- 62; THE ANDAMAN ANP NlCOBAR FX1RAORDINARY GAZE'I"I'E. DEC. 8, 1994 ###### --_._--------.,.. ---_._--------_. --- (2) A `MWlicipality` lilaY by `notice` `require` `any` `person` `who constructs` J n the municipal `area any` `new` `drain` `privy` `latrlne` `urinal` `cesspool` `or` - ``` receptacle for fift!. or refuse without ###### its permisson in writlng or contrary to its ``` o ``` directions or to tl~.e provisions of this Regulation or of any byf."-lawa or Who construucta rebuilding or opens ony drain privy latrine ###### ur tne l-cesapool or recer.tacre for fifth or refuse Which it has ordered tc be demol ished or cloeed. or . not to be made to d~·molish the drains, privy latrine urinal cesspool or recepracle or to make such alteration therein as it thinks fit. (3) A Municipality nay by notice. require any ``` `person` `who` `without` itE: `permission` `·in.` `writinq` `newly erecis or rebuilds` `any building` `over` any ``` sewer drain. culvert, wet.er-oouree or water-pipe ``` `vested` `in` `the Municir'ality` `to` pull `down` `or` ``` otherwise deal with the same ~ it· may tnrnk fit. 108.(1) A MunicipalJty may by notice :. require ``` `the` `owner or occupier` c `r` `any` `land` `on` `which` any ``` drain, privy latrine, urinal, cesspool or other receptacle for fifth or refuse for the time being exists within fifty teet or any spring, well, Removal of tank. reservoir or other source trom 'which water latrine5. ###### is or may be derived for public use to remove or etc" near close the same within cne week from the service any source of such notice. of 'Water supply. ``` (2) `Whoever` `withol,t` `the permission` `of` `the` `Municipality fails` tCI comply `with the requir~nt` ``` of the notice referred to in aub-section (1) shall be punishable witt fine which may. extend to twenty rupees and wi t· h a further fine not exceeding ten rupees fcr each day during which the -offence is continu~d after the lapse of the period 'allowed for compJience therewith. ###### 109. Whoever wi thol.~t the permission of the Improperly MlUlicipality-- discharging sewaqe and (a) causes or knowlnqly or negligently the iDdkinq or water on any sink. sewel or cesspool or any other ~lterinq offensive matter to flc'w, drain or be put upon drains ``` `any` `street or publ` `ic` p) `ace or` `into` `any sever or` `without` ``` drain. not set after fcr the purpose. shall be authority. ``` `punishable with` `fine wl,ich` `may extend` tOI `tw:nty` ``` rupees. . '. (b) makes or causes to be made, or alters or causes to be altered ary drain leading into any sewer or drain vested )n the Municipality shall be punishable with fine which may extend to fifty rupees. ``` ----- THE ANDAMAN AND NICOBAR EXTRAORDINA~Y GAZEllE, DBC. 8. 1994 63 D. Layinq and connectinq pipes, !98Wers ###### .- and the like 11U. (1) A Municipality thaY lay or carry any Power to CI main pipe drain. sewer or c~nel of any kind for lay or ###### the purpose of carrying (t,ut establishing or carry mains, maintaininq any eystem of w~~ter supply drainage pipes. drains or seweraq9 throu~h. across under or over any or sewers for road or str3et or any place laid out or intendent water supply as a road ')r a street or atter qivinq not less etc. than fourte~n days notice in writinq to the owner or occup ie : in to through across under or over any land or building situated within the municipal a-ea, and may at all times do all acts and thinks which may be ne~ or expedient for repairilg or maintaining any such main, pipe. drain, Bewe'- or channel as the case may be in an effective 3t~te for the pur,poee far which the same may be used or Int.endeded to be used: ###### Prov ide.l that no nuisance or interference with the rLghts of the owner or occupier to the entovment ·)f such land or bui ldinq , ehall be created by any such operation to any larqer extent than what i6 ebsolute.y necessary for the proper exec.rt ion of the work~ ! ###### Provrde-t further that no: such operation into through, a ~r06S under or over any major road or Government )uildinq or !and.,shall be carried out except wit'l the permission' in writing of the Public Worx 5 Department: '(. ###### Provide l also that rea:';-onable compensation shall be p lid to the owner or' occupaer' for any damaqe at tile time BUBtained~by him on account of or direct )ccasioned by the. carrying out ot 'any 1 ###### such operat:.on: t . `111.(1)` No person 61~11, wlthout the Connection ###### permission of the MunicipaLty at any time make mains etc. or cause . to be made amy connection or communicati,m with anY.main, ~pipe, drain. sewer, or channel .;on5tructed or ma,intained by or vested in a Munici.t>ality for any purpose whatsoever. (2) A f'ltmicipality may prescribe the size of ###### the feerull~ to be used for;: the auppty of wa~er and may est, ib l ish meters or other appllances for the purpose of testing the quant1ty of quality of any water s:lpplied to the promises of any person or to or for the use of any person or business. (3) 1"18 ferrules, C<:mmlWl i cat ion pipes, ###### connections meters, et.end-p.pee and all fittings thereon OJ" conneoted the~~'With leadinq fran mains. prp ss , drains. seweri3 or channe is in to any bu i Id riq or land and the pipes tittinqs and ----- 64. THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE, DEC. 8. 1994 ,--------- ``` works inside any such builduing or' within the ``` `limit` `of` `any such` `land,` s'hall in a-ll `cases` `be` `executed subject` `to·th€,` `insepection` `by` `and` `to` - `the satisfication` `of` th{, `Municipality.` ``` (4) A Municipalit)' may fix the fees to be charqed. for the eetablJahment by or through its agency of communication from and connections with mains or pipes for the supply of water dod may levy such fees. ~ , E. Disposal 0)' surface water ``` `Trouqhs` 112. (l) `The` `Municipality` `by notice require` `the` and `pipes` `owner any building` `or li~d` `to put` `up and` `.keep` `in` ``` for rain good condition proper throughs 'and pipes for Hater. receiving and carrying the water including the ``` `rain` `water` rrce `the` q!i Iding `or` `land` `and` `for` `discharging` `the` `same` ~JO `as not to` `inconvenience` ``` persons passing along tile street. ``` (2) `For` `the` PW'POS"l of `efficiently` `draining` ``` any building or land in the municipal area 'a Municipality may by notice in writing -- ``` (a) `require` `any` `court~yard` `alley` `.or` `passage` ``` between two or builoings to be paved with such materials and in such ~ner as may be approved ``` by `it;` `and` (b) `require` `such payjng` `to be` `~ept` `in` `proper` ``` repair. ``` `f.` `Bathing` aId `Washing` `places` i f ###### 113. (1) A MWlicipcllity mo.y set a.pa.rt 'suitahle `Bathinq` `pla.ces` in `the` munfc ipa: `area.` `tor the purposes` `of` , ' `and` `bdthing` `and may speci1y` `the` `times` ~t `which` `and` `waslling` `the` `sex` `of` `the` `person` l~ `whom persons such places` may be `used end may ~lso` aet `apart` `suito.ble` ``` places. ``` `places` `for washing` `anil~ls` `or` `clothes` `or :for` any ``` other purpoooa cOllllected with the health cleanliness or cOmfort of the inhabitants of the ###### municipal area; end allY public notice prohibit ``` `the` `'bathing` or `washin,r` `of` `animal` `or clothes` `in` `any` `pub I ic` `place` `not` 81) `set apart` `or at` `times` `or` by `persons` `other tha'l` `thoee` `specified and-` `any` ###### other act by which 'Wo.t·~r in publ ic plaoea may be ``` rendered fOUl or unfit tor use and may charge fees for the use of su::h places by any specified claas or classes of oersons or by the public generally. ``` / ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DB:. 8. 1994 - 65 (2) t\ `Municipality may fix by notice places` ``` at .which articles or clothinq. bedding or other artIcles which have been exposed to infection ``` `aha 11` ~ `washed and no persons shall` `wash` `any` ``` such ert ic Ies at any place in the Municipol area not so fixed. G. Cleaning- Removal 114. A Municipality may fix places within or and with the approval' of the Deputy Commissioner dipcsit beyond the limits of the Municipal area for the offen- deposit of refuse rubbish or offensive matter of sive any kind )r for the disposal of the dead bodies ``` `matter.` `of` `anima s` `and` `may` by `public` `notice` `give` ``` directions as to the time manner and conditions at in ant under which such rubbish offensive ``` `matter` `or` `dead bodies of any` `animals` !Day `be` ``` removed along any street and deposited at such places. ``` `Fa i Iure` 115. wnoever `bainq the owner of` `occupier` `of` ``` remove any bu i Id inc or land in a mUnicipal area, kee~ offensive or knowlinoly or nqliqently allows to be kept for matter. more than ~wenty four hours or otherwise than in some proper receptacle or pit any dirt dung bones ashes niqn':.-eoil or filth or any noxious or effens:i ve m,ltter in or upon such .bui ldinq or land or suffers my such receptacle or pit to he in a filthy or noxious state or neqlects to employ proper meantl to cleanse and purify the same shall be puntenao .e with fine which may extend to fifty rupees. Penalty 116. Wh{~ver commits or permits any servants for or for member of his house hold or .eny person nuisance. under his control to whom the provisions of ``` `section` 82, `section` 83 `or section` 84 `or the` ``` Indian Panel Code or applicable to CCtDIIlit a nuience upor any street or into any publ ic sewer ``` `or` `drain` c r any `drain` `camnunicating therwith` ``` shall be punishable with fine which may extend to twenty rupeE's. H. House Cleaninq ``` `Defination` 117. `For` `the pupoee of` `this Regulation house-` ``` at' house cleaninq mea~s the removal of filth rubbieh odour cleaning. or other of Eensive matter from a privy latrine, urinal. C8S13pool or other caDIDOn receptacle for such matter in or pertaining to a, building ###### incrudano ,It:-J appurtenances. ``` , ``` Undertakinq 118.(11 It shall be the duty of every of house Municipal ity to make such arrangements in to ``` `cleaning` `maintain` ft `system of` `such servants` `for` `house-` by `Muni-` `cleaninq as` t `may deem fit.` ``` cipality. ``` ----- 66. THE ANDAMAN AND NICO.BAR EXTRAORDINARY GAZirrrE., DEC. B. 1994 I to (2) The Municipality ahall charge laucn rate ###### or rates for ~ouse-cle'lIlinq as mllY be i jpreacribed under clause( 1) of sub-eect1on (1) of 'S!6ction 80. •• . ~ (3) Any servant ~)f a Municipality who is ###### e~ployed in house~cle~1ing may at all "~easonable tllOOS do all thlngs necessary for t'he proper ###### performances of any house-cleaning under' tal<en by the Municipality. ; t ('4) All matter rereoved by the eery;enta of a ###### MWlicipality in the course" of hOuB\~-cl~inq . she ll OO100g to the Mw dcipali ty. ,r r , 119.(1),Whenever WLy animal in the bharge of `Disposal` ###### any person in a mun~dpal o.rea dies:' otherwise of dead than by slaughter the person in cherqe thereof animals. shall within twenty rour hours either ~+ , (a) convey the car cases to a Place! (if any) ###### fixed, by the Municipal ity under section 114 for the disposal of the deed bodies of animals if no su~h plac~ has been fixed to some; suitable atleaat one mile beyond the limits of the municipal area; or: (b) give notlce of the death to the ###### Municipality whereupon the Municipality shall cause the carcases to be disposed of. `(2),` In respect of the dispooal of ,the `dea.d` Dod:ies. of an animal uder clause (b) I of eub- ###### section{b) 'the Municipality may change nuch fees as it `may by public` notice prescr) be \ in this ###### behalf. ', t \ (3) For the purposes of this sectiQr~ 'animal' ###### means . and includes horned cattle, f1lephants. camels, ,horeseB~' pern es , asses, mulf,..a,' deer, sheep. goats. swine and other large ani,,~ls. (4) Any person who fails to comply fJi~h the ###### provisions of sub-section () shall be ~unlshable with fine which may ext3nt to ten rupe~. , , ) ( ###### I. Slaugnter Place l ( Place for ,120. A MWlicipality may with tbe approval of'- the ###### slaughter of Deputy Commissioner, appoint premises i, for, ~he animals for slaughter of animals fo.::" sale or, of ~Y,13peClf:ed sale. discription of such aniHlals and may wlth the l ike approval grant 1 icenc.~ for. the use', o~ B~ch premise5 or if they be.!.ong to ,the MunlClpa.llty charge rent or fees of ~:he use of the Sd':D6. ----- , " TIm ANDAMAN AND NIO)BAR EXTRAOODINAA~ GAZF:ITE, DEC. 8, 1994 67 ###### --------------- -----------.------ --------- ``` 121.(1) Where a Municipality has appointed Animals to ``` .. `any premises` `under` `section` `l?O` `no` `person'` `shall` `be` `slaughtered` ``` slaughter an t animal for sale) at any other place for sale at ``` `within the mwnicipal` `area.` ! `authorised` ``` places only. ``` . (2) `Any` `person` `who` `contratenes` the `provision` ``` of sub-se9tion (1) shall be ptlpiahable with fine which may extend to twenty rupees. J. Food ``` 122. A `Municipality may` `regulate` by `bye-laws` `the` `Control` `of` ``` keepinq of any place in the municipal area as a sale of ``` `hotel.` reeteurent , `lodqinq` house, `t-etall.` `food.` `bakery.` conrect ionerv `or aerated water` `factory,` `or` `as` `a IIlf\rket` `of` `shop` `for 'the` `sale` of `fruit.` ``` veqetables. sweetmeats. miik. animals, meats, fish. eqqs. fowls. or any thinq intended for human food and such bye-laws may prohibit the keeping of any place for any ~uch purpose save under and "n accordance with the condition of a ``` `licence` `gJanted` `in` `that` `behalf` by `the` ``` Municipal it'·. ``` 123. `Wh,` ever , `teeds or` `ar` lows `to be` fed `any` `Penalty` `for` `deleterious` `substance` `filth` `or refuse` of `any kind` `feedinq` `any` `animal` `which` is `kept,` `or` `is` `intendant` `to` `be` `animals` `on` `used,` for `the` `supply` `of` `milk` `or` `food` `to` `the` `deleterious` `inhabi tants` `of` `a` `mWlicipal` `area,` `shall` be `a` `substances.` ``` punishable with fine which may extend to fifty ``` , ``` rupees. K. Danqerous diseases ``` .1 .. " `Information` 124. Wh »ever ``` t.o be qiven ``` (a) `being` `the` `owner` `Sr` `occupier` `of` `any` `on` `infectl-` OtiS `or` `con-` ``` dwelling olhar than a public hospital in a taqious ``` `municipal` `area,` `and beinq` `cognizant` `of` the `existence` «r `any` `infectious` `'or` `cont.euroue` `disease` `diseases.` ``` therein; or ``` ( b.l bE 109 `the` `person` j n cnerce `of ,` `or` `in` ``` attendance on, any person suffering from any such ``` `uisease` `ir` `such` `dwellinq` ar-d beinq `cognizant` `of` ``` the existerce of such diseaEe therein, fails to q've information to such officer as the ``` `Municipal i t.y` `may` preecr tbe `in .this` `behalf.` `or` ``` qives falsf! information respectinq the existence of such d, sease, shall be P,Uflishable with fine which may tlxtend to fifty rupees: Providnd. that a person eucn as is referred to ``` `1n` `clause` Ib) `shall` `not` bel `punishable` `if` `he` `had` ``` reasonable cause to believe that the information had been. or would be, duly c iven by a person such as is referred to in clause (a). ``` J ----- 68. THE ANDAMAN AND NICOBAH EXTRAOHDINARY GAZETIE. DEC. 8, 1994 ,f, , , `Disinfec-` 125. (1) If `a Munici pal i ty` `is` `of,` `op.irrion` `that` `tion` `of` `the` `cleansing` `or` `disinfecting of` 0. `bui~ding` `in,` .bui 1 dinqs ' the `municipal` `area or any` `part` `thereof.` `or` `of` any `and arti-` `articlG` `therein,` `whlch` is `likly` `to` `retain` `cles.` `infection` `will` `tend` `to` `prevent` `or check` `the` u `spread ot` MY `dieea.se.` `or` `is otherwise` `necessary` ``` it may. atter giving a notice to the Owner or occupier, cause the same to be cleansed. or disinfected in such man.ier as it mo.y deem fit. ``` `(2)` `Whoever` `knowingly` `lets` a `house` `or` .otner `b4ildin~,` `in` 0. `m1micipol` erea `or part` `of` ``` such a house or buildinq, in which any person has' been Buttering ,i:rom an infectious or ``` `,contagious` `disease` `without` hevinq `such` `house or` ``` buHd~ng or part thereof. dlld all articleS therein ``` 1 fable `to` `retain` mrect ion `disinfected` `to` `the` `satiSIo.tion` `of` `the` `t,~unicipali ty` , `shall,` `be` ``` punishable with fine ",hich may extend' to two hundred rupees. Provision 126. In any munici~\l area. the Municipality of palces may-- ``` `and` `appli-'` (a) provfde `proper` ploces `with all` neceesery ``` ances for attendants and apparatw:, for the disinfection of disinfec- conv~yances. clothing, j~ding or other artic~ea tion. which ,have been exposed to infection; (h) cause conveyanve, clothin'g, be4ding or other articles brought for disinfection to be ``` `disinfected` `free` `of` `charge ~or` subject to such, `charges as may be` `approved` by `it:` `or` ``` (c), direct any clothing, bedding, or other. articles likely to retain infection, to be destroyed: , ~rovided that the Municipality shall give compensation for any article destroyed under this section. ``` `Penalty` `tor` 127. `Whoever,` `whlle` `suffering` `from` `an` ``` &cts done' infectious. cont~gious)1" loathsome disease or ``` by `P8rsons` `disorder.--` ###### eut rer mc , ``` trom (a) makes,or offers for sale, any article of ``` `certain` `food` `or` `drink` `for` `hU'naIl` `consumption` `or` eny ``` disorders. medicine or drug: or _ ``` (b) `wilfully` `toucnea` `any` `such` `article,` ``` medicine or drug, when e~e or 601e by others. or ``` `(c)` `takes any` `part` i~ `the buisnesB` `ot` `washing` ``` or earring soiled c lotas , shall be punishable ``` `~ith` `fine which 'may` ext.e id `to` _h/enty_ `rupees.` ----- THE ANDAMAN AND NlCOBAR EXTRACiU)IN~Y GAZE'l1'E, DEC. 8" 1994 69 ``` -------------------------------- ###### Prohibition 128. If a Mupicipality, on the report of the by Muni- Senior Medical Officer or Health Officer. cipality considers that the water in any well, tank (yf' ot use of other places in the IlWlicipal area likely, if " unwhole- used tor 'irinkinq. to generate cr cause the scae spread of Ol1Y danqerOUB disease, 1 t may- water. (a) by public notice prohibit the raDOval or use of such water for drinking; ``` `(b)` by notice require the owner or person ###### having control of 'such well. tank or place to take such steps as may be specified in the notice to prevent the publ ic frolll havinq access to or using such ",rater; or ( c ) tak.,'. such steps as it may, on the advice ###### of the Sen)or Medical Officer or Health Officer, consider eA~ient to prevent the qeneration or spread of ar',y such disease. L, Burial and Burning-Places ###### Appointment 129.(1) A Municipality shall with the of places previous approval of the Senior Medical Officer. as burial by public notice, appoint places which ehall be or burn- used as. bur i a! or burning-qro\.lllds, and shall also inq define the limits of such pl~es. qrounds . (2) No burial or burning-ground, whether ###### public or private, shall be made or formed in a municipal area or within one mile thereof without the permissl~ in writing of the Municiaplity. (3) No :>arson shall, without the permiseion of the Muni:::ipality. bury or burn, or cause or permi t to D3 buried or brunt, any corpse at any place in t.ne municipal area except. a place appointed. bv the Municipal ity as a burial or burning qround. (4) Wh~~ver contravenes the provisions of ###### sub-section (2) or sub-section (3), shall be 'punishable with tine which may extend to fifty ###### rupees. Control 130.(.1) i, Municipality may, by public notice, over re- prescribe routes for the removal of corpeee to moval of burial or bwninq-qrounds. ``` corpses. (2) Wh~,ver carries a corpse along a route prohibited ly the Municipality. or in a .manner like 1 y to c euee annoyance to pub 1 i c , aha 11 be punishable vi t.h fine which may extended to ten rupees. ``` ----- iI, i ``` 'l0. ###### -;._ THE ANDf&N AND NICOBAR EXTRAORDINARY GAZE'I1,IE. DEC. 8, 1994 ------------------~'------------------ j ``` M. Denqerous to InBani'~;ary 'Building and lplaces ###### 131: If any b~i Idillg. tank reeervoutr , Pool 'I< " Powers to depresslon or excavatioll in a mWlicipal ~ea, is. require . for want of BufficienC . repair. protect.fon " or building, encl<;>sure, denqerous to the persons dwening or wells, tanks, workIng therein or in the neighbourhocxl thereof etc .• to be or to persons passing JJ)'. the Municipality may, secured. `hy notice. require the` owner or occupier thereof ###### to repair, protect or nnclooe the same. and if the requirement of SU~1 notice is not ~pleted with. the Municipality aholl forthwith ;~take at the expense of the cwner , any st;.eps ~hich it thinks necessary for t.ne purpose of iovertinq imminent danger. I , \ 132. It in any mun 'cipal area any building. Powers to ###### W(lll or structure or allY thing attixed ~tnereto, order re- or any bank or trn6. is deemed ;hy the moval or Municipal i ty to be in d ruinous atate or! 'in any repair of way dangerous, the Munidpality.- may. by ~ notice. huildings, require the owner thel-eot forthwith either to etc. in ###### remove the same or to 1!aUS8 such repairE"1 to be dangerous aade to the building. Hall structure or ,Ibank as state. ###### the Municipality may cunsider necessary;for the public safety. ond, `if` tbe requirement _iot_ sucb ###### notice is not complie'l with, the Mun¥Cipality shall forthwi th take. at the expense of the owner. eny steps which it thinks neceesery for the purpose of averting imminent danger.l . ~,. .. : .. l33. If the owner or occupier of onyr.builciing Powers to or lend in a municipal area suffers the}same to order clen- be in a f i 1 thy or unvholecee st\J.te the sinq ot ###### Municipality lII8.y by n·)tice require hil.1 within filthy twenty-four hours to cleanse the :Hame or build.inq or otherwise put it in a proper state and t,i1ereafter land. to keep it in a clean and proper state and if it appears to the Municiptlity to be nece~lary for sanitary purposes to do so it may at anyJtime by notice, direct the occupier of any hui '~dinq in the municipal 'area to lime-wash or ~therwiee cleanse that building lnside or outside, in such manner and within such .)9riod as may be (specified in the ,notice. `134.` `A Municipality` may, `IJy notice,;` require Power to ###### the owner or occupier of any land.~in the require mUnicipal area to clear away and remove ~~erefrom owner to any thick vegetation )r underqrowt~ .w~~ch may clear away appear to the Municip~.lity to be .1~.1U~1<?US to noxious health or otfensive t.c persons realdln~:: an the vegetation. neighbourhood. , il l : i , i.J . , i - ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, pa;. 8, 1994 71 135. A. Muni cipal it Y may, 'by notice, require Power to ###### the owner or occupier of any land in the require municipal aI ee to cut or trim within three days hedqes the hedges orowing thereon and bordering on any and trees branches of trees growing thereon which overhang to be any street and cbstruct the same or cause danger trimmed. or which SCI overhang any well than or other source fran vruch water is derived for publ ic use dB to be likf'ly to pollute the water thereof. ###### . 136. If 1he Senior Medical Officer certifies Prohibition that the cultivation of any description of crop of culti- or the usc of any xind of manures or the vation. use irrigation ot land in any spec if ied manner -,- of manure or irrigation (a) in «nv place with in the limits of the injurious to municipal «ree is m jur ioue or tac:i 1 ities hel!llth. practises wLic;h are iniurious to the health of person dwell.lOg in the neighbourhood: or (b) in tHY place within or beyond the limits ###### of the mumdpal area. is likely to contaminate the water~Juppl y of the mun icapet area or otherwrse reudere it unfit for drinkinq purpoeee . the Municipc',\lity may with the approval of the Administrat(l)', by punl rc notice, prohibit the culUvation (If Buch crop the use of such manure, or the use of the method of irrigation so reported t(l be in jur-ious ' or impose such conditions Iii th respect then3to as may prevent such in jurv (,r contamination: Provided that when on any land to which such notice epnl il:s the act prohihited been practised durinq the five years immediately precedinq the notice in .he ordinary course of husbandry compensation shall be paid from the MuniciPal Fund to all persons interested therein for any damaqe caus'~ to them by the effect or such notice. N. ')anqerous or Offensive Trades `137.(1)` No place within a municipal area shall be Requlation ###### as.offensive used -- (a) for ,nel tinq tallow or fat; and danqe- (b) for boilinq or dryinq bones offal or rous trades. blooi.: `(e)` as 1 soap-house. oil-boiling-house, ###### tenn~ry, or barber's shop: (d) as a brick-field. brick-kiln, pottery or . lime kiln; ###### (e) as alY other manufactory, engine-house or plac3 of business from which offensive or unwh )lesome smell noises. fumes or smoke ###### er is ~: ----- ! f, '72. THE ;ANDAMAN AND NICOBAR EXTAAOiIDINARY G~. DEC. 8, 1994 ###### --------- ---------- -------- `'(t)` as a yard or dep)t for trade in hay, straw ###### thatoh~Jlg gras<3, <iry l~vEu~' wood charcoal. or coal of 'other da.~geroUBly inflaJDIDable m.o.tedal i, or '~' (g) as a store-house for any explosive or tor ###### petroleum or any in!' lammahle 10il or spirit. except under ali cence gr~ted ~ by the Municipality which shall be renewable anpuallY. `(2)` The licence sholl not `be withhelh` unless ###### ~he Municipality considers, that the t, business which is intended to be established or ~intained would be the cause cf annoyance. offence or danger to persons residing in freguen.tina::=:rne.: immediate neighbourhocd or ,that f.m::..:_@Mral iea.sOriS--the estaJ:ilT8fiD~tor such busi 1~l3 in the l'Ocat:tt'yfs uhdeslraD1E. ' ' ###### ~--------- , (3) The MW1ici~lality may choi:ge fees ###### according to a scale tCI be fixed by bye-Jaws for such licences and may impose such conditions in respect thereof as it Ii.ay think necessary .. \\ . `(4)` Whoever. wi1.hout. a licence or in ###### contravention of the condi tion of ~y .sucn licence, uses ariy p lace for any such p¥poae as is specified in this aoct ion shall be ~Ju!liBhable with fine which may extend to fifty rupees and in \ ###### the case of cont inurr» r offence, wi th (~ rurtner -, fine which may extend to ten rupees ~or every -. subs~quent day durinq which the, off;ence is contlnued. ~ ~ ###### Penalty 138. Whoever in a municipal area :quarries, `for` neqli- blq,ats cuts tim1:~r or cerr iea on ,I: ' building qence in operations in such manner as to cause, pr ,to be ###### quarryinq likely to cause dangernto persons pass~ng' by or blasting, dwellinq or working in the neighbourhoo~,shall nb cutting, be punishable with fine which may fxtend to ###### timber or rupees fifty. ; building. `U` Fairs 139" The Adminlstn~tor or may provi,de special ``` Provision ``` of police protection on ':.he occesion of' ':ari fair. ###### protect> aqricultural show or industrial, 'exhibition managed by a Municipi.tlity or for the purpose of ion at guarding houses in a JLl4I)icipal area ev~cuo.ted on fRirs. account of epidemic iU1d the Municipa~ity shall pay such charges inrenpect of such pro~.ection as t'he Administrator mev d.etermine in hisjoohalf. ~ , l I j l ###### l i ~ :1 ! ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DEC. 8. 1994 73 ###### Power to 140. A Municipality may.lavy fees, not levy feee exceeedinq ~~ch amounts as the Administrator may at tairs. fix in thiB behalf, by notificatioo, on persons attending fair on which the Municipality incure expenditure and on persona exposing' goods for c sale or plyjng any occupation for gain. ###### P.brothalEl I ###### Powers 141. (1) A Municipality may, by notice. over dis- prohibit in any specified part of the municipal . orderly area-- ###### houses (a) the Keeping of a brothal; or and pro- `(b)` the residence ot a public prostitute. ###### stitutes. `(2)` Who~ver fails to comply with a notlce ###### issued under sub-section (1) shall be punishable with impriso:unent for a term Which may extend to eight days or with fine whjch may extend to rupees one hundred and in the case of a continuing f,lilure, with a further tine Which may extend to :en rupees for every 6ubsequent day durinq Which the failure continues. 14~~. On ,hf! 1: - mplRint. (if t.he .Munjcipality or of Lliree C,lI !l.Ifxe inha.bildllts of a municipal area ###### that a hoU13'~ in the municipal area is used as a powers brothel, l)I' by directly persons of any to close discription. or the annoYance of the respectable down inh~biLant8 of the vicinity, or that any such ###### brothels. house is use.t as a brothel in the neigbourh<XXi of " any edu<.;at:II)Oal insittution, boarding-house or ###### place of W,)rship. any Magistrate of the First Class h~vinq jurisdiction in the place Where the house is sit1lated. may summon the owner Or tenant of the of tlll~ house, and on being satisfied that the house ;6 soused and that it is source of annoyance of afference to the'neighbours, or that it is in the neighbourhood. ot any educational instituatioli boarding-house or place of Worship, may order i.he owner or tenant to discountinue ###### such use of .. ts and if such owner or tenant tails to comply with order Within five days, the Magistrate IDlly impose UJX)n him a Which the house has been so I \Sed . Q. Animals ###### Disp05dl of. 14:j. (1) t, MuniCipal ity may-- mad and (a) author iee any person- ###### stray doos t i) to d~ ,etroy or cause to be deetrqye<i or to ###### and other confine or c-use to be confined. for such period animals. as the Muni:ipality may direct any dog or other animal roun. in the municipal area suffering or ----- - _,_ ' _,_ r u ###### ~~ T~~D~~~_~ICOBAR EXTRAORDINARY GAZE'ffE} DEC. 8. 1994 -------- - --- , , L ###### res<>,:ably suspected to be Buffering from ~ rabies or bltten by any dog or other animal suffe,ring or suspected as aforesaid,; , " ( i i ) to continue, or <?ClUBS to be conr med . any ###### dogs found wandering about streets of ~ public places without collars or other; r 1Ildrk.6 distinquishing them as pri vate property; ~ `(b)` charge a fee for any dog confin~ci Wlder ###### sub-clause '( il) of clause (a) and 'destroy or otherw~se dispose of anv such dOg 'if the\doq is not claimed and the tee not paid within 99,e week: ~ ###### (c) by public not ice issue a temporary or standinq order that any dogs without collars or other marks diatingui:3hing them as 'private property found straying on the street or~ beyond the enclosures of the ho~es of the ow,nere of such doge may be deat.rcved and destroy or cause them to be destroyed accordingly. J (2) No damage.s shall be po.Jable in ###### reapGct of any dog or ether'animal destli9Yed or otherwise disposed of under this sect Ion / I' , 144. Whoever, in a municiapl area, ~eep any Penalty for ###### swine in disregard 01 any orders Which the keepinq municiaplity may' giw~ to prevent t*em ' for animal so becoming a nuiance or Keeps any other atllimal so as to, be as to be injurious to the health r of the in [ur ioua inhabitants or of animals or BO animals 9r so to to health. ", beccme a nuisance, shall .he punishable :w~th fine .. Which may extend to five rupees and in the Ca56 of ,a continuing offenCt~with further fine Which may extend to five rupees for every S.Ubseouent ###### day during: which the offence is continqed. R. Othe r Nuisances ' 145. Whoever, in c(,ontravention of any general Penalty for ###### or special prombrt iot: issued by a MUriicipal ity beating without the permition ('If the MuniCipality beats a drums, etc. drum or tom-tom, blows a horn or tru.mpet or heats or 'sounds any brass or other, instrument or utensil" shall be puni!.lhable with fine which may extend to twenty five ~~pees. ' " ###### Explanation: _.- In the case of ah of fence under this section .;omitted by a ~d, each indiVidual member of such band sha:!l be 60 punishable. t Penalty for 146. Whoever in a municipal area, ~discharges ###### discharging fire arms or lets off fire worY~ fire ~lloons or fire arms. , detonator, or enaOclqes in any game in aucn a ###### etc. mann~r as to )cause 01 he 1 ike 1 y to cause danger ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY G~, nsc. 8, 1994 75 ###### -------------- ----------- `to,` `person` `PdBBing` by `or` `dwelling` `in` `the` ``` nelg~hCX>l1 or risk of in jury to property shall ``` `be punlshable with` `the which` may `extend to twenty.` ``` rupees. ``` 14'7. A `l'4unicipality` may, where `it` appe4rS `to` ``` Prohibition it to be nHCessary for the prevention of danger of collecting ``` `to` `life` `or` `priperty.` by `public` `notice,` `prohibit` ``` inflCWDOble ``` `the` `stacki.lg` `or collectinq` `of` `timber,` wood, dry `materials,` `qrass.` `strn~ or other` `inflammable` IDdteriala, or `etc.` ###### the pl ec in. T of mats or thatched huts or the `1 :iqhtinq` `0:'` `a` `tire in` `any` prece , or `within any` `1 imits` in `the` municipal area which may be `specar red` 1'1 `the notice:` ###### Prov Idet that no such notice shall be issued `except` `wit 1` `the` `previous approval` `of` the `Deputy` ``` CommisBionei' . ``` CHAPTER lX STHEETS 148. A Mmicipality `may` `with` `the` `previous` `Power` `approval` `of` the `Administrator` `streets.` ``` ta) cl'~e temporarily any public street or any part t.horeof for any public purpose; ``` _(b)_ di zer t d racont me `to` ctoee `permanent ly` `any public :Jtreet` `other than` a-major `road;` `or` ``` (c) sell its interest in the land forming a ``` `puhl rc stre-rt` `other then a` ma jor road or any part ``` thereat, if not required tor the purposes of this regulotion. ``` `14Y.` `A` M<micipality `may` `grant permission` `in` `Power` of .> ###### writinq fo" the temporary occupation of any permitting `street` `or` `land` `vested in` it `for the purpose` `ot` `temporary` ###### deposting ,my building materials or makinq any occupation ``` temporary e<cavation therein or 'erection thereon, of streets, subject to such condition as it may prescribe etc. for the sefstv or convenience of persons pa881ng by or dwel ling or working in' the neighbourhood ``` may charqe `:ees for such` permission: `Provide 1` `that` `in` `the` case `of` `major road,` `no` `such pernis-saon` shall `be` `granted except with` `the` `previous` aporove l `of` the `publ ic` `works` `Department.` ``` B. :.l1croa.chments Md Obstrutions ###### Penalty 150, ( 1 ) Whoever wi thout the wri t ten tor alt- permlssion of the Municipality builds or erects ering any lmmovable encroachment upon the qround level ``` ober t.uc- . (If `any` `st'eet or on` `a sewer,` drain `or` `water-` `tinq,` `or` course m 1 municipal area. `or` `bui Ids` `or` `makes` ----- ###### f . 76. THE ANDAMAN AND NICOBAH EXTRAORDINAR,( GAZ.E'irrE, DEC. 8, 1994 ###### ---------------- 'L__ encroach- any ammovable over'hanging" .atructure p.ro jecting ing'upon into ,a street at a point above the Bd~e ground streets. level. shall be punishal:>le with fine' which may extend to fifty rupees. ' ~ ; (2) 111e Municipality may. by not.fce ir-equfre the ###### owener or occupier of any'buil<;iing to remove or after such immovable encroachment or over hanginq structure as aforesaid and so compensation shall .be clai:rooble in respect of' such' r~val or ###### afteration. 1 Removal 151.(1) Whoever in 0 municipal area, w~~hout the • `ot` proje- written permission ot the Municipality. ;: . `ctions` " . i `and` (a) places infront of any movable e~¢r~cment ###### obstruc- upon the ground level,of any street or oyer or on `tions` `in` any sewer, drain or water course or erects any `streets.` movable oVerhanqinq gtrcture proiecting'~nto the ###### street at a point aD)ve the said ground .~evel; or `(b)` takes up or atter the pavement 9r other ###### materials or the fences or posts of any street:or (c) deposits bui Id ing materials, qocda i!sale or ###### other article or merchan dise or any etr~et'; or ~ (d) makes any hold l)r excavation in or Under any ###### street, or removes ma.terials from beneath any street so as to cause risk of subsidence, shall be punrsnehle with fine which m.a~ extend '. ###### to fifty rupees. `(2)(` The MuniCipality may-- ( i) summari 1 y remove or cause to be removed by ###### the police any such movable encraac~nts or overhanging structures and any Buch ~terials goods or articles of merchandise: and : l, , (ii) take action summarily to restore the ###### street to the condit:ion it 'Was in befor~ JanY such afteration, excavation or dama~e. 4 was in expences or such restoration ~pall be recoverable from the offender. ~ L ###### Explanation:- For the purposes of this; section movl1.ble encroachment includes a seat or i se~.~le, ###### and' movable overhan(,ring'structure mcrucee and awning or any materinl. Hemova.l 152. in case 1,0 which the provisions of of proj- section 150 or ssot.ton 151 do not ap'~l y the ###### ections Municipa.Uty may. subject to the pay:nent of " ----- ``` THE ANDAMAN AND NICOB~R EXTRAORDINARY GAZETTE, DEC. 8. 1994 77 ###### -----------_--_._-- ``` `and` `pay-` `reasonable` `compensation` by `notice require` `the` ``` ment of own~r. or occupier of any building in the compen- munlclpol aree to remove or alter any balcony ``` `sation.` `projection,` Btl `ucture` `or verandah verhanqing` `any` ``` street. or pro lecting into or encroachinq on any street, or any drain sewer or aqeuduct theirin. ``` `Power to` 153. (1) If `ar y` `bui Idinq` `or` `part` `of` `a` `bui Iding` ``` requlate proiects beyord the reqular line of a street, ``` `line` of `either` `exiat:nq` `or` `determined` `on` `for` `the` `build-` `future,` `or` eyond `the` `front` `of` `the` `bui lding` `on` ``` ings in either side thereof, the Municipality may when streets. ever such bu: Iding or part has been either enitirely or: n greater part taKe~ down or has ``` `fallen` `down` `b"` `notice.` `require` BUC'h btli ldinq `or` ``` part . when beiJlg be rebuil t to be set back to or ``` `towards` `the` sa `.d` `regular` `line` `or` `the front` `of` `the` ``` adjoining buHrlings; and the portion of the land ``` `added` `to` `the` `.st.reet,` by `such setting back` `shall` `become part` 0,: `the 'street` `and` `shall` `vest` `in` `the` ``` Municipality: Provided tha~ the Municipality shall make full ``` `compenaat.Ion` `t·)` the `owner` `for` any `damage which` `he` ``` may sustain in consequence of his building or any part thereof b~ing set back. ``` (21 `The` `Muni:::ipality` `may,` `on` `such` `terms` `as` `it` ``` thinks fit. allow any building to he set forward for the improv~ment of the line of the street. (3) The provisions of this section shall apply to the roun1ing off of dangerous or in ``` `convenient` at r eet, `corners.` ``` C. Miscellaneous provisions as to streets Power to 154. A Municipality may attach to the ``` `attach` `outside` `of` cny `building` `in` `the` `municipal` `area` `brackets` `brackets` `for` `lamas` `in` `such manner` as `not` `to` ``` for lamps occasion any injury to such buildinq or other on inconvenience houses. ``` 155. `Whoe'1er.` `without beinq authorised` by `the` `Penalty` `Municipal ity,` `defaces` `or` `distrubs` any `municipal` `destroying` `djrt~r.t.inn"rx-Js:` or l amp , or p.xt.inrpJiAhAR ~TlY rl i r ~CI 'i `(llr` llllUlll· .ipdl 11qlll 111 .:1HY pub l i c pl'~(:I:, :..:11<;;\11 .u._~ {-K_"dt. 1 ;~mp'- `punishable` `w'.th` `fine` `which` may `extend` `to` `ten` `post.` `etc.` ``` rupees . ``` . , ``` Penalty for 156. Whoe/er without the consent of the owner bi ll-stickinq ``` `or` `occupier` :,f `other person` `for` `the` `time` `being` ``` without per- incharqe affi(es any postinq bill notice placard mission. or other pepe r or means of advertisement against or upon any buildinq wall tree board fence or pole in municipal area or writes upon soil def or marks any such buildinq wall free board fence or ``` ----- 78. THE ANDAMAN AND NICOBAR' EXTRAORDINARY GAZETTE. DEC. 8, 1994. ###### ----- •... ------------------------------_ .. _------------ pole with chalk or paint or in ,pny ot~er' way whatsoever shall be punishable witli fine \~hich moy extend to twenty reupeea, 'I '157. (1) A Municip:ll i ty may ceuee a name,l, to Names to ###### be given to any street and a name-plate tS .be streets and affixed on any building tberein in such pl"c~ as nUlnbers to it may think fit and may also cause numbers ;0 be buildings. fixed t~ buildings in t.he mun icfpe l area. ; - 2) Whoever deetroye pulls down or d~faces ###### any name or number af1ixed to any street or bui Iding under this aect.ion or puts' up any different name or number fram that put up by other of the Municipal ity shall be punishable with fine which may extend to twenty rupees. `D.` Street Nuisance ###### 158. Whoev~r without the permission, ot the Penalty for municipality pickets anirllals or collects carts on picketinq any street or usee any acreet as a halting place animals and for vehlcles or animals ,)f any description or as collectinq a place or encampment or CdUSe5 or pt'lrmits, corts. animals to stray therein shall .be punishabl~ with fi~e which may extend to twenty rupees. , 159. Whoever .between such hours as uay be Penalty for ###### prescribed by bye-laws drives or propels in any driving vehi- streets any vehiCle which is not prbparly cles without supplie<1 with light shall be punisnebie wit:1 fine proper liqhts. • Which may extend to twenty rupees.' `160.` `(1)` Whoever in a street--- Penalty for ###### certain off- ~a) exposes coeds _tor_ sale so }.s to encea . **cau.se** obst.ruet ion r " ###### (b) negligentl~1 lets loose any ani\M.l or suffers any ferocious d(}Q' to be at Ierqe w,ithout a muzzle or sets on 0)' urnee any dogs or any animal to attack wor~y or put in a fear any person or cattle; " I (c) beqs imp.)rtWlo.tely for allf's or ###### exposes or exhihi.ts wi:h the object or exciting chanty or of exhorti,1g alma any sores wounds lxxiily aliment ,or defonnity; " ###### (d) willfully ind indecently e~s his person or commits a nui3ence by easing hi~elf or omi ts to prevent eny chi ld under his cere or ###### custody from committing such nuisance; or 1 1 (e) is rouno drunk and incapal',>le of ###### takinq care of himself or shall be pUfn,shable with fine ~hich may ex1end to fifty rupees, , ft . } ,I I. ( ', / ----- THE ANDAMAN AND NIO)BAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 79 ###### ---- --------- ``` (2) Whoever cruelly beats ill-treats tortures ``` `or` `drives` r ides `or` `otherwise uses` `any` `animals` in- ``` an unfit stste to be so driven. ridden or used, shall be punishable with imprisonment Which may extend to eight days or with fine Which may extend to one hundred rupees or with both. (3) Previsions of this section shall be in addititon tc and not deroqation of any other law for the timE being in force. Buildings ``` `161.` FOl `the` `purpose` `of` `this` `Chapter` `a` `person` `Definations.` ``` is said t(. re-erect a building Who makes any material a11eration or enlargement of a buildinq or any part there of. Explanal ion:- An alteration in a buildinq ``` `shall` `be` `deomed` `to be material,` if `it` ``` (a' affects or is likely to affect ``` `pre;udicial` `y` `the` `stability` `or` `saftey` of `the` `bui Iding` 0)' `the` `conditionof` `the` `building` `.in` `respect` `of` .lre ineqe , `ventilation,` `sanitation` `or` ``` hyqiene or tbl Increase or diminishes the height or ``` `cubical` `capacity` `of` `or the area covered.` by `the` ``` building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law or ###### tel converts into a place for human habitation a building or part of a building oriqlnally constructed for other purposes, or ``` (d) `involes` `the` `addition` `of` `any` `rooms,` ``` out-houses or other sturctures to any buildinq, or (E) involes the constructions in a wall . ad joininq C!ny land not belonging to the owner of the wall oj a door opening on to such land. or ``` (j) `is in` `alteration` `of` `any kind` `Which` `has` `been` `declared` by `any` `bye-laws` `to be` `a` ``` material a.teration. ``` `Prohi:bi tion` 162. (.i) `No person` `shall` `erect` `or` `re-erect` `or` " `of` `build- commence` 1.0 `erect` `re-ercet any` `building` `in` `a` ``` rnq with- municipal eree without the sanction of the ``` `out` `M.unici pal i v.v` _._ ``` sanction. ( 2) EV'rry person Who intends to erect or re- erect any building shall qive notice in writing to the Municipality of such intention. ``` ----- 8-~ 0. .... -------THE -- ANDAMAN AND NlCOBAR EXTI\A., ORDINAR'i GAZETIE, . .....l DEC. 6, 1994 _ ``` (3~ The Municipality may, by bye-laws.-- ###### . ., (a) prescribe the manner in Which notice ``` `of` `.` `the` `in~ention` `to erect` `or re-rect` a `hui lding` - ``` shall be glven to the Municiaplity; and (b) require that with every such notice ``` `there` `shall` `be` `furnished` a `site` `plan` `of` `the` `land` ``` on Which it is intended to erect or re-erect such ``` `bu~lding` `and` a `plan and` `specification` `of` `the` ``` building of such character and with such details as the bye-laws may require in respect of a:ll or any of the following matter: namely:-- (i) the free J~sage or way to be left ``` `in` `front` of `the` `buildinc;;` ( ii ) `the` `space to.` be 1 eft `about` `the` `building` `of` `secure free` `circulation` `of` `air` and' `to` `facilatate` `scavenging` [~d `for the prevention` of ``` fire: (iii) ventilatlon. and the provision and. ``` `position` `of` `drains,` pr ivfee , `latrines,` `urinals` `or` ``` cesspools; (:iv) the level and with of the foundation. the level' of the lowest floor. and the stability or the structure; and ``` (v) `the` `line` `of` `frontage` `with neighbouring` ``` buildinq, if the buildjnq abuts on a street. ``` - "'Z" (4) `Where` `bye-laws` `have been framed under this` ``` section, on notice undf:lr sub-section (2) ahall be valied until the infol~tion if any required by such by~-laws has been furnished to the satisfaction of the MUllicipality. l63. A Municipaiity may. by bye-laws. Fower to ``` `nlllke` bye- `regulate` `in` `respect` `of` `the erection` :01" `re-` ``` erection of any building within the my.nicipal ``` `laws` as `to` `mode` area `or any` `part there'Jf.:..-` ``` of const- ruction (a) the material~ and method of ~onstruction ###### of build- to be used for external and party. walls. roofs. mc , floors. fire-places end chimneys; (b) the material~1 and method of construction and position of f)re-places chimneys. drains ``` pr ives . `urinals` and cosapool s `;` ``` (c) the height o.lId slope of the roof above ###### the uppermost floor upon Which human beings ~e ``` `to` `live` `or cookinq` ooeret Ion `are` `to be` `cerr Ied` `on` `;` _f_ .. ``` (d) the ventilatl~n and the space to be left about the building to secure the free circulation of air and for the plevention of fire : ``` ----- ###### rns ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 6, 1994 81 ------------ ------------------------------------- ``` (e) the line of frontage where the building ``` `abuts` cn `a` `street;` `,` (f) `the` `number` `and` `height` `of` `the` `storeys` of ``` which the building may consists; and ``` (g) `the` `means` `to be` `provided` `for` `egress` `from` ``` the bujlding in case of fire. ``` `Special` 16~. `In` `any` `case` `in` `which` `no bye-laws have` `provision` `been` `D'ade` `under sub-section` (3) `·of` `section` 162 ``` for CBSes the Mur,icipality may, within fourteen days of the ``` `where` `recipt` of `the` `notice` `referred` `to` `in` `sub-section` `bye-laws` (2) `of` `that` `section,` `require` a `person` `Who has` ``` have not qiven Euch notice to furnish. within one week of been the receipt by him of the requisition. made. informltion on all or any of the matters as to which .bye-laws ~ight have been made and in such case the notice shall not be valid until such ###### mrorme t ion has been furnished. Dispen- 16:. A Municiaplity may, by resolution sation dispence with the observance of any or all of from 'the bje-laws made under ,sub-section (3) of bye-laws. seetiol 162 in regard to the erection or re- er ect.i cn of any bui lding specified in the resolut ion ; Provided that no such resolution shall .be prop08€u except with the previous sanction of the AdIDiniEtrator. ``` 166. `Within` `one` `month` `after` `the` `recipt` `of` `the` `Powers` ``` notice required by powers sub-section 162 the refuse MuniciTdlity may refuse to sanction refuse the sanction buildilq or may sanction it either absolutely or to build. such modifications as it thinks fit in respect of all or any of the matters specified in sub- ``` `sect i oi.` (3) `of` `that section` `and` `the person` ``` erect i1.q or re-erectinq any such bui Idinq shall comply with the sanction of the Municipality Municipality as qranted in every pert rculer . ``` `Pr:` rv ided `that` `if` `the Municipal ity` `neglects` `or` ``` omits, for two months after the receipt of a valid notice to make and deliver to the person who ha!l given such notice an order of sanction or refusa in respect thereof, it shall be deemed ``` `to` h..ve `sanctioned` `the` `proposed` `buildinq` ###### abso lut.e lv . ``` ExplallatlOn-- The Municipality may refuse to sanctiflil the erection or re-erection or any bui l d i nq either on qrounds affectinq the particll'j_Br building or in pursuance of a general scheme sanctioned by the Administrator reet.r i. :tinq the erection or re-rection of bu i Id inqs or any class of but Idinqs within ``` ----- ###### -_---- 82. DE~8 ANDAMAN AND NICOBAR·, 'EXTRAORDINARY GAZETTE - . - f. - - 1994 ###### ----------------------_.- ``` specified limits for the prev~ntion of overcrowding or in the interest of the residents within such limit::; or for any other public purpose and sanction may also be refused in any case in which there is any dispute between the Municipality and the applicant as the land on ``` `which` is `it` `proposed` `to erect` `the building` `until` `such dispute` is `decjded.` `i67.Every sanction` `for` `the erection` `or re-` Lapee `of` `erection,` `of` a `buildinq which` is `given or` `deemed` `sanction` `to` `have given` by a `!'1unicipality shall` `remain` `in` `to build.` ``` force fo~ one year only from the date of such sdnction and it the erection or reretion of the building is not commenced within the said period ``` `of` `one` `year.` `the senct` `ion` `shall` be `deemed to have` ``` lapsed; Provided that such lapse shall not bar any subsequent applicatwn fresh sanotion under the ``` `forgoing` provf `s ions` (,f `this Regulation.` ``` 168.If ~he erection or re-erection of a buildinq Penalty ###### is bequn or continued-- for build- ing without (a) Without sanction an required. by sub- sanction. ``` `section` (1) `of` sect ion `162` `or` `(b)` `Without` not rce `as required by s~b-section` " ``` (2) of section 162 or ~ (c) after sanction has been refused or ``` (d) in `contraveo":ion` `of` `the` `terms` `of` eny ``` sanction granted or ``` `(e)` `after` `the e:ancLion` hea- `lapsed` `or` (f) `any` cont.rever.t `ion` `of` `any` `bye-law` `made` ``` under section 163 the Municipality may by notice to be delivered within a reasonable time require ``` `the` `building` `to be` `altered or demolished` as `it` `thinks` `necessary` `·"ithin` a `space` `of` `thirty` `days` `from the date` `of` servi ces `of` `such notice:` ``` Provided that no su.=h notice shall issue in 'reespect of the contravention of any bye-law the ``` L ``` observane of which has been dispensed with under section 165: ``` `Provjded` `further` `t')at` `the Municipality` poy ``` instead of· requiring the alterration or ###### demolition of any such building accept by way of ``` `compensation such sum` `ns` it `thi~` `reasonable.` ----- THE **ANDAMAN** AND NICOBAR EXTRAORDINARY GAZE'ITE. DEC. 8. 1994 83 ``` ----------~------.---------------------------- ``` 169.(1) `No compensation` `shall` be `claimable` `by an` `Compensation` ``` owner for any damage which he may sustain for damaqe consequence of a refusal to sanction this in respect ``` o `erection` `of` `any` `buildinq.` ``` of erection or re-erec- ``` {2} `The` `Municipality` `sholl` `make` `full` `tions.` ``` compensation to the owner of any damaqe which may ``` `sustain` `1n` `consequence` of `a refusal` `to` `sanctIon` ``` the re-erection of any buildinq: ``` `Provided` `that` `the Municipality` shall `not` `be` `liable` `to` `alake` any `compensation` in `respect` `of` a `refusal to` `5~ction` `there erection` `of` a `building` ``` which for a period of three years or more immed- iately preceding such refusal has not existence or has been unfit for human habitation. ``` CHAPTER XI ``` GENERAL PROVISIONS A P)wer of entry and Inspection ``` 170. Any per30n authorised `by` `the` `Municipality` `In` `Power` `of` ``` this behal f llOy- entry for purposes. ``` (a) ef t.er ':;l i ving `twenty-four hours notice` `to` `the` `of` `val uation` `occupier or` if `there` `be` `no occupier` `to the` `owner` `or` `taxatlon.` `of` `any bui 1` ling `or` `land` `in` `a Municipal` `area` `at` ``` any time bet~een sunrise and sunset enter inspect and measure the building or land for the purpose of valuation: and (b) enter '~1d in5pect any stable coach -house or other plac~ where-in there is reason to believe ``` `that there` i3 `any veclcle` `or animal` `lio.ble` `to tax` ###### In under tn is Requlation or for which a licence ``` has not been duly taken out. ``` `Power` `to` 171. ( 1) `.\ny` `person` `authorised` `by` `the` ###### inspect Municipali t'l :in this behalf may. enter between `drains,` `sunrise` end `sunset` `any` `buildinq` `or` `land` `in` a ``` privies Municipal ar'~a and inspect any drain. privy. ``` `ond` `cess-` `latrine,` ur iie l `cesspool .` `cable.` `wire` `pipe.` `sewer` ``` pools. or channel theirin or thereon and cause the ``` `cround` `to` `be` `opened` `where` `such` `person thinks` fit ``` for the pu 1JCSe of preventinq or removing any nuisance arisinq from the drain privy, urinal, latrine ceB~pool. cable wire. pipe, sewer or channel. (2) If on such inspection it appears that the openinq of the ground was necessary for the prevention o ~ removal of a nuisance and expences thereby inr'~red shall be paid by the owner or ``` `occupier` `of` `the` `land` `or` `building` `but` if `it` `is` ``` found that no nuisance exists er but for such opemnq would have arisen the groWld or ~rtion ``` ----- ###### t14. THE ANDAMAN AND NICOBAR EXTRAORDINARY' GAZKI""m, DEC. 8, 1994 --~-----------.:---------- -------- ``` of any building drain or other work' (if any) opened ~njured or reaoved for the purpose of such ``` `lnapectlon` shall he `filled` `in` `reinstated and made` ###### by the Municipal Itv. <> - ``` (3) No building other than·a latrine urinal or privy shall be entered under this section until six hoU(s notice in writting has ~n given to the occupier of the building by the Munic,ipality or by the person authorised by the MuniCipality to make the entry. , ``` r `Power` `to` 172. `Any person` `authorised.` `by the` `MWlicipality` :inspect `in` `this` `behalf` `may` `after` `givin~` `three'` `hours` ``` buildings notice to the occupier or if there be no occupier ``` `sanitary` `to` `the` `owner` of any `building` `in` `Municipal` `area` `purposes.` `enter` `and` `inspect` it `all` `any time` `between sunrise` ``` and sunset where such inspection. appears necessary tor sanitary reasons: ``` `Provided` `that` `if` `the` `building` `to` be' `inspected` ``` is a stable for horses or a house or such tor cows or other cattle orevfous notice shall not be required before inspection. ``` `General` 173. `Any` `person` `autnor tsed` `by the Municipal i ty` powers of `in` `this behalf` `may after giving` `twenty` `~our` ``` entry on hours notice to the c~cupier or if there be no buildinqs oCcupied to the owner of any building or'land in or land. aMunicipal area at any time between sunrise and ``` o ``` sunset- ``` `(a)` `enter and` SUI `vey` `or` `take` `levels` `or` ``` measurements on the bl'ilding or land; ``` `(b)` `enter` the bu i Id: ng or `land` `for the` `purpose'` ``` of examinq works under construction of ``` `ascertaining` `the course` `of eevers of` `drains` or `of` ``` executing or repairing any work which the Municipality is by this Regulation empowered to execute or to maintain; or ``` (e) `enter` `the` `buildir,gs` `or` `land` _tor_ `the` `purpoee` ``` of inspecting or l'epairing water or other installations or for takinq r~ading6 of meters connected therewith. . ###### 174.If here are reasonable groWlds for believing Power to inspect that any animol has been is being or is about to ``` `places` be `slauqhtered` for `sale` `in` 0. `Municipal` `area` in - ``` for any place or preadeos not appointed for such purpose under section 120 or in contravention of illicit any bye-law the Municipality by any person slaughter ``` 0,[- `authorised` `by` `it` `in` `this behalf` DJl1y `at` `all` ``` reasonable times en tel' into and respect any such animals. place or premises. ``` ----- TI!E ANDAMAN AND NII;OBAR EXTRAORDINARY ~AZETIE, p,EC. 8. 1994 85 - ``` --------------------------------------- ``` `Power` `of` 175. `Any` `Jerson` `authorised` `by` `the` `Municipality` ``` entry for in this benalf may at any time between sunrise purposes and sunse t enter any· bui Id inq or premises ``` o `of` `preve-` `situated` in a `Municipal` `area` `in` `which` `any` ``` ntinq infections of contagious disease is reputed or ``` `spread` `suspected` `to` `exist` `for the` `p~` of `insectinq` ###### of such buildjng or premises. ``` disease. ``` `General` 176. A `~Iunictpality` `may` `authorise` `person` `to` ``` provi- exercise I.he powers of entry conferred by the ``` `sions.` `foreqoing` `sections` of `this` `chapter` `either` ``` qenerally in regard to all buildings and landa, or particu.arly in reqard to specified buildings ``` `or` `lands` 0 - `classes` `ot` `buildings or` `lands.` `(2)` `When` ~y `buildinq` `used` `as` `human` `dwellinq` `is` ``` entered illljer this Regulation due regard shall be pald to the special and reliqious sentiments of the occupiers and before any apartment in the actual a cccupancy of any·'Wa.QaTl who according to ``` `custom` `do:` s `not` `appear` `in` `publ i c` `is` `entered under` ``` this HequJation notice shall be given to her that she is at liberty to withdraw and every ###### reasonab l-: facility shall be afforded to her : for withdrawillq. ``` `Reason-` _171._ `Whe[i][l ]` `any` `notice` `under:` `this` `Heoulation` `able` `time` `requires` `any` `act` `to` `be` `done` `which` `no time` is `for com-` `fi~ed` `by` :his `Regulation` `it` `shall fix` `reasonable` ``` pliance. time for loinq the same. with noti- ce etc. , to be fixed. Authenti- 178.(1) Every notice issued by a MUnicipality cation. under th:s Regulation shall be in writing. signed service & by the chairperson a vice chairperson the ``` `validity.` secretary or of `any` `other` `person` `specially` ``` of not:i.- authorisnd by the Municipality in that behalf. ``` `ces.` `and` `may` be `served` `on` `the` `person` `to` `whom` `it` `is` `addresse.` i `or de 1 i vered` `or` 1 ef t `at` `this` `usue 1` ``` piace aXXle or business with sane adult male member o~ servant of his family. or. if it cannot be so se~ved, may be affixed to some conspicuous ``` `part` `of` ~i9 `place` `of` `abode` `or` `business.` ``` (2) When' the place of abode or business of the pe130ns to Whom the notice is addressed is not witlin the limits of the Municipal area, the ``` `notice` `may` `be` `served` by `posting` `it` `addressed` `to` ``` his usu«) place of abode. l3) if the owner of any property has no place of abod,! or business within the Municipal area, every sich notice addressed to him as such owner. may be ~erved on the occupier. ``` ----- 86. THE ANDAMAN AND NICOBAR EXTRAORD~NARY GAZETTE. DEC. 8. 1994 ###### --------------------"':"" (4) Wb<3n the place of abode or' business of ###### the occupier of any property is not known every notice addressed to him as suo)1 occupier. may be served by i\ffixing it to scme. conspicousus ~t of the proper-ty, `(5)` No notice issued `by.` the municipality ###### under this Hegulation shall be: invalid 'for defect of torm. .. I ' 179. WhE'never it is provided :by or under this Service of ###### Regulation that the notice may,be given to the notice etc., owner or occupier of any land! or building and when Qwner the owner er.d occopier are different persons such and occupier notice shall be qiven to that one of them Who is are different primdrlly liable to comply with such notice, ~d persons. in case of doubt to both of them: . Provided that in any such case, Where their is no owner resident within the municipal area, the delivery of such notice to:the occupier shall be sufficien =.. 180. Wh-d11 any notice is.by or under' this Mode of ###### Regulation, vequrred to be given to or aerved on giving notice the owner 0.,' occupier of any property and he is to owner or unknown, it ney be given or serred - occupier `of~` ###### property .. (a) .by ue l iver-inq a written notice to some ###### person 'on thl! property, or if there is no . person on the propurty to whom it can be delivered, by affixing it to some conspicuous part of the property; or (b) by [XlSting a pre-paid letter cont~inlnq a ###### written notjce and addressed by the description of the "ovr-er" or "occupier" of the property (naminq it) in respect of which the notice is given. without further name or description. I, 181. J;;V'3ry publ ic not i qe _qi ven_ .by a Publicotion ###### Municipal ity 'under this Regul'ation shall be public pub 1 ianed by ;)roclamation or in such other manner notices. ~ the Admin:i'3trator may direct. 182. Who-wer disobays any lawf~l direction Penalty for ###### given or prohibition imposed .by a Municipality by disobedience public not i co under this RegiJ.lation or any of Muni-. written not i co lawfully issued by it there under, cipality. or fails to c(:mply with the condition subject to ? ###### which any permission was given .by the Municipality to him thereunder, shall if the disobedience or failure, is not ,an offence punishable uncer any other section. be punfahab le --- ----- THE ANDAMAN AND N [COBAH EXTRAORDINAR~ GAZE'ITE, DEC. 8, 1994 87 ###### ----------- --- ``` with fine I"hich may extend to fifty rupees and in the case 'Jt continuinq dlsobedience of failure with a further fine which may extend to fine ``` ,. ``` which may extend is fifty rupees and the cash of ``` `continuinq disobedience` `of` `failure` `with` a `further` `fine` `which may extend to` `five` `rupees` `for` every ``` subsequent day during which disobedience or failure continues ; Provided that, when the notice fixes a time within WhlCh a ceatain act to be done and no time is specified by or under this Regulation, no ``` `penal ty` E hall `be` `incurred by` `reason` of `such` ``` disobedience or failure if. in the openion of the court tryJng the case, the time so fixed was not ``` `a` reasoner `le` `time` ###### 183. ~henever the terms of any notlce i86ued Power in `this` Recu Iat `ion` `have` `not been` `coepl red` `with` `the` `event` `of` ``` MunicipalJ ty may, after six hours. furhter non-ccm- notice. cause the act to be done by its officers. pliance with notice etc. 184. Any person willfully obstructinq the Penalty Municioallty or any officer or servant of a obstructlnq ``` '" `Municiapl)ty or any authorised ,` `by a` `Municipality` `MunlCipality.` in `the` `~` `xercises` `of` `any po~r` `conferred.` by `or` `under` t.h: s `Regulation,` `shall` `be` `punishable` `with` ``` fine whicl may extend to fifty rupees. 185. (1) Where. under this Regulation, the Recovery ``` `owner` `or` `uccupier` `of` `any` `property` `is` `required` by `of` `costs` a' `Munic:iilplity` `to execute` `any work` `and default` `of` `execution.` ``` has been made in complying with the requirement end the HU'.licipality has executed the work the MuniCipal lty may recover the cost of the work from the person in default. ``` 2) `Where` `any` `money` `recoverable` by `the` ``` MunicipalIty under this section is payable by the ``` `owner` `of` .he `property'.` `it` `shall` be a `charqe` `there` `on` `and` -she l l `recoverable` `as` if it `were` a `tax` ``` levied by the Municiapality on the property. C. Paynent of compensation by Municipality Payment of 186.(1) A Municipality may make compensation compensa- out of the Municipal Fund to any person ``` `tion` by `sustaininq` `any` `damaqe` by `reason` `of` `the` `exercise` ``` Munici- of any of the powers vested in it or its officers pality. or servants under this Hequlation, and shall make ``` `such comrensation` `where` `the` `damaqe` `was` `caused` by `its` `neqliqence` _ot_ `lts` `officers or servants` `and` ``` the perscn sustaining the damage was not himself in default in the matter in respect of which the ``` `power` WaE `exercised.` ----- _·_ _I,_ _~ ~ TIi~ANDAMAN AND ~ICO~ EXTRAORDINARY GAZETIjE. DEC. 8. 1994 ###### ------.----~-_.,.:.,--------- (2) If `any` `dispute` `arises` `regarding` `the.` ###### ~unt ~f any compen6dtion which the Muniqipality .. 18 `requrred by this Regulation` `.to pay for;` `injury` ``` to any building or land it shall be settled in ``` `such` `manner` as' `the` `parties may` `agree.` `or` in Q>-- `default` `of` `agreement` In `the manner` `provided` by ``` the Land Acquisition Act 1894 with reference to the acquisition and payment of canpensation for land for public purpose so as the provisions of that Act .can he made applicable. . D. Appeals from olders, etc., of Municipality Appeals 19"1.(1) Any perSOIl aQ9rieved- from (a) by the ref~ll of a Municipality under ``` `orders` `section` `166` to `eenct ion` `the` `erection` `or` re- `of` `Muni-.` `erection` `of` a bui Idln'l; `or` ``` cipa.lity. (b) by a notice' trom a Municipality under section 168 requjring the alteration or ``` `demoli tion` `of` 0. `bui 1 o.ing;` ``` may appeal .within tltirty days from the date of such notice or reflli~al, to such officer as the Administrator, may cppotnt in this behal f or failing such appointment to the Deputy Commissioner but no 3uch notice or ref~l shall be liable to be called in question oth&:l-wise than ``` by `such` `eppee l ,` r - `(2)` The `eppea i late` `authority` `may.` `it` if `thinks` 'fit `extend` `the period` `allowed` by `sub-` ``` sect iont L) for appee l , ing the notice or refusal appealed from shall he final: Provided that the notice or refusal shall not he ,modified or set aside until the ~ppellant and the' Municipality have had a reasonable ``` `opportunity` `of` beWq `heard.` ``` }'rose- 188. When any 'Jrder of a kind referred to in ``` `section` `182` `or` `eect ion` 185 `is subject` `to` `appeal` ``` cution to and an appeal with has being instituted against be suspe- ``` `it` `all` `proceedinqs` `to enforce` `Buch order` `&` all ``` nded in prosecu~ions for any contravention thereof or certain ``` `cases.` `non-compliance` t here `with` `sha.ll` `be` `suspended` ``` pending the decruion ot the appeal and if such ``` `order` is `set` `aBide` `on` `appeal,` `disobedience` ``` tnereto shall not be deemed to be an offence. ``` _»" ,_ ``` E. OffenDee and prosecutions 189.(1) EvelY police officer shall give powers and immediate informcltion to the Municiapl ity of any duties of ``` `offence` `made` `punishable` by `or` `under` `this` ``` police in ``` `'Regulation` `and` `shall` `be ooWld` to; `as~i~t` `~ll` ``` respect ``` `members,` `orr icers` & `servants` `of` `the` `..` `MunlClpallty` ``` of offen- in the exercise .,f their lawtul authority. ces against Regulation. ``` ----- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. DEC. 8, 1994 89 ###### (2) .NlY police officers may, without an order tram a Maqistrate and without a warrant arr~st any person e<mnittinq in his view any offence made punishable by or under this Regulation if-- ,; (a) t he name and address of such person are ###### unknown to such officers and (b) auch person declines to give his name and address, or there is reason to doubt the accuracy of the nem« and eddrees , if given. (3) A person arrested under this section may be detaine~ until his name and address have being ###### corectly O1:certained : I I ###### Provided that no person SO' arrested shall be detained for a longer period than may be necessary for bringing him before a Magistrate and that such period shall not exceed twenty-four hours except under the order of a Magistrate for his detenti)n. ###### Authority 190. Unless otherwise expressly provided no for pros- Courts all take cognizance of any offences made ecutions. punishable }o/ or under this Regulation except on the complaJnt of or upon information received froo the Municipality or some person authorised by the MunlCipality in this behalf. Power to `191.(1)` `~` Municipality or any of its officers ###### compound authorised in this behalt may accept from any offences. person again~ whom a reasonable suspicion exist that he has ~ommitted an otfence made punishable by or under 1:his Regulation a sum of money by way ###### of compositinn tor such offence. ( 2 ) On payment of such sum of money, the ###### suspected person if in custody, shall be discharged.. and no further proceedings shall be taken against him in reqard to offence or alleged offence BO compounded for. / (3) Sums paid by way of canposition under ###### this section shall be credited to the Municipal Fund. 192. No Judqe or Magistrate shall be deemed Members ###### to be a patry to or personally Regulation or any not'to be other law. w'.thin the JDeaning of section 479 of disquali- the Codes of Cr imine l Procedure 1973. by reason fied from only that he is a member of the Municipality by tryinc , ' the order. or under the authority, of which such prose cut jon haS been instituted. ----- **-** **-----** 90. THE ANDAMAN AND `NlCOBAR EXTRAORDINARY` GAZETI~. ,DEC. 8. 1994 ###### ---------...-------- -------- 193. `Where any person` `is convicted.` `of` .eny `Power of` ###### offence made punishable by or under tpis Magistrate ``` Regulation the Magistrate may direct t~t such to order ``` `coot` of `the` `prosecution` `and such ccmpensation` `for` `payment` `of` ``` any damage which may have been caused to any of coste municipal property in the commiesion ',of such and damages. ``` `,` `offence'` `shall` be paid by `such person` `and any` `sum` ``` so ordered to be paid shall be recoverable as if it 'were a fine and be" credited to the Municipal Fund. ``` .F `Suits` 194. `No suits` Sh.lll `be` `instituted against` a `Suits against` ``` Mun~oipali~y or against any member, officer. or Municipality ``` `servant` `of` `a Municipality` `in respect of'` `any` `act` `or` its ``` perporting to he done in its or his official officers. ``` `capaci ty` unt i 1 `the exprret.ion` `of` `one,` `month` next ``` after notice in writlnq has been. in the case of ###### a Municipality delivered or'left at its office, ``` `and` `in` `the` `case` or `an` `officer` `or'` `servant` ``` delivered to him or 'left at his office 'or place ``` `of` `abode,` `stating` `the` cause `ot` `action` `and` `the` `name` `and` `place` of `abode` `of` `the` `intending` ``` plaintiff : Provided that nc.thinq in this section applied to any suit instituted under section 54 of the specific Relief Act 1877. G. Recovery of Municipal Claims ``` o 195. (1) `Any` `tax rete ,` `cess or` `fee` `(` `other` `than` `a` `Recovery` `of` ``` school fee) and any costs, damages or taxes and compensation or other monies payable. or other claims. claimable or recoverable by a Municipality under this Hegulation or any rule or bye-law may, after a demand has beer.' made therefor in the manner prescribed by rules made by Administrator, 'be ``` `recovered.` `on` `application` `to the'` `C411ector` <?f `the` `district,` `as` `.:iJ:rears·` `or` `land-reveo.ue,` `that` 1S `to` `say by the` `distress and sale of` ~y `movable` ``` property, or by attachment of immovable property, belonging to such person : Provided that nothing in this section shall prevent the Municipality in its discretion. from suinq for the anount payable in any canpotent Civil Court. ``` `(2)` If `any proper'ty,` `movable` `or` `immovable` `is` ``` sold WIder the proviatone of this Regulation and there is, after~~yment of the amount due to the Municipality, any surplus from the sale proceeds, such surplus shall, if the owner of the property ``` `Bold` `claims` it `wjthin'` `six months from the date` `of` ``` the sale, be pare. to him by the Municipality, but ``` ----- THE ANDAMAN `AND NICOBAR` EXTRAORDINM1Y GAZETTE, DEC. 8, 1994 91 ###### ------ ------------ ------------------ if no such claim is prererec within such time, " `the` `said` `surplus` `shall` `~` `credited` `to` `the` ``` Municipal Fund, and no suit shall lie for the recovery thereof. ``` (3) no `distrees attachment` `of` `sale made or` ``` held undor this Requlatior. ahall be deemed unlawful, nor shall any perscn making or holding the same be deemed to be t~pasaer, on account of any error. defect, or want of form in any bill, notice. schedule, form, notlceot demand, ``` `warrant` (If `distress` `of` `attachment` `in` `ventory` `or` `other` `proceed inq` `relating` `there` `to` if `the` ``` provision:::: of this Regulation have been in substance and effect complied with : ###### Prov iued that any per-son aggrieved by any irreqular~ty may recover satisfaction for any damage su£~ained by him arisi1g there from. ``` CHAPTER X! DISTRICT `PLANNING` 'JOMMITTEE 1~6.(1) `1here` `shall` `be` `coos·:.ituted` `for` `all` `the` `District` ``` districts in the Union ter~itory. a District Planning Planning Oommittee to cons91idate the plans Committee. prepared by the Panchayats. 'Municipalities and the triba 1 administrative bodies in the areas notified under sub-section (1) of section 3 of the AndaIDOrl and nicobar Islands (Protection of Aboriqinal Tribal) Regulation, 1956, and to ``` `prepare` a `droft development` plan `for` `the` `Union` ``` territory, ``` (2) '1 `he` `District Planning` `Cooimittee` `shall` ``` consist of.- ``` (d) `the Adhyak5hd of` `the.Zilla` `Parishad` `who` ``` shall be the Chairperson; lb) the C~airperson of the Municipality; (c) t~e Member of Parliament for the Union Territory; ``` (.d) s ich `number` or `persons` `not` `less` `than` ``` four-fitth~3 of the total number of members of the ``` `Commitee` as `may be specified` lD' `the Administrator` ``` shall be elected by and fram amongst the elected members of Zilla Parishad and 'the Municipality in proportion to the ratio betw~ the population of ) the Zj 11a Parishad and of the Municipal ities in '1the districts including such nUffib9r of pe~ns r-eh6Sen in :3uch manner as the AdmInIstrator ma by er pUbllsne In e lCl~ e e ermine the followinq namely:-- ``` ----- .... 92. THE ANDAMAN AND NlCOBAR r:.xTI{AORDINARY GAZETI'E. DEC. B. 1994 ###### --------------- .... ---- --------- ``` (i) six persons from among the tribal reardente in the Car Nrcobar tahsil; ``` ( i i) `Four persons` `f:rolIi` `the tribal` `residents` ``` in the 'Nancowry tehsil(excluding Great Nicobar); ``` . ``` (e) one person belonging to any of the Scheduled Tribes of the Andamanees Ong'~6 or ``` `Shoopens to be` `nominated` by `the` `Admin i stetor :` ``` (f) secretary to the Union territory incharge of .planning; . , ``` (g) `secretary to t.he-` `Union terri tory` `incnarqe` ###### of Finance; ;\ ``` (h) secretary to the Union tetritory incharge of local self-uovernment; . ``` (i) `The Chief` `ExecuUve Officer of` `thei` `Zilla` ###### Per rsned Secretary-ex-ofi icio. (3) `The` `District` `Planninq` `Coomittee` `shall` ``` prepare a draft Developnent Plan.-- ``` (a) hevmo `recard t»,` ``` (i) matters of c~non interest between the Panchayats, Municipalities, reserved area, municipal area and oxhe r areas . including spatial planninq sharing of water and other physical and natural resources, integrated development of infra~tructure' and envjronmental conservation; ###### (Li ) the" extent and type of evai Ieble resources whether f inencra] or: otherwise: ``` (b) `consult` e.uch `institutions` `and` `organisations` as `the Mmjnistrator` `may by` `order` o ``` specify. (5) The Chairperson of the District Flanning Committee shall forwar.d the Development ,Plan as ``` `recommended` by such, `committee` `to` `tho` ``` Administrator. : ``` CHAFfER XII ``` ('ONTROL ``` CONTROL BY 1 HE ADMINISTRATOR `Power of` 197. (1) `The'` `Admwistrator` `and the` `Deputy` ``` Adminis- Commissioner actinq under the orders of the ``` `trator` `AdIDinistrator` `shall` be `bound to require that.:'` `the` ``` over proceedings of Municipality sholl De in Munici- conformity with the law for the time being in pality. force. (2) The Administr.itor may ecercree all powers ``` ,. ``` necessary for the performance of this duty and ``` `may,` `amonq` `othe!:'.` `thinqs,` by `order` `inwritinq` ``` annual or modify any proceedings of a Municipality whiGh fie may consider not to be in conformity with law. ``` ----- THE ANDAMAN AND NICOJ3AR EXmAORDINARY GAZETTE. DEC. 8. 1994 93 ###### ---------------- ----- `purpose. ( 3)` `The exerrnse J)~puty •` `such Cc:mmissioner powers` as 1My. j `may be for conferred the same` ``` upon him by the Administrator. Power to 198. loe Administrator may, by order in cancel or writing- suspend any re- ``` `solution` ( i) `suspend` `or cancel` `any resol ution` `passed.` `passed,or` `or` `issued,` `or` 1 ioence `or -permission` `granted,.` `or` ``` issued or (ii) prohibit the doing of any act which is licence about to be <ione or is beina done, in pursuance or per- or under colour or this Requlation, if, in his mission. opinion. ``` `(a)` such `resol ut ion.` `order.` 1 rcence , `permission` 0]' `act has` `not` `been` `legally` `passed,` `iB8ued,` qr ant.od or authorised. `or` `(b)` such `resolution,` `order,` `licence,` `permission` OJ' `act` `is in` `excess` `of` `the` `powers` ``` conferred by 1.his Regulaiton or any other law. or (c) the execution of such resolution or order, the c(lntinuance in force of such licence or permiSSion or the doing of such act is likely ``` `to cause` `danqur` to `human` `life,` `health.` `or safety.` `or` is `likely to` `lead` `to a` `riot` `or an` `affray:` ``` Provided that the Administrator shall before ###### takrnc act.i on under this section on any of the ``` `grounds rereired` `to` `in` `clauses` `(a)` `and` (b) `give` ``` the authority or person concerneq an opportunity for an explanc~tion. ``` `199.(1)` `If,` `in` `the` `oplnlon` `of` d `Dissol uti on` ``` Administrator, the Municipality, persistently of the makes defaul1 in the performance of the duties Municipality. ``` `Imooeed` `on` J `t` `by or` `under this Regulation or` `exceeds` `or` `aliUSes` its `powers,` `the` `Administrator` `may` by `an` c-rder `published,` `together with` `a` ``` Statement or reasons therefore, in the Official Gazette dissolve the Municipality: Provided 1 hat the Muni cipal i tv shall be qj ven ###### a reasonable opportunity of being heard .before its dis8olutic'n. ``` `(2)` `When 1he Municipality` is `dissolved` `by` `an` `order under` si.b-sect `ion (1 )-` ``` (a) all members shall, on the date of the ``` `dissolution,` `vacate thelr` `off~ce` `as such` members `and` `the` `peraons` `referred` `to` in `clause` `(a)` `of` `sub-` `section` (2) `of` `section` 9 `shall` `cease` `to` `be` ``` represented ir the Municipality; (b) durirg the period of dissolution of the Municlpality. all powers And duties conferred and ``` `imposed` UPOfl `the` `Municipality` by `or` `under` ``` thls Hequlat:on or any other law, shall be ``` `excercised` `rud` `performed` by `such officer` `or` ``` autnoritv as the Administrator may appoint in that behalf: cnd ``` ----- 94. THE ANDAMA -------____ NAND NrCOBAR `EXTn.` `'` ----- ~~?RDrNARY GAZEn'E. D,~C_ 8 ``` ---- ~ • 1994 ###### (c) all pr .. ------ Municipality Sh~itrty a~d ~lghts vested in : the (1- ``` `vest` `in` `the` `Governmen~tll` `It` _is_ `reconatituted.` ``` 200. If any disput ' • which this Regulation d e, tor the decision ot Disputes arises between two orees not oth~~lse provide between between an Munic' . more MUnlClpalities or MunlciPd- ``` `the IDOtterYShall` `~h~y` `aud` `any other authority.` `lity.` I ``` "/hose- decision shall r~ erf~(3dlto the Administrator l).ja . CHAPTER XIII ``` BYE--LAW AN)) RULES ``` A. Bye -laws 201.A Municipallty may,by bye-!aws-- General (a) re~der licences necess,u-y for the proprietors bye-laws. or dr~vers.of vehicl~s or animal kept pr plying for hlre wlththe,llmlts of the municipal area. and fix the tees payable tor such licences and ``` `the conditions` `on` `which` t.hay `shall be granted'` `and` ``` may be removed.and may by 'Such conditionS provide amonq other thinqs for 0 minimum breadth, for wheel tyres tor a minimum Jiameter of the whe~ls; ``` `(b)` `limit the` `rates` `which may be` `demanded ~` £0; ``` the hire of any carriage, cart of o.ther ``` `conveyance.` `or of` `animals` `hired` `to carry` `loadS or` " ``` persons, or for the services 'of persons hired~ to ``` `carry` `loads` `to be` `carrie-d` by `such` `conveyances` ``` animals or persons when hired 'within ~} the municipal area for a per icd not exceeding twenty four hours, : . (c) provide tor the propel registration of births marriages and deaths WId for the taking of a census; (d) fix, and from time to time vary the numl:>er of persons who may occupy a building which is let in ``` `lodging` `or occupied` by `Jllt~ml>ers` _,ot_ `more than one` ``` family' or which is situatfxi withln such congested areas as may be specifiell in the bye-laws;' and provide-- , ``` ( i ) `for the r~istration` `and insp6cti,on` `of,` `suc~.` ``` buildinqs;, ' . . .' ``` (ii) `for` `promotin~` `cleanl inesa and` `ventllatlon` m ``` such buildings; ``` (iii) `for the notices` `to he` `given` `and,` `the` ``` precautions to be take·l in the case . of any informations of contagioJS disease brealung cut in such buildings; ``` ----- ``` THE ANDAMAN AND NICOBAP EXTRAORDINARY GAZETTE, DEC. 8, 1994 95 ------------------------------------ (iv) in.the c~e of hotel, sarais lodging-houses and resldental olubs, for the' m4intenance of registers in such form as the Municipal,ity may prescribe,of visitors and lodgers;and . (v) generally for the proper requlation of such DuildInqs; (e) provide-- ``` ( i ) `for` `the` rn-soect.i on `and.` `proper requlation` `of` ``` encamping qrounds , pounds, seraiss. hotels, resturant. lodqino houses, tea-stalls. confectioneries bakeries aerated- water factories ice-factories. dhobie qhats. flourmills and slauqhter hOUSES: (li) for [he jnspection and proper regulation of ``` `municipal` rcer ket,s , `for the` `preparation` `and` ``` exhi ni t ron ot a list current prices and for fixing the ft,es rents and other charges to be levied in such markets; ``` _( iii)_ `for` `th'~` `holding` `of` `fairs` `and` `industrial` ``` exhibitions wi:hin the municipal area or under of ``` `the` `control` ,)f `the Municipality` `and` `for` `the` ``` collection of tees under section 140; (iv)for controlling and regulating the use and manaqement of burial and burninq-grounds:and (v) for the superVISIon, regulation and ``` `protection` t r cm pollution `of` `public` `wells,` `tanks` `springs` `or` 01 `her` `sources from which water` `is` `or` WI t.nout the mun i c ioe l ar ee : `(f)` `require` `and regulate` `the` `appointment` by ``` owners of bUl.dinqs or land in the municipal area who are not resident in the IDW1icipal area of persons r es i-Hnq within or neer the municiapl ``` `area` `to act` e.s `their` `agents` `for` `all` `or` `any of` `the` `purposes` `of` t~i8 `Hequlation;` ``` (q) Where the collection of a terminal tax has been sancticned fix ternnnal tax limits for the purpose of collecting the some and prescribe routes by wh)ch goods, animals or doqs which are ``` `subject to si.cn` `terminal` `tax` may `be` `brought` `into` ``` the IDunicipa.' area; ``` `(h)` `render` 1 `.cenees` `necessary` `for` `using` `premises` ``` as stables ,;ow-houses, or houses or enclousres ``` `for` `sheep` )r. `qoat.s :` `and` `otherwise` `reuglate` '. ``` keep inc of a1imals within the>mUlv.icipal area: (i) In any municipal area where a reasonable ``` `number` `of` sieucnter `houses` `has` `been` `provided` `or` ``` licensed by the Municipality control requlate or ``` ----- THE ANDAMAN AND NlCO~ EXTRA()RDINARY GAZETTE, DEG. 8, 1994 .. ---_._---------------,------ --- ``` ~rohibit the admission witldn the municipa1 area for the purpose of sale of the flesh (other than ``` `cured` `or` `,reserved meat)` of `any` `cattle,` aheep, ``` goat or SWlne slaughtered at any slauqhter-houee or place not maintained or licensed Under this Regulation, and provide for' the seizure. destruction or disposal oi',herwise of any flesh brought within the IDl.micipal' 'limits in contravention of any such hye~law: ``` (i) `prohibit the` `lett inq of` `off` `fire-dI1llS.` ``` fireworks. fire balloons or detonators except - ``` (i) `with the peraf saton` `of` `,the` `Municipahty'` ``` or of an officer of the Municipality empowere~ to give such permission: ~ ``` `(i1)` `subject to such` `conditions` as `the` ``` Municipality may impose. and ``` `liii)` `on payme~t of` such `fees` (it `any)` as `may` `at` `any time have been` t i}( `ad` `by the` `MuniCipality` ###### in ·that behalf: ``` (k) r~late the making and use of connections or' cornmunicetions between private houses and premises and robins or service cables. ``` `wires.` `p,ipes,` `drains.` sewers `and other channels` _c-_ ``` establi3hed or maintainE,d by the Municipality under any of the provfafons of this Requlation; ``` , (.1 ) `reculate` `the` J ()5ting `of` 1>i 11s `and` ``` advertisements. and the position, size, shape and style of name-hoards, Sigll-ooards and s~gn-posts: ``` , ``` (m) provide for and rugulate the construction ###### and maintenance of oolillllary walls, 'hedges and ``` `fences` `hereafter erected or re-erected 60` as `to` ``` about on a public street ,)r upon property vested. in the Municipality; (n) regulate or prohibit any.discriptiop or traffic in the streets; ``` , I . (0) `prohibit the storage of` `more than a ·flxed` ``` maximum quantity of any explosive pe~roleum ``` `spirit,` `naptha or other` `inflammable` `materlal` i,~ ``` any building no licensed under section 137; (p) provide for' the e.etzure and confiscation of ownerless animals atrayinq w.ithin the municipal area: (q) provide for the registration of, a.l1 or any specified classes of d6gs,~and'in particular and without pre_j\.\dice to the generally of the foregoing -:- ``` ----- ``` THE ANDAMAN AND NIC)BAR EXTRAORDINARY GAZETTE. DEC. 8, 1994 97 ###### -------------_._- --------------_._-- ----------------- (i) provide for the imposition of an annual tee for such reqistration; (ii) require that every registered dog shall ``` `wear` a `collar` `to which` `shall` `be` `attached` `a` `medal` `token` `to be` `issued` by `the Municipality;` `and` ``` (iii) ~rovide that any doq, not reqistered and not bearing such token may, if found'in any ``` `publ ic` pe Ice `be` `detained` `at` `a place to` `be` `set` `apart` `for` t he `purpose` `and shall` `be` 1 `iable` `to` `be` ``` destroyed cr otherwise disposed of after such period as m~y be specified. in the bye-law; or (r) qererally provide for any matter which may be eut hc.r i sed by the Administrator; ###### Pr rvts Ions 2U2.l1) Any power to make bye-laws conferred ``` `relating` `by` `this Heoulation` is `conferred` `subject to` `the` ``` to bye-laws beJnq made atter previous publication: bye-laws. (~) l~ makinq any bye-law the Municipality may direc1 that breach thereto shall be punishable with tine which may extend to fifty rupees and on the case of a continuing breach ``` `with` `a` t in `ther` `fine` `which may` `extend` `to` t ive ``` rupees for Hvery subsequent day during which the breach cont nues: ###### Prov idert that in lieu of or in addition to infllctinq such fine the Maqistrate may require ``` `the` off ende-: `to remedy` `the` `mischief so far` `as` if ``` within his Dower: ``` (3) `No` `:>ye-law` `shall` `ccme` `into` `force until` `it` ``` has been ;ontirmed by the Administrator and ``` `published` II `such manner` as `the` `Administrator` `may` `d.escr iOO` rn `this` behalf. ``` (4) Th3 Administrator may in confirming a ``` `bye-l,lw` me ce , `any` `chan~` `in` `its` form WblCh ``` appears to him to be necessary. ``` `(5)` n~ `Administrator` `may` `cancel` `his` ###### conr rrmat ron of any such bye-law, and therupan ``` the bye-law shall cease-to have effect. (6) A coPy of all bye-laws shall be kept at ``` `the` `oiflce` ot `the` `Municipality` `and` `shall` be `open` ``` during office hours without charge to the ``` `inspectlon` of `any` `inhabitant` `of` `the` `municipal` ``` area. ``` (";) Cot ies `of` all `such bye-laws` `shall` be `keot` ###### at the sa: d office for sale to the public at a' ``` price not (xceeding tive rupee5. ``` ----- .- 8. THE ANDAMAN AND NICOBAR `EXTRAORDINARY.` GAZETTE, DEC. `8.` 1994 --~.- **---'_._-----------------------:----** **--------:---** ``` B,'Forms and HUl~S ``` '_ 203. (1) `The` `Administrator` UlaY `prescribe forms` `Forms` `and` `for` `any proceeding` `of` `Munici~11ities,` `for` `which` `,` `rules.` 1'1 - `he considers that` `form ahou Id` be `provided -` `and` `may,` `subject` `to` `the condi tion` of `previous` `-` `pUblication,` by `notification.` `I~e` `rules` `to carry` ``` out the provisions of this Re~llation, ``` `(~)` `In` `particular` ami `without` `prejudice` `to` ``` the generally of the foregoing powers, such rul~ ``` `may` `provide` _tor_ `all or any` `of` `the` `following` ``` matters namely :-- ``` I ``` (a) the qualifications requist in-the case of persons appointed by-a Municipality to offices ###### recurr-inc profeasfonal ski 11 : (b) the authority on which money may be paid from the Municipal Fund , and t.he management and ``` `regulation` `of` `Provident` `Funds` (if `any)` `e~tabli5hed` `under` `ooctiOll` 2~; ( c) `the custody and` US-'3 `of` `implements,` `appliances` `and` `other` `mat3rials` `kept` by ``` Municipality under section 105: (d) the proCed~ to be observed for the ``` `appointment,` `punishm~nt` `or dis~issai` `of` `officers` `.: ..` :- `and` `servants` `of` `Mun:icipality` `and as` `to appeals` .- ###### - `from` `order` `of` `~:ppointments ,` `punishments` `or` \ ``` dismissal: (e) the condition on wn icrr property may be acquired by a MuniCipality or on which property ``` `vested` `in` `a Municipality` `may be` `transferred,` by ``` sale, mortgage leese, exchange or oterwise; ``` (f) `the` `oreparat ion` `of plans'` `and estimates` ``` for works to be partly or wholly constructed al.- ``` `the` `expense` `of` `Municipal ities` `and` `the` `persons` by ``` whom, and the conditions subject to which such plans and estimates are to be sanctioned; (g) the assessment and collection and the ``` `compoisition,` `refund` `or` `the` `llmitinq` of `refunds.` ``` of taxes imposed under this Regulation and the prevention of evasion of the same; and the fees payable for notice of demand; (h) the conditions on whjch a Municipality may receive goods into a bondE,d-warehouse and the ``` `agreements to` `be` `siqned` by `traders` `or` `other` ``` wishing to deposit Qoods ther)n. ``` ----- THE ANDAMAN AND NICOllAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 99 ``` (i) the accounts to be kept by Municipallties, the condition on which such ``` `account` `are to` `be open` `to` `inspection` by ``` inhabitants paying any tax under this Requlation, the manner ) n which such accounts are to be ``` ; ``` audited and published, and tre power of the auditors in respect of disallowances and surcharge; ###### l .i) the returns statements and reports to be submitted by Municipalities: ``` (k) `the` `language` in `which` `business` of ###### Municipalitje~: shall:be transacted. proceeding ``` recorded and not ieee issued: (1) the Dubllcation of public notices; (m) the requlation of the proce~inqs of Municipalities and persons empowered to accept ``` `composi t ron` under `section` `191` `tor` `alleqed` ``` offences; ( n ) the me i nt.enance . control and requlation ``` `of` `water` `work~` and supply `of` `water;` (oj `qenerally` `the guidance of` `Municipalities` ``` and public officer in carrying the purposes of this Regulation ; and ``` tP) `the` `intermediate` `office` `or` offices{if `any)` throuqh `which` correspondence `~t,",een` `Municipalities` `or members` and `the` `Administrator` ``` or the Deputy Commissioner shall pass; ``` i `(q)` `the` `powers` `to` be `exercised` by `the` `Deputy` ``` Commissioner under section 97. ``` t r) `any other matter which hos` `to be or` `may` `be` provided. ``` (3) In maKing such rules. the Administrator may direct that a breach of any provisions therof shall be punishable with tine which may extead to fifty rupees. (4) A ru l-s may be general for all municipal areas. or for all municipal areas not expressly expected from its operation or may be special for ``` `the whole` `or` ,my `part` `of` `one` `or` `more` `municipal` ``` areas, as the ~dministrator may direct. ``` - , ----- [.1 .•.• 100. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. DEC. `8.` 1994 ###### l.-<'l.Ying of 204. Every rule and every bye-law ~de under `rilles` `this` `Regulation` `shall` be `laid` `as soon as may` `be` and bye- `after` `is` `made` `before` `each House` `of` `Parliam~nt` lt1\OlS `While` `it` `is` `in` `session` OJ' `a` `total` `period` `::of` ``` before thirty days which may be comprised in bne session ``` par 1 ia- `or` `in` `two` `or more` `sucessjve sessions` `and` `if` ``` mont. before the expiry of the session immediately ``` `following.` `the` `session` `or` thE, `successive` `sessions` `as` `aforesaid` `both` `Houses` C.g-ree _tor_ `making` `any` `mod it` i cet i on `in` `t.he` `rule` `or` `bye-law` `or both` ``` houses agree that the rule or bye-laW should not ``` be `made.` `the rule` `or` `bye-law shall` `thereafter` ``` have effec~ .only in mod if jed from or be of no ``` , . `effect` `as the` `case may be:` `so however` `that` a~y `such` `modification` `or ennfu lment,` `shall` be `without` `prejud i ce` `to the` `validity` _ot_ `aiwthinq previously` ``` done under that rule or bye-·law. ``` CHAPTER ~;IV ``` SUPPLEMENTARY ``` vecencres `~05.` `No act` `done` `or` `pruceedin_g'` `taken` `under` ``` and irre- this Hequlation shall be·quost.ioned on the ground ``` ([\.ll uri t.i - `merely` `of` `the` `existence` `oj'` `any vacancy` `in` `any` ``` es not to MW11cipality, sub-committee or joint committee· or ``` rnve l i- `on` `account` `of` `any defect` `or` `irregularity` `not` d.o.te oro- `affecting` `the` `merits` `of` `the case.` (:("ed:i nCl~? l:'l'C.'ot `of` `206 _` (1) `A copy` `of` `any receipt` `application` 1J\\.ln1Cl-pa1 `plan,` `notice` `order` `entry` `in` `a` `register or` `other` ``` records. document in the possession of a Municipality ``` `shall` if `duly` `certified` `by` `i:he` `keeper` `thereof` `or` ``` other person authorised )y bye-laws in this behalf be received as evidence of the existence of 'the entry or document and of the matters of transaction therein recorded rn every cese where and to the same extent as the oriqinal entry or document would if produced have ~en- admi~ible to prove such matters or tr,'iI)sactions. ``` (2) `No officer` `or eervent` `of` `a` `Municipality` ``` shall in any legal proce~dings to which the Municipality is not a party be required to ``` `produce` any `register` `or` `document` `the contents` `of` `which` `can 00.` `proved.` `under` `3ub-section` (I) `by a • .` ``` . certified copy or to appear as a witness to prove ``` `the` `matters'` `o~ transactions recorded` `therein.` ~- , ``` unless by order of the Court made for a 'special ``` `cause.` .. . ----- - .- ...•. " .. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 8, 1994 101 ###### -------------------------- --------------------- ``` Amendment 207. In section 1 of the Andaman and Nicobar of requ- Is 1 an cia (Panchayats ) Regulation. in sub-section lation 1 (2). for the Words "The Andaman and Nicobar of 1994. Istends (Municipal Boards) .Regulation, 1907" the words "The Andaman and Nicohar Islands (Municipal) Requ Iat ion , 1994" , shall be substituted. Power to 208.(1) If an} difficulty arises in qlvlng ``` `remove` `effect` `to the` prov-atons `of` `this` `Regulation,` `the` `difficu-` `Adndnistrator` `may` by `order published` `in` `the` ``` lties. Official Gazette make such provlslons not inconsistent witn the provisions of this Regulation as appears to him to be necessary or expedient tor remcving of that difficulty: Provided thai. no such order shall be made atter the expirntion of two years from the commencement of tnis Requaltion. \ (2) Ev~ry order made under this section shall ``` `as` `SOCln` `as` `may r-e` `after` 1 t `is` `made` `laid` `before` `each House` `ot` :Pal 1 `iament .` ``` Repeal of 209. (1') The Andaman and Nicobar Islands Requla- {Administrator) Regulation, 1979 is hereby ``` ....___' `tion` `4 of` `repealed:` ``` 1979. Provided that the Pradesh Council existinq immediately before the commencement of this ``` `Requlation·` `sne l` `.` `cease` `to` `exist` `on` `the date` ti `11` ``` immediately before the date fixed under section 150 of the Andaman and Nicobar Islands (Panchayats) Relualtion 1994. ``` `Repeal` 210. (1) `The` `Andaman` `and` `Nicobar` `Islands` ``` and (MuniCipal Bocrds) Regulation. 1957 is hereby savinqs. repealed. (2) lhe r-epee l of the said Requlation shall not effect,-- (aj the previous operations of the said ``` `Hequlation` (Jr `any other done` `or` `suffered` `thereunder;` 01 ``` (b) any riqht, privilege, obliqation or liability acqJired. accrued or incurred under the said ~equlatl~n; or ``` IC) `any penalty;` `forefeiture` `or` `punishment` ``` incurred In respect of any offence committed against the ~,aid Requlation; or #### f ###### --_ ``` ----- '. 102. 'nIE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, DEC.· 8, 1994 ``` Cd) any investigation, legal proceeding or remedy in respect of which such riqht. privilege, ###### obligation, liability. forefeiture or punishment ``` as `aforesaid` `on` amy `such` `investigation.` leqal `proceeding` `or remedy may be` `instituted` `continued` . ;._, ``` or enforced any such penalty, forfeiture or ``` punishment may be imposed as if `this` `Regulation` ``` had not been promulgated. ``` SHANKEH DAYAL SHARMA. ``` President . ``` . " ``` K.L.M:lHANPURIA, Seey.to the Govt. of India. ``` .,' ,~ ; .. ~ ' .. ,.' , . '_ k _._ _~ l~ ~_ . ~~, . ,.,~ ;~~ ... " - •• I" - '\1 " ., •. 1., ~ I' _,_ _r_ " I ~~ .... ''''; ~ ... -- '''. -----

5-Aug-1994

7

The ANDAMAN & NICOBAR ISLANDS TOWN &COUNTRY PLANNING REGULATION,1994

https://www.indiacode.nic.in/bitstream/123456789/19003/1/t%26cp_regulation.pdf

Andaman and Nicobar Islands

##### ANDAMAN ~NO NICOBAR GAZETIE ###### 31 'l'll a 1(111 H.XTitAORD! NAK Y 111111411< u ~ ###### PUblished by AUthority ' li. 158, qo)i .w.~. wnrt", 19 ~ 1994 ### .. No. 158, Port Blair, Monday, December 19, -----------------------1994 ANDAMAN AND· NICOBAR ADMINISTRATION SECRETARIAT . NOTIFICATION :--..--'-1 '•:' :\'c' ###### Port Blair, dated the· 19th December, 1994. ; : , , ., , • • ,. ,. - - ,? , ~ I : ; 1 , 0 ! o" No. 145/94 F. No. 6 9/94--l.eqal-111.-The f"llowing R •gulations oub~shed i'l' the Gazel'le of India, Exti'allrdlnaryf'art-II·Soction 1 No. 61 dated 6th August, 1994 are he•eby repro~ucsd below for lhelnfor- ###### IUiien of General Public. "lh~. Andaman and Nicobar Islands Town and Counlly Pian~ inti R;lgtilar ions, 1994" :C .;•· . - - - · No. 7 ot 1994. - ' ###### '. Sd/- (Abdul Waseem) ###### Assistant Secretary (Law) . ,, ........ , MINISTRY OFLAW; JUSTICE AN,D COMPANY AFFAIRS (le_gislallve Department) New Delhi, the 5th August 1994/t4 .. Sravan~~o.1.9.16 (Saka) THE ANDAMAN AND NICOBAR ISLANDS TOWN AND COUNTRY PLANNING .REGUlATION, 1994 No.7 OF 1994 Promulgated by the President in the Forty-fifth Year of the Republic of India. ( I - ' ,;~>ill ~:.•, . \ ' , ~" . - A Regulation to provide for the development of lh<o Uninn territory ·of the Allllamari and Nicobar lsla~ds according to plan and for mat •ar• ··nnnected therewith. - · In exercisa·of·the powers conferred by dsuse· (1) ·of article 240 of the Constitution, tha PresideAt is pleased to promulgate the f.-,Jiowing Regulation made by him:- CHAPTER I PRELIMII.IARY 1. (1) T~isReguletion may be called the Andama~ a d lllicobu Islands Short Town and C::.untry Planning Regulation, 1994. ###### t title, (2) It extends to the whole of tha Union Territ~ry of thq An 1am n aod extant and ###### J Nicobar l<i•nds c<>mmenca- .. manl • (3) It snail com~ into force o" such dah a• the Ai'l'l•nis·r.•" mw, b~ nCIIifi;:etion in the. Official Ge>z•lte, appo nt. 2. In this Regulation, unless the context otherwise requires, - Definitions. (a) 'Administration· means the Andaman and Nicobar Administration; ## - _, .. ,._:..::;,: ..._ . '· -·- ...... ~. -~ "'-''· ............... . , ..•. - '. ----- 2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, 1994 (b) - dministration' means the Administrator of the Union Territory of the Andaman and Nicobar Islands appointed by the President under 239 of ###### the Constitutioil; (c) - menity' includes road, water supply, street lighting, draina!le. sewerage, public works and such other convenience as the Administrator mey, by notification in the Official Ga~ .. tte, specify to be an amenity fOI' the purooses of this Regulation; (d) 'building' includes any structure, erection or part of a structure or erection which is intended to be used for residential. industrial. commercial or other purposes, whether in actual use or not; (e) 'building operations' includes rebuilding operations. structural alterations of. or additions to, buildi11gs and other operations normally under- taken in connection with construction of buildings; (I) 'development' with its grammatical variations and cognate ex- pressions means the carrying out of building, engineering, mining or other operations in. on, over or under land or the making of any material change in building or land and includes re-development; (g) 'development area' means any area declared to be a development area under sub-section (1) of section 11; (h) - ngineering operations' includes the formation or laying out of means of access to a road or the laying out of means of water supply; (i) - aster plan' means a plan which includes an outline, develop- ment plan, re-development or improvement plan of a development area and zonal development plan, prepared for any development area under this Regulation; (j) - eans of access' includes any means of access, whether private or public, for vehicles or pedestrians. and includes a road; - (k) - wner' includes the classes of tenants specified in section 141 ###### of the Andamari and.Nicobar Islands Land Revenue & land Reforma Reg ·I Regulaton 1 966; of t9se. (I) - rescribed' means prescribed by rules made under this Regulation; (m) - o erect', in relation to any building, includes- (i) - ny material alteration or enlargement of any building; (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ; - . (iii) the conversion into more than one place for - uman habita- tion of a building oriQiflally constructed as one such place; (lv) the con.version of two or more places of human habitation into a greater nu.,.,ber of such places; - . (v) such at'tsrations of a builc!ing· as affecf an alteration of Its **drainage or sanitary** **arrangementst or· materially affect its securitv;** (vi) the addition of any rooms, buildings, houses or other struc- tures to any building; and (vii) the construction In a wall adjoining any street or land not **belonging to the owner of the wall,** **of a** **door** **opening** **on** **to** **such** **street or** lan~; (n) - own Planner' means a person appointed under sub,sectlon (1) of section 3 to perform the duties of a Town Planner under this Regulation; **(o)** **"'zone"** **means any one of the** **divisions** **in;Which** **the** **area** **to** whiCh this Regulation applies may be divided for the purposes of development under this Regulation; (P) the expression "land" shall have the meaning assigned to It 1of in section 3 of the Land Acquisition Act, 1894. 1894. CHAPTER II OFFICE OF TOWN PLANNER ###### 3. (1) The Administrator, may appoint an officer, not below the Town ###### Planner. rank of a Secretary to the Administration, to be the Town Planner for the purposes of this Regulation and m"y also appoint other persons to assist the Town Planner. ###### (2) The Administrator may, by general or special order, confer, on any person appointed under sub-section (1), all or. any of the powers of the Town Planner under this Regulation and such person shall exer-- cise such powers subject to the general superintendence, direction and control of the Town Planner. ----- Planner such numoer of officers and employe"s (including experts tor Town technical work) of the Administralion as may be necessary for - he Planner. efficient performance of his functions and may determine the:r desi£- natlons and grades." ###### 5. (1) The Administrator shall, as soon as may be, constitute an advisory council for the purpose of advising the Town Planner on the Advisory preparation of the master plan and on such other matters relatlng to **Council.** planning of development arising out of, or In connection with the imple- mentation of this Regulation. (2) The Advisory Council shall consist of the following members, ###### namely:- (a) The Town Planner, ex-officio, who shall be President; (b) one representative to r<>presant the Ministry of the Central 6overnmer.t dealing with Agriculture; (c) one representative to represent the Ministry of the CeRtral Government dealing with Environment and Forests; (d) one representative to represent the Ministry of the Central Government dealing with Urban Development; (e) one representative of the Health Departmenl of the Administra- tion; (f)) one representative of the Port Blair MUnicipal Board; (g) one representative of the Electricity Department of the "Administra- tioA; (h) one representative of the Public Works Department of the Adminis- tration; (i) two persons. with knowledge of town planning or architecture, to be nominated by the Administrator; ###### (j) one woman member to be nominated by the Administrator. CHAPTER Ill MASTER-PLAN ###### 6. ( 1) The Town Planner shall. as soon as may be, carry out a civic Civic · · .. , wrvey of, and prepa•e a master plan for, the development area. survey - ''"''. : ###### (2) The master plan shall- and master plan. (a) define the various Zones into which the development area may ###### be dividad for purposes of d welopm-nt and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying outth~reon of develoomont or otherwise) and the stages by which any such developm•nt shall be earned out; and (b) serve as a basic pattern of frame-work within which develop- ment plans for various zone• ·may bs·prepared. ###### (3) The master plan may provide for any other matter which is necessary· for the general development of the U~ion territory of the Andamal'l and .Nicoliar Islands. 7. (1) Before preparing any master plan finally and submitting it to the Procedure to Administrator tor aoproval, the Town Planner shall prepare a plan in draft and be follow- publish it by making a copy t'ere1f available for inspection end publishing a ed in notice in such form and man·•er as mav be prescribed inviting objections and preparation supgestions from any person with respect to the draft m·aster plan before such and date as may be soecified in the nolice. approval (2) The Town Planner shall also ~iva reasonable opPOrtunity to every of master local a• thority within the local limits of jurisdiction any land toucher;! by plan. the master plan is situated, to make any representation or suggestion with respect to the plan. (3) After considering a'l objections, suggestions and representation• that may have been received by the Town Planner. he shall finally prepare the master plan and submit i• to the "'dministrator for approvol. 8. ( 1) Every master olan shall. as soon as may be. after its preparation. he Submis- submitteo by the Town Plan er to t"e Administrator lor aoproval and Adminis- sion of trator may either approve the master alan with or without modifications as master plan he may cons,der neccessary or reject the master plan with directions to - the and its date Town Planner to prepare a fresh master plan according to such directions. of opere- (2) Immediately after the master plan has been aoproved by him. the lion. Administrator shall cause to be published in such manner as mav be prescribed a notice stating that the mast'r plan has been approved and naming a place where a copy of the master plan may be inspected at all reasonable hours and upon the date of first publication of the aforesaid notice the master plan shall come into operation. ###### .. . -·~-··-··-. .:... -~ ~,·. ' ----- ###### & ···THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, · 18M ·-······- Miidiiica- 9. (1) The ·Administrator may make any modification to a master plan lions to·' '-' tieing modifications Which, in his opinion, do not effect importanl alterations master plan. ir\ the cha~acter ofthe plan an::l which do not relate to the extent of land-uses or the standards ot population density. - (~ The Central Government may. in the interests of the security of the State or of the general public, make any mc,difications to the master plan whether such modifications are ot tr•e nature-specified In aub-aectlon (·1) or otherwise. . (3) Before making any rnod·fication to a master plan under sub-section (1), the Administrator shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions with respect to the proposed mod•fications· before such date, not being less than fortyfive days from the dete on which the notice is made available to the public, as may be specified in the notice and shall consider all objections and suggestions that may be received by him. (4) Every modification made under the provisions of sub-section (1) or sub-section (2) shall be published in such manner as mav be prescribed and the modifications shall come into operation on the date specofied in the notification. - · (5) When the Administrator makes any modifications to a master plan· under sub-section (1), he shall report to the Cen1ral Government the full parti- culars of such modifications within thirty days of the date on which sucll modifications come into operation. CHAPTER lV ###### Uaeof . ,, Development .. ,... . Of Lands . land and ###### 10. Notwithstanding anything contai119d in any other law for ·the· 'time building in being·in force and subject to the provi&iOI)S of section 9, no person shall, afler contreven" the earning into operation of the master plan under sub-s•ction (2) Of section ###### Uon of 8 use or permit to be used any land or buHding in the development area other- IIIIISr.r wise than in conformity with such master plan : plan. Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed, arly'llind ·o; building for the purpose and to the extent for which it is baing used on the date on which such master plan comes into operation. 1.1. (1). As SOOI) as may .be after the: commencement ef this Reg!Jlation, ###### Develop- the Administrali(ilj_ m.ay, by n:.~!lice~ib,n iidhe Officilil'Gazette, declare anv area ###### ...... of in the Union terrotory ol tli<.i Andaman and N'icobar (stands to be a develop-· **l1ad.** mont area for the purposes of this Regulation: - ;1T< .1~H. _·-,':;::)•,_ :," '!· ;;::!~i;.~,l _fl'i_ ~~ '1:. '" '·'I _!_ :-i !l.)i - Ptbviaed't!Ja1 ria'Suc:iHfei:laration sliall·be ll'lade:·unli!lSS' a'"ProtillSal for suC'Ifaiiclaratioli'has'lliten'teferred to· the 101::!1' aUrh>:l'ritywithin 'thll~1imrts of wlilcll'tllii'arell is1acatelt'for'lt\fvii!Wll aillfsuch views, if any, received within lhirty davs of such reference are• considered:,,,, · ,:, " - - - ·'"·' " · ###### ,, ' ·"(2) ·After the commencement of this regulation, no de)IBI,opme• t of la~d· shall be undertaken or carried outcin ·any ·development area .. by- 'any· - erson or b(Jdy (including a Depar•.ment of Governme.nt or the. Administratior·) unless. permission ror sucli develilpii\'ilrit 'hils '6eerf olitainea iti' writing from , he Town Planner in accordance with the· provisions of this Regulation. .,• .... {~) Aller th~ coming Into operation of the master plan, no developmen shidl lie 'undeftak:en'or Cllrtieo out in th~· development area unless such deve· lopment .is in acc.ordance with such plan. - - - (4) Notwithst<~nding anythi'UJ contained in su.,.:sections (2) and '(3} development. of' any land begun by lfhy department of _Gov• rnment or ' Admi-_ nistration or any local authoritv before ttn• commencement of this ReQulatio'l may be completed by that department or local authority ..,.ithout compliance- with the requirements ofcthose·sub-sectoons. . . . ,, , "'··· .. 12. (1) Eve;y person ar body (including· a ·department'· of Goliernrnel'it or the Administration) desiring to obtain the permission referred _tO 'In_ sub-sec.:; Application tion (2) of·section 11 shall 'make· an aPplicatio'l in writing t"t the· Town· Planner for permis- in such from _arid containing·such partieula s i'l respect_ of the developmenl to ###### sion. which the application relates as may be prescribed. (2) Every application under sub-section (1) shall be accompanied by such fee .as may be prescribed: .. Provided that no such fee shall be necessary in the case of an application made by a department of the Governm.,nt or of the Administration. (3) On the receipt of an application _tor_ permission under sub-sectbn (1). the Town Planner shall issue an .acknowledgeme~t of receipt of such appl cation and after making such inquiry as he considers necessary shall, - by· order in writing, either grant the permis>ion. subject to such conc;lit ons, if any,. as may be specifoed in the order or refuse to grant such permission : ----- (4) Wher. a permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner >·rescrib- ed. - (5) If the Town Planroer do•s nnt communicate his order to 1 e applic•nt whithin six months from the date of acknowledgement of receipt of •he app·i- . cation under sub section (1), such permission shall be deemed to have been granted to the applicant on the expiry of the said period of six months. (6) The Town Planner s~ all keep in. such form as may be prescribed a register of applications for permission under this section. (7) The said register shall contain such particulars including information as to the manner in which applications .for permi>sion have been deelt with as may be prescribed and shall be ava<labte for inspection by any member of the public et all reasonable hours on payment of such fee not exceeding rupees ###### • twenty as ma.Y be prescribed • ,8) Where permission is refused under this section the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission. ###### . 13. Every permission for any dev6lopment granted und•r this Regulation Lap~ .of par- shall remain in force for three years hem the date of such permission: mtss~~~: .. '.,,·.;,.~ Provided that the Town Planner may. on application made in' this behalf before the expiry !>f the aforesaid period •. extend such period •. for such time as he . ,may think proper so however that the total period does not exceed ' srx years: - - Provided further that such lapse shall not bar any subsequent application. for.,fresh permission under this Regulation. - ###### · 14. Land needed for implementing a master plan notified shall be dee· Land.forimple- .. d f P bl' . . mentiRg mas- me~ to be land neeoe . or a u oc purpose. - ter plan to be deemed to be for a public .Purpose. ###### CHAPTER V SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS ###### 15. The Town Planner may authoris" any person in writirg to enter into Powers of or upon any land or building within a development area with or without aS&is- entry. tents or workmen for the purpose of- - (a) making any enquiry. inspection, measurement or survey or taking · levels of such land or building; (b) examining works under construction and ascertaining the course of aewers and drains; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of work; (e) making such levels. boundaries and lines by placing marks and GUtting trenches; (f) ascertaining whether any land is being or has been' developed in contravention of the master plan or without the permission referred •o in ~tion 11 or in contravention of any condition subject to which such permission has been granted; or (g) doing any:other thing necessary for the efficient administration of this Regulation: Provided th2t- ###### • (i) no such entry shall be made except betwee~ the hours of sunrise and· suns• t and without giving reasonable · orice to the occupier, or if there be no occupier. to the owner of the land or buildiog; ###### • (ii) sufficient opportunity shall in every inotance be given te> enable women if _any to withdraw from_ s'JC'> land or building; (iii) due regard shall always be had, so far as may be compatibl .. with the exigencies of lhe purpoH for which the entry is. made, to the social and religious usages of the occupants of the land or building entered. ###### 16. (1) Any person who uses any land or building in contravention of Pen it" the provisions cf section 10 or in contravention of any terms and conditions a - s. prescribed under the proviso to that section shall be punishable with fine which may extMd to five thousand rupees and in the case of a continuing' offence. w!th further fine .which may extend to two hundred and fifty rupees ior everyday during "''hkh such offence continues after conviction for the first cOmmission of the offence. ---·~-. -··- . . . "". . .. --·~· .'-·;~···'·'·'"-;''" - ~ ----- ............. 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, D!:C. 19, 1994 (2) Any person who whether at his own in~tarlce or at the instance of any other person or anybody (including a department of Government or the Administration) undertakes or carries out development of any land in contra- ver.ticr. of the master plan or without the peimission re~aried to in sub-section (2) of section 11 or in contravention of any condition subject to which such per;nission has been granted, shall ba punishable,- ( a) with rigorous imprisonment which rriay extend to three years, if such development relates to utilising, sCllling or otherwise dealing with any land with a view to the setting up of a colony within a development area. (b) with simple imprisonment which may extend to six lhontfis or with fine which may extend to five thousand ·rupees, or with both, in• any case other than that referred to in clause (a). (3) Any person who obstructs· the iintty of a person authorised under section 15 to enter into or upon any land or building, or ineilests such person after such entry shall be punishable with imprisonment for a term whi~h may extend to six months, or with fine "Which may extend to one thousand rupees, or with both. ###### OKler ot 'dl? 17. ( 1) Wher.e any iievelopinent has been commenced·, or l!i bei!IJJ molitionof carried on or has been compfeted i"n contravention · of the master "tllitn' · ot" building. without th$ pe~missj<J~ rE>fened to .in s_ub-sect!qn (2) ar SI1C~ion .11 or.in con- tl!llyention pf any c~;~nditions sul>ject to. which such perri'li5sioii . hils ~eel) srant"p, ,tlia orriwn, planner may - n - ddition ~o 'anv: .pio·sec'iition - l'lllW may be i"nstltuted under this Regulatloii, make an . oiiler clirecti'n!'J'' "tliaf'iit.ci'i• d.e!~El(!>Prn"l)t .sllaU be ,removed by demolition fillin!J. .. Ot ()th!'rwise. bv: the owne'i the"reof or bY 'tfie person af wi\'Osl11nstance·1fte cfeVellf(irnent : has befili com- . menced or is being carried out or has- ll'E!iin·eompfeted~·wrthm soch periOd' fl'lcW ::being less than five days and more· than· f.iofteen days from ~he date on INhich a ':copy of the order of removal, with a brief - tat!lment af the reasons therefor, . : has been delivered to the owner or that failure to comply with the order," the ~Town Planner may remove or cause to be removed the development and the :':expenses of such removal shall be recovered from the owner or the person at - 'whose instance the development was commenced or was being carried out or was completed as arrears of land revel"iua: Provided that no such order shall be made unless the owner or the person concerned has, ,been; given a reasoAable· opportunity to show cause why the order should not be made. - . . .. (l} Jhe provisiqns ~f th~ \19Ctiori shall - e. in adaitiOn to, and hot in derogation of' any other provision relating to d'a'molition of buildings contained . jn any other law for the time baing in force. !':,w-;a:,lo . 18, (;) Where any development !n a.nv area has b_ea·~ commenced !ri cone me~t P- travent1on o~ the master· plan' or Without· the·· perm1ss1on referred to m sub- . section (2) of section 11 or in contravention of any conditions subject to which such permission has been granted, the Town Planner may, in addition to arw pro- secution that may be instituted under this. Re!julation •. rna~ an order requiring the development to be discontin·ued on and from the date of the service of the order, and 'sUch order shall' be" complied witli' accord!'ngly. (·2), Where such de1l'elopment is not discoutinued in pursuance of the order· under sub•section· (-1), tlie Town Planner may in writing require .any. police officer to• remove the person by whom the development has been commenced and all his assistants and workmen from the place of development · or to seize any construction material, tool, machinery, scaffolding" or other tliings used' in such development within such time as may be specified in ttJe .. requisition and such police officer shall comply with the requisition accordingly: (3) Any of the things caused to be seized by the Town Planner under - sub-section (2)' sliall! unless the owner thereof turns up to take back such· things and pays to the Town Planner the charges for the' removal or storage of such things, be disposed· of by him by public auction or any other manner and within such as time as he thinks fit. ( 4) The charges for the removal and storage of the things sold under sub-section (3). shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made-therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the Consolidated Fund of India. (5) After the req~,risition under sub-section (2) has been complied with the Town Planner may depute by a written order a p~ice officer· or an: !lffic;e· or employee of the Administration to watch the place in order to ensure thattlier d&velopment is not continued. ----- ###### (cj Any parson faiiing to comply with an order under sub-section ('i) shall be punishable with fine which may extend to two hundred rupees for elie,Y day during which the non-compliance continues after the service of the order. (7) No compensation shall be · claimable . by any person for any damage which he may sustain in consequ~nce cf t:,., removal of any development under section 17 or the discontinuance of the development under this section. (8) The provisions of this section shall be in addition io, and not in deroga- tion of, any other provision relating to stoppage of building operations contained in any other law for the time being in force. 19. (1) Any person aggri~ved by an order of the Town Planner mad.e Appeals. under this Regulation, may prefer an appeal to the Administrator within thirty days from the date of the order appealed against : - Provided that the Administrator may, entertain an ilppeill alter the expiry of the saia period of thirty days if he is satisfied that there was sufficient cause ###### • for not filling it within that period, (2) An appeal under sub-section (t) sha-n be made in' such .form-and shall be accompanied by a cbpy of the order appealed against and by auch fee aa mliy be prescribe(f. - (3) The Admlnistriltor may; after ·giVirlg the partiet: ta the •appeal arr oppor- tunity of belng heatd. · paS$ such orders thereon as til! thinks· fit, confirming, modifying or annulling the order appealed against. ( 4) The Administrator shall send 11 copy ofevery order passed by him to ###### 1hepa;iles to tho! al)~eil'l. . · ·20;· { 1 )• Any offence· n\ade iMI'ishable by ·or ·Under his Regulation may. Composition eithl! t biffore or after the inlititUtiOi'l Of proceedings~· be compounl:led by · the of offences. Administrator. {2)·Where an offlhlt:e> hall· been cOm}!>Ounded; the offender,· .if. in cu~y, shall be discharged and no further p'roi:ee-ditigs· sl\all be titltlllf agllinst· him in respect of the offence compounded. - 21. (tJ If the· Town• Pi!mner, after h61ding·a·.tocal enquiry or upon report Default frotn a·nyof its'· officers or otliar information' in' his posseSSion;·is·satisfied that powers of any amenity in relatian to• any hind in a devetopl)'lent area· has' not beeri' provided the Town in relation to that _land_ which in his opinion is to be provided, or that any Planner. dei7Btopl'nen't of'the land f6h1Vh!ch permisston has• been• obtained under .this Regulafi·on' h'as-not··been carried aot within· the specified •time; he·may, alter affording a reasonable opportunity to show cause, serve UP'" the owner•of.the land or upon the person providing or responsible for providing the amenity a notice requiring him·ro prO\/ide the amenity· or carry out the··development..within such time as inaybe·specified•in·the notice. - '• (2) If any amenit{ is not provided or any such · development is not' carried out within the time specified in the notice, then the Town Planner may himself provide the amenity or carry ouUhe· development or· have ###### it pfuilmed or carried• out throUgh such agency as he may deem· fit Provided that before taking any action under this sub-section, the Town Plltnner shall afford reasonable· epportuliity to the owner of the land or to· the person responsible for providing the amenity to show cause as to why such action should not be taken. (3) All expenses incurred· by the Town Planner or the agency employed by him in providing the amenity or carrying out the developments together with siinple interest ·at such rate nor exceeding fifteen per cent per annum as the Administrator may by order fix from· the date when a demand for the expanses is made until payment may be recovered by the Town Planner from the owner or· the person responsible for providing the amenity as arrears of land revenue. Mode of 22. Any money due to the Town Planner including interest on account of recovery fees, or charges, or from the disposal of properties movable or immovable, of money may, if the recovery thereof is not expressly provided for in any other provision due to of this Regulation be recovered by the Town P;anner as arrears of land revenue. Town Planner. 23. ( 1) All notices, orders and other documents required by this Regula- tion or any rule made thereunder to be sarved upon any person shall, save as Servleeot otherwise provided in this Regulation or such rule. be deemed to be duly **notices,** ###### served- etc. (a) where the parson to be served is a company, if the document is addre· ssed to the Secretary of the company at its registered office or at its principal office or place of business and is either- ###### ...... .• ···'· - - ........ ... ... _j.,, ...... ----- 8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE. DECEMBER 19, 1994 (i) sent by registered post, or :·i # -·---- (ii) delivered at the registered office or at the principal office or place of business of the company ; (b) where the person to be served is a partnership firm, if the document is addressed to the firm al.its principal place of business, identifying i1 by the aame or style under which its business is carried on, and is either- ( I) sent by registered post, or (ii) delivered at the said place of business ; (c) where the person to be served is a public body, corporation society or other body, if the document is addressed to the secretary, treasurer or other officer incharge of that body, corporation or society at its principal office, and is either- (i) sent by registered post, or (ii) delivered at that office ; (d) in any othsr case, if the document is addressed to the person to be'· served and- ., (i) is given or tendered to him, or ###### (li) if such person cannot be found, is affixed on some conspicuous ; part of his last known place of residence or business, cr is given or tendered to some adult member of his family or is affixed on. some conspicuous part of the land or building to which it relates, or (iii) is sent by registered post to that person. I' , ' _:._ (2) Any docume.1t which is required or au:t.horlsed tO. be ser.ved· on~.·l the ownsr or occupier ot any land or building may be. addressed "the noif · · - .. ' o.wner•~ or "the occupleru, as .the.case may be, of:- that land or bu.Jidlng · :·:~'··"''' .. (narning that land.or building) ·.vithout any further name - r descriptlol'l.·· and shall be deemed to be duly served-· (a)· if the document sc addressed is sent or deliver84. in acc~rdance­ wlth clause (d) of sub-section (1); or. (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land .or building or, where there is no person on the land or building to whom it can be delivered, is· affixed to some conspicl.'ous part of 1he land or building. ###### (S) Wl\ere a document Is served on a partnership firm In secor- dane with this section the document shall be deemaEI1to be served·on eacn· partner. (4)" For the purpose of enabling any document to be served· on the owner of any property, the Town Planner may by notice In writing.· require the occupier, if any, of the property to state the name and address of the ower thereof. (5) Where the psrson on whom a document is to be served Is a, minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. (6) A servant is net a merr>ber of the family within the meaniog of- this section. Public nollce . ###### how to be 24. Every public notice given under this Regulation shall be in writing made knOWR. over the signature of the Town Planner "nd shall be widely made known i" the locality to be affected thereby by affoxing copies thereof in conspicu-· · ous public places within the said locality _or_ by advertisement in local newspapers or by any other means as the Town Planner may think fit. ###### Notices. ale. 1e fix reaso- 25. Where any notice, order or other document issued or made under· nable time. this Regulation or any rule made thereunder requires anything to be done for the coing of which no·time is fixed in this Regulation _or_ the rule, the notice, order or other document shall specify a reasonable tiine for doing the same. Authentica- tion of orders 26_ All permissions, orders, decisions, not!ces and other documents. and docu- of the Town Planner shall be authenticated by his signature or any other ###### ments. officer authorised by him in this behalf. 27. No court inferior t J that of a -.Judicial Magistrate of the first· Jurisdicaioa ###### of eou,.s. cia;". shall try an cffence punishable under this Regulation. ----- 28. No proeeculion for any offence punishable u11der this Regulation Sanction of shall be in>litut~d except with the previous sanction of lhe Administrator or prosecution. any officer authorised by him In this b~half. ###### 2 of 29. Nolwithstandlng a'ythl:lg c::m~alne:lln sactioA 29 of th'3 COde of Magistrate's 1974. Criminal..!'rocedure. 1973. it shall be lawtul for any court of the Judicial power to im- Maglstrale of >h!l firSt class to pass any sentence authorised by·this Regulation pose anhanc- ln excess of ih pow•rs under th., said section. ed penalties. 30. No ~uit. or""ecution or olher legal proceeding shalf lie against any Protection of person for anything wnich is in good faith dona or Intended 1• be dana under act•on taken in this Regulation 01 any rule made thereunder. good faith. ###### 31. Th9 Administralor may, by notiflo•tion in !he Official Gazette, Delegation of delegate to any offic.r'1'• authority subordinate to him any· of the powers powers. conferred on him or any officer subordinate to him bv t<lls R•gulatiort, other than .the power to make rules, to be exercisa!>le, subje~t to such restriclions ; and conditions as may ba specified in the nosilication. 32 (1) No suh .~hell be instituted against the AdminlsSrator or the Notice to be Town Plann.er. or any of the ~flicers or other . employees or any parson acting given of suits. under the directions Cif the Administrator or the Town Planner In respect of any act done or purporting to have been dona In pursuance of this Regulation or any rule made thereunder until the expiration of two months after notice In Writing ha$ been delivered to, or left at the office or place of abode of tha parson ta be sued and unless such notice state• explicitly the cause of . actilln, the nature of relief •ougllt, the amount of comoansation claimed and t.he name and place Of residence of the intending plaintiff and unless. the . plaint contains a statellll!lnt that such notice lias been sa lafl or delivered. _i '_ - ' ' i .. . (2) No suit sucll as is described in sub-section (1) shall unless 11· iS' a · .. ,,· suit for recovery of immov•bie property or for a declaration of title thereto, - be· Instituted aflar.tha expiry of six months from the dale en which the cause :·.ofaction elise~;. - - I) . (3) Nothing contafned in sub-section (1) shall, be deemed to apply to - suit in which the only retief claimed Is an injunclion ·of which the oojact would l:!e defeated by the giving of the notice or the peslponemanl of the Institution of the suit. . ' .. [33. ] [Nolhing ][in ][this Ragulallon shall aoply ][e.-] Saviags • (a) .lheca"ylng out of works far the maintenance, improvement or .,,her· aliariltion of any building. b9ing works which affect only the Interior of the building or which do not materially affect the external appearance of the building; (b) the carrying out by any local authority Of by any department ###### el Governmer. t of eny works for the purpose of lnspectl11g, f!lpairlng or renewing any drains, sewers mains, pipes, cables or other apparatue including the breaking open of any street or other 'land for that purpose; (c) the erection of a building. n•t baing a dwelling house, if such building is requirad for· tha purposes subservient to agriculture; (d) the erection of a place of warship or a tomb or cenotaph or a wall enclosing a graveyard, olaca of worship, cenotaph or samadhi on land wllieh at the commancemant of this Regulation is occupiecl by or for the purp- of such worship. tomb. cenotaph, grav!lyard or samadhi; (a) the excavations (including walls) made in the ordinary course of agriculture operations; and , (f) the construction of unmetallad road intended to give access ###### to land solely for agricultural purposes. 34. (1) The Administrator.may, by notification in the Official Gazene, make rules to carry out the provisions of this Regulation. Power to make rules. (2) In particular. and without Prejudice to the generality of the fore- going power. such rules may provide for all er any of the following matters, namely:- ( a) the form and manner of Inviting objections and suggestions **on draft m..ter plen under aub-eeation (1) of ..ation** **7:** (b) the manner of publication of notice under sub-section· (2) ot section 8; (c) the form and mannar of iiiViting objections and suggestions on modiflcatoon of master plan under sub,section (3) of tleeliOJ).9;; ; _:_ ' ----- ###### 10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZffiE. DECEMBER 19, 1984 (d) the manner of publication of moc!lficallons of master plan ###### uadar ouH&ction (4) of ..ction 9; (e) the terms and conditions ui>t;n which Iancia or buildlnp may be used under cection 10; (f) the form and contenta ef application ander aub-section (1) ###### of section 12; (g) the fee payable under sub-section (2) of section 12; ###### (h) the manner <>f communication of rsfusal to >oranl permiaion under sub-section (4) of section 12; (i) the form in which register e.t eppliliiltioil for permission shall ###### be maintained und• sub-section (6) Of section 12; (j) the manner In which applicaliilll for P8rr!II$SioD . Is kl . be ###### deell with and the perticillara 10 be centairi8i:l In, lind the iBe j:iayable for inspection. of the register under sub·$11Clion (7) of section 12; (k) the forin In which arid the fiie pa\flibl~ iii rilspGCI Of IPPfilll ###### ender sub-section (2) of sactien ;s; . . (I). any other maHer whioli is required. to be. _Oi_ lllily be prescribed. ###### ss. Every rule made ilndei this Regulation Slillll be liid, as nen • Laying of ###### lfl8r it Is made. before each House af Perlilimeilt while h w In . silssiilli. foi a ·rules before total peilod of thirty days which may be comprised · In one s..Sion ot 1111 two Parliament. or l'f\Ore successive sessions, and if, before Ilia expiry of lhe ~ion lmmedia- laly foOawing the session or the auccliSiive si!SSioila . ilforeilaid, . both Hqusas ###### agres In m~king any madification in thil rule. or bOtli Hillisas agree that lila rule should !!Ot be made, I he rule shall, tbareenef. havtt effect only 1.11 6iich modified form ar be of no effect as lhe oase may be; eo. hoWever, thll any ###### such modification. or .annulment shall ba without prejudice 10 the validity of 8ilylhing previously done under lhlit iule. SHANKER DAYAL SHARMA. ###### l'realdani. K. L MOHANPURIA. ###### Sicy. to Ute Giovt. ef India • • -----

23-May-1986

29

The Environment (Protection) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/19004/1/epa_1986.pdf

Andaman and Nicobar Islands

# THE ENVIRONMENT (PROTECTION) ACT, 1986 _______________ # ARRANGEMENT OF SECTIONS _______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT 3. Power of Central Government to take measures to protect and improve environment. 4. Appointment of officers and their powers and functions. 5. Power to give directions. 6. Rules to regulate environmental pollution. CHAPTER III PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION 7. Persons carrying on industry, operations, etc., not to allow emission or discharge of environmental pollutants in excess of the standards. 8. Persons handling hazardous substances to comply with procedural safeguards. 9. Furnishing of information to authorities and agencies in certain cases. 10. Powers of entry and inspection. 11. Power to take sample and procedure to be followed in connection therewith. 12. Environmental laboratories. 13. Government Analysts. 14. Reports of Government Analysts. 15. Penalty for contravention of the provisions of the Act and the rules, orders and directions. 16. Offences by companies. 17. Offences by Government Departments. CHAPTER IV MISCELLANEOUS 18. Protection of action taken in good faith. 19. Cognizance of offences. 20. Information, reports or returns. 21. Members, officers and employees of the authority constituted under Section 3 to be public servants. 22. Bar of jurisdiction. 23. Power to delegate. 24. Effect of other laws. 25. Power to make rules. 26. Rules made under this Act to be laid before Parliament. 1 ----- # THE ENVIRONMENT (PROTECTION) ACT, 1986 # ACT NO. 29 OF 1986 [23rd May, 1986.] # An Act to provide for the protection and improvement of environment and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Environment** (Protection) Act, 1986. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; (b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) “environmental pollution” means the presence in the environment of any environmental pollutant; (d) “handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment; (f) “occupier”, in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance; (g) “prescribed” means prescribed by rules made under this Act. 1. 19th November, 1986, vide notification No. G.S.R. 1198(E), dated 12th November, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT **3.** **Power** **of** **Central** **Government** **to** **take** **measures** **to** **protect** **and** **improve** **environment.—(1) Subject to the provisions of this Act, the Central Government shall have the power to** take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:— (i) co-ordination of actions by the State Governments, officers and other authorities— (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. 3 ----- (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. **4. Appointment of officers and their powers and functions.—(1) Without prejudice to the** provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority or officer. **5. Power to give directions.—Notwithstanding anything contained in any other law but subject to the** provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. _Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions_ under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service. **6. Rules to regulate environmental pollution.—(1) The Central Government may, by notification in** the Official Gazette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. CHAPTER III PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION **7. Persons carrying on industry, operation, etc., not to allow emission or discharge of** **environmental pollutants in excess of the standards.—No person carrying on any industry, operation** or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess or such standards as may be prescribed. **8. Persons handling hazardous substances to comply with procedural safeguards.—No person** shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed. 4 ----- **9. Furnishing of information to authorities and agencies in certain cases.—(1) Where the** discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith— (a) intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed. (2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. (3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand. **10. Powers of entry and inspection.—(1) Subject to the provisions of this section, any person** empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution. (2) Every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person wilfully delays or obstructs any person empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act. (4) the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as the case may be, under the corresponding provision of the said law. **11. Power to take sample and procedure to be followed in connection therewith.—(1) The** Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. 5 ----- (2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall,— (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier or his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12. (4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,— (a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers. **12. Environmental laboratories.—(1) The Central Government may, by notification in the Official** Gazette,— (a) establish one or more environmental laboratories; (b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act. (2) The Central Government may, by notification in the Official Gazette, make rules specifying— (a) the functions of the environmental laboratory; (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. **13. Government Analysts.—The Central Government may, by notification in the Official Gazette,** appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12. **14. Reports of Government Analysts.—Any document purporting to be a report signed by a** Government Analyst may be used as evidence of the facts stated therein in any proceeding under this Act. 6 ----- **15. Penalty for contravention of the provisions of the Act and the rules, orders and** **directions.—(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the** rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years. **16. Offences by companies.—(1) Where any offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **17. Offences by Government Departments.—(1) Where an offence under this Act has been** committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. CHAPTER IV MISCELLANEOUS **18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. 7 ----- **19. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by,— (a) the Central Government or any authority or officer authorised in this behalf by that Government; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid. **20. Information, reports or returns.—The Central Government may, in relation to its functions** under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so. **21. Members, officers and employees of the authority constituted under section 3 to be public** **servants.—All the members of the authority, constituted, if any, under section 3 and all officers and other** employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). **22. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in** respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. **23. Power to delegate.—Without prejudice to the provisions of sub-section (3) of section 3, the** Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority. **24. Effect of other laws.—(1) Subject to the provisions of sub-section (2), the provisions of this Act** and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. **25. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; 8 ----- (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed. **26. Rules made under this Act to be laid before Parliament.—Every rule made under this Act** shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 9 -----

3-May-1973

3

The Andaman and Nicobar Islands Cooperative Socities Regulation 1973

https://www.indiacode.nic.in/bitstream/123456789/18982/1/coop_rules_regulation_final.pdf

Andaman and Nicobar Islands

``` TTHHEE AANNDDAAMMAANN && NNIICCOOBBAARR IISSLLAANNDDSS CCOO--OOPPEERRAATTIIVVEE SSOOCCIIEETTIIEESS RREEGGUULLAATTIIOONNSS,, 11997733 && TTHHEE AANNDDAAMMAANN && NNIICCOOBBAARR IISSLLAANNDDSS CCOO--OOPPEERRAATTIIVVEE SSOOCCIIEETTIIEESS RRUULLEESS,, 11997744 ``` ----- |I N D E X|Col2|Col3|Col4| |---|---|---|---| |Chapte PARTICULARS Page r No. No.|||| |REGULATIONS, 1973|||| |I. Preliminary ... 2|||| |II Registration of Co-operative Societies ... 3|||| |III Members of Co-operative Societies and their Rights ... 9 and Liabilities|||| |IV Management of Co-operative Societies ... 11|||| |V Privileges of Co-operative Societies ... 14|||| |VI Properties and Funds of Co-operative Societies ... 19|||| |VII Audit, Inquiry, Inspection & Surcharge ... 20|||| |VIII Settlement of Disputes ... 23|||| |IX Winding-up of Co-operative Societies ... 25|||| |IX A Special Provisions For Insured CO-operative Banks ... 28|||| |X Execution of Awards, Decrees, Orders and ... 29 Decisions|||| |XI Appeals and Revision ... 31|||| |XII Offences and Penalties ... 33|||| |XIII Miscellaneous ... 34|||| |RULES, 1974 ...|||| |I Preliminary ... 41|||| |II Registration of Co-operative Societies & their Bye- ... 43 laws, Application for Registration|||| |III|Members of Co-operative Societies, their Rights and Liabilities|...|50| ----- |IV General Meeting ... 52|Col2|Col3|Col4| |---|---|---|---| |V Working of Co-operative Societies ... 54|||| |VI Audit, Inspection, Inquiry & Surcharge ... 58|||| |VII Settlement of Disputes ... 64|||| |VIII Winding-up and cancellation ... 66|||| |IX Execution of Awards, Decrees, Orders and ... 68 Decisions|||| |X|Miscellaneous|...|81| |APPENDIX|Col2|Col3|Col4| |---|---|---|---| |A Application for Registration of Co-operative Societies ... 85 See Rule 37|||| |B See Rule 8 ... 86|||| |C Notice under Rule 13 (1) ... 88|||| |D Notice under Rule 13 (3) ... 89|||| |E See Rule 16 (3) ... 90|||| |F See Rule 27 ... 91|||| |G See Rule 46(1) Form of Declaration ... 96|||| |H See Rule 46 (2) Register of Declaration made under ... 97 Section 32|||| |I See Rule 83 Form for Award ... 98|||| |J See Rule Form of liquidation order ... 99|||| |Notification (Amendment) dated 20.05.1977 ... 100|||| |K Form of Agreement ... 100|||| |L|Register to be maintained by Employer / Pay|...|101| ----- |disbursing Officer under section 39 (4) of the Andaman and Nicobar Islands Co-operative Societies Regulation 1973 (No. 3 of 1973)|Col2|Col3|Col4| |---|---|---|---| ||Notification dated 02.06.2010 (Powers conferred on the RCS under Section 3(2) of the Andaman and Nicobar Co-operative Societies Regulation, 1973by superseding all previous orders.||103| ----- ## ANDAMAN AND NICOBAR GAZETTE #### EXTRAORDINARY ###### Published BY Authority ###### No. 39, Port Blair, Thursday, May, 1973 / Vaisakha 13, 1895 ###### ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT ------ NOTIFICATION --------- Port Blair, the 3[rd] May, 1973 / Vaisakha 13, 1895 No. 44/73/1/1(135)/73.Dev.(II)- The following Regulation promulgated by the President under Article 240 of the constitution and published in the Gazette of India Extraordinary Part II Section I, dated the 28[th] February, 1973 is hereby republished below for general information. BY order, K.K. WARRIAR, Assistant Secretary (Dev,). ------- ###### THE ANDAMAN AND NICOBAR ISLANDS CO-OPERATIVE SOCIETIES REGULATION, 1973 No. 3 of 1973 Promulgated by the President in the twenty-fourth Year of the Republic of India. A Regulation to consolidate and amend the law relating to co-operative societies in the Union Territory of the Andaman and Nicobar Islands. In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him: ----- ###### CHAPTER –I PRELIMINARY 1. Short title, extent and commencement:- (1) This Regulation may be called the Andaman and Nicobar Islands Co-operative Societies Regulation,1973. (2) It extends to the whole of the Union territory of the Andaman and Nicobar Islands. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. _2. Definitions:- In this Regulation, unless the context otherwise require._ a. “bye-laws” means the registered bye, laws for the time being in force and includes registered amendments of such bye-laws; b. “Chief Commissioner” means the Chief Commissioner of the Union territory of the Andaman and Nicobar Islands; c. “committee” means the governing body of a co-operative society, by whatever name called, to which the management of the affairs of the society is entrusted; d. “co-operative society” means a society registered or deemed to be registered under this Regulation; e. “co-operative society with limited liability” means a co-operative society in which the liability of its members, for the debts of the society in the event of its being wound up, is limited by its bye-laws (i) to the amount, if any, unpaid on the shares respectively held by them; or (ii) to such amount as they may, respectively, undertake to contribute to the assets of the society: f. “co-operative society with unlimited liability” means a co-operative society, the members of which are, in the event of its being wound up. Jointly and severally liable for and in respect of all its obligations and to contribute to any deficit in the assets of the society: g. “credit agency” means a co-operative society which has as its principal object the lending of money to other co-operative societies and includes(i) a banking company as defined in section 5 of the Banking Regulation Act. 1940: 10 of 1940. (ii) the state Bank of India constituted under section 3 of the State Bank of India Act.1955:23 of 1955. (iii) a subsidiary bank as defined in section 2 of the State Banking India (Subsidiary Banks) Act 1959:38 of 1959. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (iv) the Agricultural Refinance Corporation established under section 3 of the Agricultural Refinance Corporation Act.1963: 10 of 1963.and (v) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and transfer of Undertakings) Act, 1970:5 of 1970 h. “Government “means the Central Government; i. “member” means a person joining in the application for the registration of a co-operative society and a person admitted to membership after such registration accordance with this Regulation, the rules and the bye-laws, and includes a nominal or an associate member and the Government when it subscribes to the share capital of a society; j. “nominal or associate member “ means a member who possesses only such privileges and rights of a member and who is subject only to such liabilities of a member as may be specified in the bye-laws; k. “officer” includes a president, vice-president, chairman, vice chairman, managing director, secretary, manager, member of a committee, treasurer, liquidator, administrator and any other person empowered under the rules or bye-laws to give directions in regard to the business of a co-operative society; l. “Official Gazette” means the Andaman and Nicobar Gazette; m. “prescribed” means prescribed by rules made under this Regulation; n. “producers society” means a society formed with the object of producing and disposing of goods and commodities as a collective property of its members, and includes a society formed with the object of the collective disposal of the labour of its members; o. “Registrar” means a person appointed to perform the duties of a Registrar of Co-operative Societies under the Regulation, and includes any person appointed to assist the Registrar when exercising a or any of the powers of the Registrar under sub-section (2) of section 3; p. “rules” means the rules made under this Regulation; q. “Union territory” means the Union territory of the Andaman and Nicobar Islands. ###### CHAPTER II REGISTRATION OF CO-OPERATIVE SOCIETIES _3._ **_Registrar-_** (1) The Chief Commissioner may appoint a person to be the Registrar of Co-operative Societies for the Union territory and may appoint other persons to assist him. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) The Chief Commissioner may, by general or special order, confer on any person appointed to assist the Registrar all or any of the powers of the Registrar under this Regulation. (3) Every person appointed to assist the Registrar shall exercise the powers conferred on him under sub-section (2), subject to the general superintendence direction and control of the Registrar. 4. Societies which may be registered :-(1) Subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with co-operative principles, or a society established with the object of facilitating the operations of such a society, may be registered under this Regulation with or without limited liability: Provided that, unless the Chief Commissioner by general or special order otherwise directs, the liability of the society of which a co-operative society is a member shall be limited. (2) Whether the liability of the members of any co-operative society is limited or unlimited by shares, the liability of the Government or of a credit agency which has taken shares in such co-operative society, shall be limited to the share capital subscribed by the Government or such credit agency as the case may be. (3) The word “limited” or its equivalent in any Indian language shall be suffixed to the name of every society registered under this Regulation with limited liability. 5. **_Restrictions on registration:- No society, other than a society of which a_** member is a co-operative society, shall he registered under this Regulation unless it consists of at least ten persons (each of such persons being a member of a different family), above the age of eighteen years and residing in the area of operation of the society. **_Explanation:- For the purposes of this section, the expression “member of_** a family” means wife, husband, father, mother, grandfather, grandmother, stepfather, step-mother, son, unmarried daughter, unmarried step daughter, stepson, grandson, unmarried grand-daughter, unmarried sister, unmarried half – sister, brother, half-brother and wife of brother or half –brother. 6. Restriction on holding of shares:- No member, other than the Government or a co-operative society, shall hold more than such portion of the share capital of a co-operative society, subject to a maximum of one-fifth, as may be prescribed or have or claim any interest in the shares of such society exceeding ten thousand rupees. 7. Application for registration: - (1) For the purposes of registration of a cooperative society under this Regulation, an application shall be made to the Registrar in the prescribed form. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 2) The application shall be signed: a) in the case of a society of which no member is a co-operative society, by at least ten persons qualified in accordance with the requirements of section 5: and. b) in the case of a society of which a member is a co-operative society, by a duly authorized person on behalf of every such co-operative society and where all the members of the society are not co-operative societies, by ten other members, or when there are less than ten other members, by all of them. 3) The application shall be accompanied by a copy of the proposed bye-laws of the society and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Registrar may require. 8. Registration:- (1) If the Registrar is satisfied a. that the application complies with the provisions of this Regulation and the rules; b. that the objects of the proposed society are in accordance with section 4; c. that the proposed bye-laws are not contrary to the provisions of this Regulation and the rules; and d. that the proposed society has reasonable chances of success, the Registrar may register the society and its bye-laws 2) When the Registrar refuses to register a society, he shall communicate the order of refusal together with the reason therefore, to such of the applicants as may be prescribed. 3) The application for registration shall be disposed of by the Registrar within a period of 3 months from the date of receipt thereof by him. 4) Where the Registrar fails to dispose-off an application for registration within the period specified in sub-section (3), he shall be deemed to have refused to register the society and nothing in sub sections (2) shall apply to such refusal. 9. Registration Certificate:- Where a society is registered under this Regulation the Registrar shall issue a certificated of registration signed by him, which shall be conclusive evidence that the co-operative society therein mentioned is duly registered under this Regulation, unless it is proved that the registration of the society has been cancelled. 10. Amendment of bye-laws of co-operative society:- 1) No amendment of any bye-laws of a co-operative society shall be valid until the same has been registered under this Regulation. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 2) Every proposal for such amendment shall be forwarded to the Registrar in the prescribed manner and if the Registrar is satisfied that the proposed amendment: (i) is not contrary to this Regulation or to the rules: (ii) does not conflict with co-operative principles; and (iii) will promote the economic interests of the members of the society, he may register the amendment; Provided that not order refusing to register the amendment of bye-laws shall be passed except after giving the co-operative society an opportunity of making its representation. 3) The Registrar shall forward to the co-operative society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered, 4) Where the Registrar refuses to register an amendment of the bye-laws of a co-operative society, he shall communicate the order of refusal together with the reasons therefore, to the society in the prescribed manner. 5) An amendment of the bye-laws of a registered society shall take effect from the date, if any, specified in the amendment and where no such date is specified, the amendment shall take effect from the date on which it is registered. 6)(i) Where the Registrar is satisfied that for the purpose of altering the area of operation of a co-operative society or for the purpose of improving the services rendered by it or for any other purpose specified in the rules, an amendment of the bye-laws is necessary, he may after consulting, in the prescribed manner, the credit agency, if any, to which the society is affiliated, by notice in writing, call upon the society to show cause, within such time as may be specified in the notice, why the amendment should not be made. (ii) If within the time specified in the notice referred to in clause (i), the co operative society fails to make the amendment, the Registrar may, after giving the society an opportunity of making its representations, register the amendment and issue to the society a copy of such amendment. (iii) Any amendment of the bye-laws registered under clause (ii) shall have the same effect as an amendment of the bye-laws registered under sub-section (2) unless the registration is cancelled in pursuance of a decision in appeal. 11. Change of names:- (1) A co-operative society may, by an amendment of its bye-laws, change its name but such change shall not affect any right or obligation of the society or of any of members or past members and any legal proceedings which might have been continued or commenced by or against the society by its former name may be continued or commenced by its new name. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) Where a co-operative society change its name, the Registrar shall enter the new name on the register of co-operative societies in place of the former name and shall amend the certified or registration accordingly. 12. Change of liability :- (1) Subject to the provision of this Regulation and the rules, a co-operative society may, by an amendment of its bye-laws, change the form or extent of its liability. (2) When a co-operative society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and, notwithstanding any bye-laws or contract to the contrary, any member or creditor shall, during a period of one month from the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be. (3) Any member or creditor who does not exercise his option within the period specified in sub-section (2) shall be deemed to have assented to the change. (4) An amendment of a bye-law of a co-operative society changing the form or extent of its liability shall not be registered or shall not take effect until either (a) all the members and creditors have assented, or deemed to have assented, to the change: or (b) all claims of the members and creditors who exercise the option referred to in sub-section (2) within the period specified therein have been met in full or otherwise satisfied. 13) **_Amalgamation, transfer of assets and liabilities and division of co-_** **_operative societies:-_** (1) A co-operative society may, with the previous approval of the Registrar and by a resolution passed by a two thirds majority of the members present and voting at the general meeting of the society:(a) transfer its assets and liabilities in whole or in part to any other co operative society ; (b) divide itself into two or more co-operative societies; (2) Any two or more co-operative societies may, with the previous approval of the Registrar and by a resolution passed by a two thirds majority of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new co-operative society. (3) The resolution of a co-operative society under sub-section (1) or sub-section (2) shall contain all particulars of the transfer, division or amalgamation, as the case may be. (4) When a co-operative society has passed any such resolution, it shall give notice thereof in writing to all its members and creditors and notwithstanding any bye-laws or contract to the contrary, any member or creditor shall, during the period of one month of the date or service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (5) Any member or creditor who does not exercise his option within the period specified in sub-section (4) shall be deemed to have assented to the proposals contained in the resolution. (6) A resolution passed by a co-operative society under this section shall not take effect, until either (a) all the members and creditors have assented, or are deemed to have assented, to the resolution aforesaid; or (b) all claims of the members and creditors who exercise the option referred to in sub-section (4) within the period specified therein have been met in full or otherwise satisfied. (7) Where a resolution passed by a co-operative society under this section involved the transfer of any assets and liabilities, the resolution shall, not withstanding anything contained in any law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance. 14) **Cancellation of registration certificates of co-operative societies in** **certain cases:- (1) Where the whole of the assets and liabilities of a co-operative** society are transferred to another co-operative society in accordance with the provisions of section 13, the registration of the first-mentioned co-operative society shall stand cancelled and that co-operative society shall be deemed to have been dissolved and shall cease to exist as a corporate body. (2) Where two or more co-operative societies are amalgamated into a new cooperative society in accordance with the provisions of section 13, the registration of each of the amalgamating societies shall stand cancelled on the registration of the new society and each society shall be deemed to have dissolved and shall cease to exist as a corporate body. (3) Where a co-operative society divides itself into two or more co-operative societies in accordance with the provisions of section 13, the registration of that society shall stand cancelled on the registration of the new societies and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body. (4) The amalgamation and splitting of co-operative societies shall not in any manner whatsoever affect and right or obligation of the resulting co-operative society or societies or render defective any legal proceedings by or against the cooperative society or societies, and any legal proceedings that might have been continued or commenced by or against the co-operative society or societies, as the case may be, before the amalgamation or splitting, may be continued or commenced by or against the resulting co-operative society or societies. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- ###### CHAPTER III MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES **15. (1)** **_Person who may become members:- No person shall be admitted as a_** member of a co-operative society except the following, namely: (a) an individual competent to contract under section II of the Indian Contract Act, 1872; 9 of 1872. (b) any other co-operative society; (c) the Government ; and (d) such class or classes of persons or associations of persons as may be notified by the Chief Commissioner in this behalf. (2) Notwithstanding anything contained in sub-section (1); the Chief Commissioner may, having regard to the fact that the interest of any person or class of person conflicts or is likely to conflict with the objects of any society or class of societies, by general or special order, published in the Official Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified society or class of societies, so long as such persons is or are engaged in or carrying on that profession business or employment, as the case may be. 16.(1) Nominal or associate members:- Notwithstanding anything contained in section 15, a co-operative society may admit any person [including any bank referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii) or sub-clause (v) of clause (g) of section 2] as a nominal or associate member in accordance with its bye-laws. (2) A nominal or associate member shall not be entitled to any share in any form whatsoever in the assets or profits of the co-operative society. (3) Save as otherwise provided in this section, a nominal or associate member shall have such privileges and rights of a member and be subject to such liabilities of a member, as may be specified in the bye-laws of the co-operative society. 17. Member not to exercise rights till due payment made:- No member of a co-operative society shall exercise the rights of a member unless he has made such payments to the society in respect of membership or has acquired such interest in the society as may be specified in the bye-laws. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 18. **Votes of members:- Every member of a co-operative society shall have** **only one vote in the affairs of the society:** Provided that (a) in the case of an equality of votes, the chairman shall have a second or casting vote. (b) a nominal or associate member shall not have the right of vote; and (c) where the Government is a member of the co-operative society, such person nominated by the Chief Commissioner on the committee shall have one vote. 19. Manner of exercising vote:- (1) Every member of a co-operative society shall exercise his vote in person and no member shall be permitted to vote by proxy. (2) Notwithstanding anything contained in sub section (1), a co-operative society which is a member of another co-operative society, may subject to the rules, appoint one of its member to vote on its behalf in the affairs of that other society; 20. Restriction on transfer of shares or interest: - The transfer of the share or interest of a member in the capital of a co-operative society shall be subject to such conditions as to maximum holding as are specified in section 6. 21. Transfer of interest on death of member:- On the death of member, a cooperative society may transfer the share or interest of the deceased member to the person so nominated in accordance with the rules made in this behalf, or if, there is no person so nominated, to such person as may appear to the committee to be the heir on legal representative of the deceased member, or pay to such nominee, heir of legal representative, as the case may be, a sum representing the value of such member’s share or interest as ascertained in accordance with the rules or bye-laws: Provided that (i) in the case of a co-operative society with unlimited liability, such nominee, heir or legal representative, as the case may be, may require payment by the society of the value of the share or interest of the deceased member ascertained as aforesaid; (ii) in the case of a co-operative society with limited liability, the society shall transfer the share or interest of the deceased member to such nominee, heir or legal representative, as the case may be, being qualified in accordance with rules and bye-laws for membership of the society, or on his application within one month of the death of the deceased member to any person specified in the application who is so qualified; and (iii) no such transfer or payment shall be made except with the consent of the nominee, heir or legal representative, as the case may be. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) A co-operative society shall subject to the provisions of section 31 and unless, within six months of the death of the member prevented by an order of a competent court, pay such nominee heir or legal representative, as the case may be, all other moneys due to the deceased member from the society. (3) All transfers and payments made by a co-operative society in accordance with the provisions of this section be valid and effectual against any demand made upon the society by any other person. 22. Liability of past member and estate of deceased member:- (1) Subject to the provisions of sub-section (2) the liability of a past member or the estate of a deceased member of a co-operative society for the debts of the society as they existed, (a) in the case of a past member, on the date on which he ceased to be a member; (b) in the case of a deceased member, on the date of his death, shall continue for a period of two years from such date; Provided that the liability of the Government or of a credit agency which has takes shares in a co-operative society shall cease on the date on which the Government or the credit agency ceases to be a member. (2) Where a co-operative society is ordered to be wound up under section 57, the liability of a past member who ceased to be a member or of the estate of a deceased member who died within two year immediately preceding the date of the order of winding up, shall continue until the entire liquidation proceedings are completed, but such liability shall extend only to the debts of the society as they existed on the date of cessation of membership or death, as the case may be. ###### CHAPTER IV MANAGEMENT OF CO-OPERATIVE SOCIETIES 23. Final authority in a co-operative society :- (1) The final authority in a cooperative society shall vest in the general body members: Provided that where the bye-laws of a co-operative society provide for the constitution of a smaller body consisting of delegates of members of the society elected or selected in accordance with such bye-laws, such smaller body shall exercise such powers of the general body as may be prescribed or as may be specified in the bye-laws of the society. (2) Notwithstanding anything contained in sub-section(2) of section19, each delegate shall have only one vote in the affairs of the society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **24. Annual general meeting :- A general meeting of a co-operative society shall** be held once in a year for the purpose of (a) approval of the programme of the activities of the society prepared by the committee for the ensuing year; (b) election, if any, of the members of the committee other than nominated members: (c) consideration of the audit report and the annual report; (d) disposal of the net profit: (e) consideration and approval of the annual budget ; and (f) consideration of any other matter which may be brought forward in accordance with the bye-laws. **25. Special general meeting:- (1) The committee of a co-operative society may,** at any time, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Registrar or from such number of members or a proportion of the total number of members, as may be provided in the bye-laws. (2) If a special general meeting of a co-operative society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorized by him in this behalf shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the committee. 26. Election and nomination of members of committees:- (1) The members of the committee of a co-operative society shall be elected in the prescribed manner and no person shall be so elected unless he is a shareholder of the society. (2) Notwithstanding anything contained in sub-section (1) (a) where the Government has subscribed to the share capital of a co operative society, the Chief Commissioner or any person authorized by the Chief Commissioner in this behalf shall have the right to nominate on the committee such number of persons not exceeding three or one-third of the total number of members thereof, whichever is less, as the Chief Commissioner or such authorized person may determine: (b) Where the industrial Finance Corporation established under section 3 of the industrial Finance Corporation Act, 1948(15 of 1948) or any credit agency has provided finance to a co-operative society, the said Industrial Finance Corporation, or such credit agency, as the case may be, shall have the right to nominate one person on the committee, (3) A person nominated under sub- section (2) shall hold office during the pleasure of the Chief Commissioner or the said Industrial Finance Corporation or such credit agency, as the case may be. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** 27. **_Super-session of committee:- (1) If, in the opinion of the Registrar, the_** committee of any co-operative society persistently makes default or it is negligent in the performance of the duties imposed on it by this Regulation or the rules or bye-laws, or commits any act which is prejudicial to the interest of the society or its members, the Registrar may, after giving committee an opportunity to state its objection, if any, by order in writing remove the committee; and (a) order fresh election of the committee ; or (b) appoint one or more administrators, who need not be members of the society, to manage the affairs of the society for such period not exceeding one year as may be specified in the order which period may at the discretion of the Registrar, be extended from time to time, so however, that the aggregate period does not exceed three years. (2) The Registrar may fix such remuneration for the administrator or administrators as he may think fit and such remuneration shall be paid out of the funds of the co-operative society. (3) The administrator shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the committee or of any officer of the society and take all such actions as may be required in the interest of the society. (4) The administrator shall, at the expiry of his term of office, arrange for the constitution of a new committee in accordance with the bye-laws of the society. (5) Before taking any action under sub-section (1) in respect of a co-operative society indebted to a credit agency, the Registrar shall consult the Credit agency, to which it is indebted regarding such action. **28. Securing possession of records etc:- (1) If:-** (a) in the opinion of the Registrar, the records (including registers and books of account) of a co-operative society are likely to be tampered with or destroyed or the funds or other property of a co-operative society are likely to be misappropriated or misapplied; (b) the committee of a co-operative society is reconstituted at a general meeting of the society ; or (c) the committee of a co-operative society is removed by the Registrar under section 27; or (d) a co-operative society is ordered to be wound up under section 57 and the outgoing members of the committee thereof refuse to hand over charge of the records and property of the society to those having, or entitled to receive, such charge, the Registrar may apply to the Magistrate within whose jurisdiction the society functions for securing such records and property of the society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (2) On receipt of an application under sub-section (1), the Magistrate may, by a warrant, authorize any police officer, not below the rank of a sub-inspector to enter and search any place where such records and property are kept or are believed to be kept and to seize such records and property, and the records and property so seized shall be handed over to the new committee or administrator of the society or the liquidator, as the case may be. **29.** **_Acts of a co-operative societies not to be invalidated by certain_** **_defects:- No act of a co-operative society or of any committee or any officer of the_** society shall be deemed to be invalid by reason only of the existence of any defect in procedure or in the constitution of the society or of the committee or in the appointment or election of an officer or on the ground that such officer was disqualified for his office. ###### CHAPTER V PRIVILEGES OF CO-OPERATIVE SOCIETIES 30. **_Co-operative societies to be bodies corporate:-_** The registration of co-operative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to hold property, enter into contract, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted. 31. First charge of co-operative society on certain assets : (1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the Government in respect of land revenue or any money recoverable as land revenue, any debt or outstanding demand due to a co-operative society by any member or past member or deceased member shall be a first charge upon the crops and other agriculture produce, cattle, fodder for cattle, agricultural or industrial implements or machinery, raw materials for manufacture and any finished products manufactured from such raw material belonging to such member, past member or forming part of the estate of the deceased member, as the case may be. (2) No person shall transfer any property which is subject to a charge under sub-section (1) except with the previous permission in writing of the co-operative society which holds the charge. (3) Notwithstanding anything contained in any law for the time being in force, any transfer of property made in contravention of the provisions of sub-section (2) shall be void. (4) The charge created under sub-section(1) shall be available as against any claim of the Government arising from a loan granted under the land Improvement Loans Act, 1883, (19 of 1883)or the agriculturists loans act 1884, (12 of 1884) after the grant of the loan by the co-operative society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** 32. **_Charge on immovable property of members borrowing loans from_** **_certain societies:- Notwithstanding anything contained in this Regulation or in_** any other law for the time being in force (i) any person who makes an application to a society of which he is a member for a loan shall, if he own any land or has interest in any land as a tenant, make a declaration in the prescribed form which shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application and for all future advances, if any, required by him which the society may make to him as such member subject to such maximum as may be determined by the society together with interest on such amount of the loan and advances; (ii) any person who has borrowed a loan from a society of which he is a member before the commencement of this Regulation, and who owns any land or has any interest in any land as a tenant shall, in a case where such loans subsists immediately before such commencement, make a declaration in the form and to the effect referred to clause (i); (iii) a declaration made under clause (i) or clause 9ii) may be varied at any time by a member with the consent of the society in favour of which a charge referred to in clause (i) is created; (iv) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause (i) or clause (ii) until the whole amount borrowed by the member together with interest thereon is paid in full; Provided that for the purpose of paying in full the whole amount borrowed by the member together with interest thereon to the society, the member may, with the previous permission in writing of the society and subject to such conditions as the society may impose, alienate the whole or any part of such land or interest therein; Provided further that the standing crops on any such land may be alienated with the previous permission of the society; (v) any alienation made in contravention of the provision of clause (iv) shall be void; (vi) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (i) or clause (ii) for and to the extent of the dues owing by him on account of the loan and address; (vii) the record of rights shall also include the particulars of every charge on land or interest created under a declaration under clause (i) or clause(ii). **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** _Explanation:-_ For the purpose of this section, “society” means any co operative society or class of co-operative societies specified in this behalf by the Chief Commissioner by a general or special order. 33. **_Charge and set-off in respect of share or contribution or interest of the_** **_members:- A co-operative society shall have a charge on the share or contribution_** or interest in the capital and on the deposits of a member or past member or deceased member and on any dividend, bonus or profits payable to a member or past member or the estate of a deceased member in respect of any debt due from such member or past member or the estate of such deceased member to the society, and may set-off any sum credited or payable to a member or past member or the estate of a deceased member in or towards payment of any such debt. 34. Share or contribution or interest not liable to attachment: (1) Subject to the provisions of section 33, the share or contribution or interest of a member or past member or deceased member in the capital of a co-operative society shall not be liable to attachment or sale under any decree or order of any court in respect of any debt or liability incurred by such member, and an official assignee or a receiver under any law relating to insolvency shall not be entitled to or have any claim on such share or contribution or interest. (2) The reserve fund, or the bad debt reserves, or the provident fund of the employees, of a co-operative society invested by such society in accordance with the provision of this Regulation and the rules shall not be liable to attachment under any decree or order of a court in respect of any debt or liability incurred by the society . 35. Register of members:- Any register or list of members or shares kept by any co-operative society shall be _prima facie_ evidence of any of the following particulars entered therein, namely: (a) the date on which any person entered in such register or list became a member; (b) the date on which any such person ceased to be a member. 36. **_Admissibility of copy of entry as evidence :- A copy of any entry in a book_** of a co-operative society regularly kept in the course of its business, shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible. (2) No officer of a co-operative society and no officer in whose office the books of co-operative society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society’s books or documents the contents of which can be proved under this section, or **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** to appear as witness to prove the matter, transactions and accounts therein recorded, except under an order of a court or an arbitrator made for special cause. [ 37. **_Exemption from compulsory registration of instruments:-_** Nothing in clauses (b) and (c) of sub-section 17 of the Registration Act, 1908 (16 of 1908) shall apply to – (1) any instruments relating to shares in a co-operative society notwithstanding that the assets of the society consist in whole or in part of immovable property; or (2) any debenture issued by any such society and not creating declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property to except in so far as it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed, or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders or such debentures; or (3) an endorsement upon or transfer of any debentures issued by any such society. 38. Exemption from certain taxes, fees and duties:- If the Chief Commissioner is of opinion that it is necessary in the public interest so to do, he may, by notification in the Official Gazette: (a) remit in respect of any class of co-operative societies any fee payable under any law for the time being in force relating to the registration of documents or court-fees; (b) exempt any class of co-operative societies from payment of – (i) land revenue; (ii) taxes on agricultural income; (iii) taxes on sale or purchase of goods; or (iv) taxes on professions, trades, callings and employments, **39.** **_Deduction from salary to meet co-operative society’s claim in certain_** **_cases:- (1) Notwithstanding anything contained in any law for the time being in_** force a member of co-operative society may execute an agreement in such form as may be prescribed in favour of the society providing that his employer or the officer disbursing his salary or wages shall be competent to deduct every month from the salary or wages payable to him, such amount as may be specified in the agreement but not exceeding one-third of the salary or wages and to pay the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** [ (2) On the execution of such agreement, the employer or the officer disbursing the salary or wages of the members shall, if so required by the co-operative society by a requisition in writing and so long as the society does not intimate that the whole of such debt or other demand has been paid, make the deduction in accordance with the agreement and pay and the pay the amount so deducted to the society within fourteen days from the date of the deduction. (3) If after the receipt of requisition made under sub-section (2), the employer or the officer disbursing the salary or wages of the member at any time fails to deduct the amount specified in the requisition or makes default in remitting the amount deducted to the society, the society shall be entitled to recover any such amount from such employer or officer, as the case may be, as arrears of land revenue and the amount due from such employer or official shall rank in priority in respect of the liability of such employer or officer equal to that of the salary or wages in arrears. (4) The employer or the officer disbursing the salary or wages shall maintain such registers as may be prescribed by the Chief Commissioner or the Registrar from the time to time. (5) When a requisition in writing from any co-operative society registered or deemed to be registered in any State in respect of a member of that society who for the time being is employed in the Union Territory, is received by his employer, the requisition shall be acted upon as if it has been made by a co-operative society in the Union Territory. 40. **_Other forms of State aid to co-operative societies:-_** Notwithstanding anything contained in any law for the time being in force, the Government may: (a) subscribe to the share capital of a co-operative society; (b) give loans or make advances to a co-operative society; (c) guarantee the repayment of principal and payment of interest on debentures issued by a co-operative society; (d) guarantee the repayment of share capital of a co-operative society and dividends thereon at such rates as may be specified by the Government; (e) guarantee the repayment of principal and payment of interest on loans and advances to a co-operative society; and (f) give financial assistant in any other form, including grants and subsidies, to a co-operative society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** ###### CHAPTER VI PROPERTIES AND FUNDS OF CO-OPERATIVE SOCIETIES 41. Funds not to be divided by way of profit :- No part of the funds of a cooperative society shall be divided by way of bonus or dividend or otherwise among its members : Provided that payment may be made to a member for the work done by him as secretary or as clerk on such scale as may be prescribed by the bye-laws : Provided further that after at least one-fourth of the net profits in any year have been carried to a reserve fund, payments from the remainder of such profits and from any profits of past years available for distribution may be made – (a) as a bonus to a member for any specific service rendered by him to the co operative society including work done as secretary or as clerk ; and (b) among the members to such extent and under such conditions as may be prescribed or as may be specified in the bye-laws : Provided also that no dividend shall be paid on the paid-up share capital of members at a rate exceeding twelve percent per annum. 42. **_Contribution to charitable purpose :-_** Any co-operative society may, with the sanction of the Registrar, after one-fourth of the net profits in any year has been carried to a reserve fund, contribute an amount not exceeding five percent of the remaining net profits to any purpose connected with the development of cooperative movement or charitable purpose as defined in section 20 of the Charitable Endowments Act, 1890. (6 of 1890). 43. Contribution to Co-operative Education Fund :- A co-operative society shall out of its net profits in any year credit such portion of the profits not exceeding five per cent, as may be prescribed to the Co-operative Education Fund constituted under the rules. 44. **_Investments of funds_** _:- (1) A co-operative society may invest or deposit its_ funds (a) in the post office savings bank; or (b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (2 of 1882); or (c) in the shares or securities of any other co-operative society; or (d) in any banking company as defined in section 5 of the Banking Regulation Act, 1949 (10 of 1949), approved in this behalf by the Registrar; or (e) in any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); or **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (f) in any State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955) or in any subsidiary banks as defined in section 2 of the State Bank of India (Subsidiary Banks) Act 1959 (38 of 1959). (2) Every investment or deposit made by a co-operative society of its funds before the commencement of this Regulation which would have been valid if this Regulation had been in force at the time or times such investment or deposit was made, shall be deemed to have been made under this Regulation. 45. Restrictions on loans :- (1) A co-operative society shall not make a loan to any person other than a member: Provided that with the general or special sanction of the Registrar, a co operative society may make loans to another co-operative society. (2) Notwithstanding anything contained in sub-section (1), a co-operative society may make a loan to a depositor on the security of his deposit. 46. **_Restrictions on borrowing_** :- (1) A co-operative society shall receive deposits and loans only to such extent and under such conditions as may be prescribed or as may be specified in the bye-laws. 47. Restrictions on other transactions with non-members :- Save as otherwise provided in sections 45 and 46, every transaction of a co-operative society with any person, other than a member, shall be subject to such prohibitions and restrictions, if any, as may be prescribed. ###### CHAPTER VII AUDIT, INQUIRY, INSPECTION AND SURCHARGE _48._ **_Audit_** :- (1) The Registrar shall audit or cause to be audited by a person authorised by him by general or special order in writing in this behalf, the accounts or every co-operative society at-least once in each year. (2) The audit under sub-section (1) shall include an examination of overdue debts, if any, the verification of the cash balance and securities, and a valuation of the assets and liabilities of the co-operative society. (3) The person auditing the accounts of a co-operative society shall have free access to the books, accounts, papers, vouchers, stock and other property of the society and shall be allowed to verify its cash balance and securities. (4) The directors, members of the staff, administrators and other officers of every co-operative society shall furnish to the person auditing its accounts all such information as to its transactions and working as such person may require- **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (5) The Registrar or the person authorised by him under sub-section (1) to audit the accounts of a co-operative society shall have power, where necessary – (a) to summon at the time of his audit any officer, agent, servant or member of the society, past or present, who, he has reason to believe, can give valuable information in regard to transactions of the society or the management of its affairs ; and (b) to require the production of any book or document relating to the affairs of, or any cash or securities belonging to, the society by any officer, agent, servant or member of the society in possession of such books, documents, cash or securities and in the event of serious irregularities discovered during audit, to take them into custody. (6) If at the time of audit the accounts of a society are not complete, the Registrar or the person authorised by him under sub-section (1) to audit, may cause the accounts to be written up at the expense of the society. (7) Audit fee, if any, due from any co-operative society shall be recoverable in the same manner as is provided in section 67. 49. **_Inspection of co-operative societies_** :- (1) The Registrar, or any person authorised by the Registrar by general or special order in this behalf, may inspect a co-operative society. (2) For the purpose of inspection, the Registrar or the person authorised to make the inspection shall at all times have access to all books, accounts, papers, vouchers, securities, stock and other property of the co-operative society and may in the event of serious irregularities discovered during the inspection take them into custody and shall have power to verify the cash balance of the society and subject to the general or special order of the Registrar to call a meeting of the committee and a general meeting. (3) Every officer or member of a co-operative society shall furnish such information with regard to the working of the society as the Registrar or the person authorised to make the inspection may require. 50. **_Inquiry by Registrar_** :- (1) Registrar may, of his own motion or on the application of a majority of the members of the committee or of not less than onethird of the members, hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a co-operative society. (2) The Registrar or the person authorised by him under sub-section (1) shall have the following powers, namely (a) he shall at all reasonable times have free access to the books, documents, securities, accounts, cash and other properties belonging to or in the custody of the society and may summon any person in possession **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same at the headquarters of the society or any branch thereof; (b) he may, notwithstanding any rule or bye-law specifying the period of notice for a General meeting of the society, require the officers of the society to call a general meeting at such time and place at the headquarters of the society to consider such matters, as may be directed by him; and where the officers of the society refuse or fail to call such a meeting he shall have power to call it himself; (c) he may summon any person who is reasonably believed by him to have any knowledge of the affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath. (3) Any meeting called under clause(b) of sub-section (2) shall have all the powers of a general meeting called under the bye-laws of the society and its proceedings shall be regulated by such bye-laws. (4) The Registrar shall communicate the brief summary of the report of the inquiry to the society, the credit agency, if any, to which the society is affiliated, and to the persons or authority, if any, at whose instance the inquiry is made. 51. **_Inspection of books of indebted societies_** :- (1) The Registrar shall, on the application of a creditor of a co-operative society, inspect or direct some person authorised by him by order in writing in this behalf to inspect the books of the society. Provided that no such inspection shall be made unless the applicant: (a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and (b) deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar my require. (2) The Registrar shall communicate the result of any such inspection to the creditor. 52. **_Costs of inquiry and inspection :-Where an inquiry is held under_** section 50, or an inspection is made under section 51, the Registrar may apportion the costs, or such part of the costs as he may think fit between the society, the members or creditor demanding an inquiry or inspection, and the officers and the members or past members of the society. Provided that – (a) no order of appointment of the costs shall be made under this section unless the society or the person liable to pay the costs there-under has had a reasonable opportunity of being heard; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (b) the Registrar shall state in writing under his own hand the grounds on which the costs are apportioned. _53. Recovery of costs_ :- Any sum awarded by way of costs under section 52f may be recovered, on application to a Magistrate having jurisdiction in the place where the person, from whom the money is claimable, actually and voluntarily resides or carries on business, and such Magistrate shall recover the same as if it were a fine imposed by himself. _54._ **_Surcharge_** :- (1) If in the course of an audit, inquiry, inspection or the winding up of a co-operative society, it is found that any person, who is or was entrusted with the organisation or management of such society or who is or has at any time been an officer or an employee of the society, has made any payment contrary to this Regulation, the rules or the bye-laws or has caused any deficiency in the assets of the society by breach of trust or wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to such society, the Registrar may, of his own motion or on the application of the committee, liquidator or any creditor, inquire himself or direct any person authorised by him, by an order in writing in this behalf, to inquire into the conduct of such person: Provided that no such inquiry shall be held after the expiry of six years from the date of any act or omission referred to in this sub-section. (2)Where an inquiry is made under sub-section (1) the Registrar may after giving the person concerned an opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent, as the Registrar may consider just and equitable. ###### CHAPTER VIII SETTLEMENT OF DISPUTES **_55. Dispute which may be referred to arbitration_** :- (1) Not withstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co-operative society arises (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past members or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society or liquidator, past or present, or **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (c) between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co-operative society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society, such dispute shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute. (2) For the purposes of the sub-section (1), the following shall be deemed to include disputes touching the constitution, management or the business of a cooperative society, namely: (a) a claim by the society for any debt or demand due to it from a member, past member, or the nominee, heir or legal representative of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of any officer of the society. (3) If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. 56. **_Reference of disputes to arbitration_** :- (1) The Registrar may, on receipt of the reference of dispute under section 55 (a) decide the dispute himself, or (b) transfer it for disposal to any person who has been invested by the Chief Commissioner with powers in that behalf, or (c) subject to such rules as may be prescribed, refer it for disposal to an arbitrator or arbitrators appointed by the Registrar. (2) Subject to such rules as may be prescribed, the Registrar may withdraw any reference transferred under clause(b) of sub-section(1) or referred under clause (c) of that sub-section and decide it himself. (3) The Registrar may, of his own motion or on the application of a party to a reference, revise any decision thereon by the person to whom such reference was transferred or by the arbitrator or arbitration to whom it was referred; **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- Provided that no order prejudicial to any person shall be made under this sub-section unless that person has been given a reasonable opportunity of being heard. (4) (a) Any decision of the Registrar under clause (a) of sub-section (1) or under sub-section (3) shall be final and shall not be called in question in any court. (b) Any decision that may be made by the person to whom a reference is transferred or by the arbitrator or arbitration to whom it is referred, shall, save as otherwise provided in sub-section (3), be final and shall not be called in question in any court. ###### CHAPTER IX WINDING UP OF CO-OPERATIVE SOCIETIES 57. **_Winding up of co-operative societies :- (1) If the Registrar, after an inquiry_** held under section 50, or an inspection made under section 51, or on receipt of an application made by not less than three-fourth of the members of a cooperative society, is of opinion that the society ought to be wound up, he may after giving the society an opportunity of making its representation, by order, direct it to be wound up. (2) The Registrar may of his own motion make an order directing the winding up of a co-operative society (a) where it is a condition of the registration of a society that the society shall consist of at least ten members and the number of members has been reduced to less than ten; or (b) where the society has not commenced working or has ceased to function in accordance with co-operative principles. (3) The Registrar may cancel an order for the winding up of a co-operative society, at any time, in any case where, in his opinion, the society should continue to exist. (4) A copy of such order shall be communicated by registered post to the society and to the credit agency, if any, of which the society is a member, (5) Where an appeal against an order for the winding up of a co-operative society is not presented within the period specified under sub-section (2) of section 68, the order shall take effect on the expiry of that period. (6) Where an appeal against an order for the winding up of a co-operative society is presented within the period specified under sub-section (2) of section 68, the order shall not take effect until it is confirmed by the Chief Commissioner and such confirmation is communicated to the society. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- _58._ **_Liquidator :- (1) Where the Registrar has made an order under section 57_** for the winding up of a co-operative society, he may appoint a liquidator for the purpose and fix his remuneration. (2) Notwithstanding anything contained in sub-section(5) or sub-section (6) of section 57 a liquidator shall, on appointment, take into his (custody) or under his control all the property, effects and actionable claims to which the co-operative society is or appears to be entitled and shall take all such steps as he may deem necessary or expedient, to prevent loss or deterioration of, or damage to, such property, effects and claims and he may carry on the business of the society so far as may be necessary with the previous approval of the Registrar. (3) Where an appeal is preferred under section 58 against an order for the winding up of a co-operative society made under section 57 the liquidator shall continue to have custody or control of the property, effects and actionable claims in sub-section (2) and have authority to take the steps referred to in that subsection until the disposal of the appeal. (4) Where an order for the winding up of a co-operative society is set aside in appeal, the property, effects and actionable claims of the society shall re-vest in the society. (5) The Registrar may, for reasons to be recorded in writing, remove a liquidator appointed under this section and appoint another liquidator in his place. 59. **_Powers of liquidator :- (1) Subject to any rules made in this behalf, the_** whole of the assets of a co-operative society, in respect of which an order for winding up has been made, shall vest in the liquidator appointed under section 58 from the date on which the order takes effect and the liquidator shall have power to realise such assets by sale or otherwise, (2) Such liquidator shall also have power, subject to the control of the Registrar: (a) to institute and defend suits and other legal proceedings on behalf of the co-operative society by the name of his office; (b) to determine, from time to time, the contribution (including debts due and costs of liquidation) to be made or remaining to be made by the members or past members or by the estate or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the co-operative society ; (c) to investigate all claims against the co-operative society and subject to the provisions of this Regulation to decide questions of priority arising between claimants ; **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (d) to pay claims against the co-operative society including interest up to the date of winding up according to their respective priorities, if any, in full or rateable, as the assets of the society may permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such order of winding up at a rate fixed by him but not exceeding the contract rate in any case; (e) to determine by what persons and in what proportions the costs of liquidation are to be borne; (f) to determine whether any person is a member, past member or nominee of a deceased member ; (g) to give such directions in regard to the collection and distribution of the assets of the co-operative society as may appear to him to be necessary for the winding up of its affairs ; (h) to carry on the business of the co-operative society so far as may be necessary for its beneficial winding up ; (i) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim, present or future, whereby the co-operative society may be rendered liable; (j) to make any compromise or arrangements with any person between whom and the co-operative society there exists any dispute and to refer any such dispute to arbitration ; (k) after consulting the members of the co-operative society, to dispose of the surplus, if any, remaining after paying the claims against the society, in such manners as may be prescribed ; and (l) to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, subsisting or alleged to subsist between the co-operative society and a contributory or alleged contributory or other debtor or person apprehending liability to the co-operative society and all questions in any way relating to or affecting the assets or the winding up of a co-operative society on such terms as may be agreed and take any security of the discharge of any such call, liability, debt or claims and give a completed discharge in respect thereof. (3) When the affairs of a co-operative society have been wound up, the liquidator shall make a report to the Registrar and deposit the records of the society in such place as the Registrar may direct. _60._ **_Priority of contributions assessed by liquidator_** :- Notwithstanding anything contained in any law relating to insolvency, the contribution assessed by a liquidator shall rank next to debts due to the Government or to any local authority in order of priority in insolvency proceedings. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- _61. Power of Registrar to cancel registration of a co-operative society :- (1)_ The Registrar may after considering the report of the liquidator made to him under sub-section (3) of section 59 order the registration of the co-operative society to be cancelled. (2) An order passed under sub-section (1) shall be communicated by registered post to the president of the society and to the credit agency, if any, of which the society was a member. ###### * CHAPTER IX A SPECIAL PROVISIONS FOR INSURED CO-OPERATIVE BANKS *** 61A. Notwithstanding anything contained in this Regulations, in the case** **of an insured co-operative bank:-** (i) an order for the winding-up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the bank may be only with the previous sanction in writing of the Reserve Bank of India. (ii) an order for the winding-up of the bank shall be made by the Registrar if so required by the Reserve Bank of India in the circumstances referred to in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961. (iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the bank, an order shall be made for supersession of the committee of management or other managing body (by whatever name called) of the bank and the appointment of an administrator there for such period or periods, not exceeding five years in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new committee. (iv) no appeal, revision or review shall lie or be permissible against an order referred to in clause (i), (ii) or (iii) made with the previous sanction in writing or on the requisition of the Reserve Bank of India and such order or sanction shall not be liable to be called in question in any manner. (v) the liquidator or the insured co-operative bank or transferee bank, as the case may be, shall be under an obligation to repay the amount to the Deposit Insurance and Credit Guarantee Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 in the circumstances, to the extent and in the manner referred to in section 21 of the Act. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- Explanation:- For the purpose of this section: (i) “Co-operative bank” means a bank as has been defined in the Deposit Insurance and Credit Guarantee Corporation Act, 1961. (ii) “insured Co-operative bank” means a co-operative society which is an insured bank under the provision of the Deposit Insurance and Credit Guarantee Corporation Act, 1961. (iii) “transferee bank” in relation to an insured co-operative bank means a co operative bank: (a) with which such insured co-operative bank is amalgamated; or (b) to which the assets and liabilities of such insured co-operative bank are transferred; or (c) into which such insured co-operative bank is divided or converted under the provision of section 13 of the Regulation; (iv) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934; ###### CHAPTER X EXECUTION OF AWARDS DECREES, ORDERS AND DECISIONS 62. **_Enforcement of charge_** :- Notwithstanding anything contained in Chapter VIII or any other law for the time being in force but without prejudice to any other mode of recovery provided in this Regulation, the Registrar or any person subordinate to him empowered by the Registrar in this behalf may, debt on the application of a co-operative society, make an order directing the payment of any debt or outstanding demand due to the society by any member or past or deceased member, by sale of the property or any interest therein, which is subject to a charge under section 31; Provided that no order shall be made under this section unless the member, past member or the nominee, heir or legal representative of the deceased member, has been served with a notice in the prescribed manner and has failed to pay the debt or outstanding demand within seven days from the date of such notice. *** (Chapter IXA - *61A) inserted in the Andaman and Nicobar Islands Co-** **operative Societies Regulation, 1973 vide Gazette of India, Part-II,** **Section-I of Ministry of Law and Justice (Legislative Department) New** **Delhi dated 12[th] March, 1998, Andaman and Nicobar Islands Co-operative** **Societies (Amendment) Regulation, 1998(No.1 of 1998).** **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 63. **_Execution of orders, etc_** :- Every decision, award or order made under section 54, section 56, section 62 or section 68 shall, if not carried out : (a) on a certificate signed by the Registrar, or any person authorised by him in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court ; or (b) be executed, by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by attachment and sale or by sale without attachment of any property of the person or co-operative society against whom the decision, award or order has been made. 64. **_Execution of orders of liquidator :- Every order made by the liquidator_** under section 59 shall be executed according to the law for the time being in force for the recovery of arrears of land revenue. 65. **_Attachment of property before award or order_** :- If the Registrar is satisfied on an application, report or enquiry that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Regulation – (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Registrar, the arbitrator or the liquidator, as the case may be, he may, unless adequate security is furnished, by order, direct attachment of the said property ; and such attachment shall have the same effect as if made by a competent civil court. _66._ **_Registrar or person empowered by him to be civil court for certain_** **_purposes_** :- The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Regulation for the recovery of any amount by attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step-in-aid of such recovery, to be a civil court for the purposes of article 136 of the First Schedule to the Limitation Act, 1963 (36 of 1963). 67. Recovery of sums due to Government :- (1) All sums due from a co-operative society, or from an officer or member or past member of a co-operative society as such, to the Government, including any costs awarded to the Government under any provisions of this Regulation, may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) Sums due from a co-operative society to the Government and recoverable under sub-section (1) may be recovered firstly, from the property of the society ; secondly, in the case of a society the liability of the members of which is limited, from the members, past members or the estates of deceased members subject to the limit of their liability ; and thirdly in the case of other societies, from the members, past members or the estates of the deceased members. Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the provisions of section 22. ###### CHAPTER XI APPEALS AND REVISION 68. Appeals :- An appeal shall lie under this section against – (a) an order of the Registrar made under sub-section (2) of section 8 refusing to registrar a co-operative society ; (b) an order of the Registrar made under sub-section (4) of section 10 refusing to register an amendment of the bye-laws of a co-operative society or under sub-section (6) (ii) of that section compulsorily registering an amendment to such bye-laws ; (c) a decision of a co-operative society, other than a producers society, refusing to admit any person as a member of the society, who is otherwise duly qualified for membership under the bye-laws of the society ; (d) a decision of a co-operative society expelling any of its members ; (e) an order made by the Registrar under section 27 removing the committee of a co-operative society ; (f) an order made by the Registrar under section 52 apportioning the costs of an inquiry held under section 50 or an inspection made under section 51 ; (g) an order of surcharge made by the Registrar under section 54 ; (h) a decision or award made under section 56 ; (i) an order made by the Registrar under section 57 directing the winding up of a co-operative society ; (j) an order made by a liquidator of a co-operative society in exercise of the powers conferred on him by section 59 ; (k) an order made under section 65 ; **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) An appeal against any decision, award or order under sub- section (1) shall be made within sixty days from the date of the decision, award or order – (a) if the decision, award or order was made by the Registrar, to the Chief Commissioner ; or (b) if the decision, award or order was made by any other person, to the Registrar ; Provided that where the Registrar is deemed to have refused registration of a society under sub-section(4) of section 8 and an appeal in intended to be filed against such refusal, such appeal may be filed within sixty days from the expiry of the period of three months referred to in sub-section (3) of that section : Provided further that the appellate authority may admit an appeal after the said period of sixty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (3) No appeal shall be lie under the section from any decision or order made by the Registrar in appeal. (4) In disposing of an appeal under this section, the appellate authority may, after giving the parties an opportunity of making their representation, pass such order thereon as that authority may deem fit. (5) The decision or order of the appellate authority on appeal shall be final. 69. Revision :- The Chief Commissioner may, either suo-moto or on an application, call for and examine the records of any proceedings in which no appeal lies to the Chief Commissioner under section 63 for the purpose of satisfying himself as to the legality or propriety of any decision, award or order made and if in any case it shall appear to the Chief Commissioner that any such decision, award or order should be modified, annulled or revised, the Chief Commissioner may, after giving the party to be affected thereby an opportunity of being heard, pass such order thereon as he may deem fit. _70._ **_Inter-locutory orders_** :- Where an appeal is made under section 68 or where the Chief Commissioner calls for the records of a case under section 69, the appellate authority or the Chief Commissioner, as the case may be, may, in order to prevent the ends of justice being defeated, make such inter-locutory orders, including an order of stay, pending the decision of the appeal or revision as such authority or the Chief Commissioner may deem fit. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- ###### CHAPTER XII OFFENCES AND PENALTIES **_71. Punishment for certain offences :- (1) It shall be an offence under_** this Regulation if – (a) the committee, an officer, employee or any member of a co-operative society wilfully makes a false return or furnishes false information or disobeys a lawful order or direction issued under the provisions of this Regulation ; (b) any person wilfully or without any reasonable cause disobeys any summon, requisition or other lawful order or direction issued under this Regulation ; (c) any person wilfully withholds or fails to furnish an information lawfully required from him by a person authorised in this behalf under the provisions of this Regulation ; (d) any person acts in contravention of section 31 or section 32 ; (e) the committee or a member thereof wilfully fails to produce books, accounts, documents, records, securities, cash and other properties belonging to or in the custody of a co-operative society. (2) An offence under sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. 72. Prohibition of use of the word “co-operative” or its equivalent:- (1) No person, other than a co-operative society, shall trade or carry on business under any name or title of which the word “co-operative” or its equivalent in any Indian language is part without the sanction of the Government: Provided that nothing in this sub-section shall apply to the use by any person or his successor-in-interest of any name or title under which he traded or carried on business on the date on which the Co-operative Societies Act, 1912 (2 of 1912) came into operation. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing offence with further fine of fifty rupees for each day on which the offence is continued after conviction thereof. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 73. **_Punishment for offences not otherwise provided for_** :- Any co-operative society or any officer or member thereof or any other person contravening the provisions of this Regulation for which no punishment is expressly provided herein shall be punishable with fine which may extend to fifty rupees. 74. Cognisance of offences :- (1) No court inferior to that of a Magistrate of the first class shall try any offence under this Regulation. (2) No prosecution shall be instituted under this Regulation without the previous sanction of the Registrar and such sanction shall not be given without giving to the person concerned a reasonable opportunity to represent his case. ###### CHAPTER XIII MISCELLANEOUS 75. Address of co-operative societies : Every co-operative society shall have an address registered in the manner prescribed to which all notices and communications may be sent, and shall send to the Registrar notice of every change thereof within thirty days of such change. 76. Copy of Regulation, rules, bye-laws, etc., to be open to inspection:- Every co-operative society shall keep a copy of this Regulation, the rules and its byelaws and also a list of its members, open to inspection free of charge at all reasonable times at the registered address of the society. 77. **_Power to exempt co-operative societies from conditions as to_** **_Registration_** :- Notwithstanding anything contained in this Regulation, the Chief Commissioner may, by special order in each case and subject to such conditions, if any as he may impose, exempt any co-operative society from any of the requirements of this Regulation as to registration, if he is satisfied that such exemption is necessary having regard to the nature of the activities of the society or that such exemption is necessary in the public interest or in the interest of the co-operative movement. 78. **_Power to exempt co-operative societies from provisions of the_** **_Regulation:- The Chief Commissioner may, by general or special order, exempt_** any co-operative society or any class of co-operative societies from any of the provisions of this Regulation or may direct that such provision shall apply to such societies or class of societies with such modifications as may be specified in the order if he is satisfied that such exemption or direction is necessary having regard the nature of the activities of the society or class of societies or that such exemption or direction is necessary in the public interest or in the interest of the co-operative movement. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- 79. **_Registrar and other officers to be public servants_** :- The Registrar, a person appointed to assist the Registrar under section 3, a person authorised to audit the accounts of a co-operative society under section 48 or to make an inspection under section 49 or to hold an inquiry under section 50 and a person appointed as an arbitrator under section 56 or a liquidator appointed under section 58 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 80. Notice necessary in suits :- No suit shall be instituted against a co-operative society or any of its officers in respect of any act touching the constitution, management or business of the society until the expiration of three months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left. 81. Companies Act not to apply :- The provisions of the Companies Act, 1956 (1 of 1956) shall not apply to co-operative societies. 82. **_Savings of existing societies_** :- (1) Every society now existing, which has been registered under the Co-operative Societies Act, 1912 (2 of 1912), as it applies to the Union territory of the Andaman and Nicobar Islands, shall be deemed to be registered under the corresponding provisions of this Regulation, and its bye-laws shall, so far as they are not inconsistent with the provisions of this Regulation or the rules, continue to be in force until altered or rescinded. (2) All appointments, rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under the said Act shall, so far as they are not inconsistent with the provisions of this Regulation, be deemed to have been respectively made, issued and instituted under this Regulation save that an order cancelling the registration of a co-operative society made under the said Act shall be deemed, unless the society has already been finally liquidated as an order made under section 57 for its being wound up. **83.** **_Bar of jurisdiction of courts_** :- (1) Save as otherwise provided in this Regulation, no court shall have any jurisdiction in respect of (a) the registration of a co-operative society or its bye-laws or of an amendment of the bye-laws ; (b) the removal of a committee ; (c) any dispute required under section 55 to be referred to the Registrar ; and (d) any matter concerning the winding up and the dissolution of a co operative society. **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (2) While a co-operative society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose. (3) Save as otherwise provided in this Regulation, no order, decision or award made under this Regulation shall be questioned in any court on any ground whatsoever. 84. **_Registrar, etc., to have powers of a civil court_** :- (1) In exercising the functions conferred on him by or under this Regulation, the Registrar, the arbitrator or any other person deciding a dispute under section 56 and the liquidator of a co-operative society and a person entitled to audit, inspect or hold an inquiry under this Regulation shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely : (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of any document ; (c) proof of facts by affidavits ; and (d) issuing commissions for examination of witnesses. (2) In the case of an affidavit, any officer appointed by the Registrar, the arbitrator or any other person deciding a dispute or the liquidator, as the case may be, may administer the oath to the deponent. 85. Indemnity :- No suit, prosecution or other legal proceeding shall lie against the Registrar or any person subordinate to him or acting on his authority in respect of anything in good faith done or purporting to have been done under this Regulation. - 86. **_Power to make rule_** :- (1) The Chief Commissioner (now the Lieutenant Governor (Administrator), Andaman and Nicobar Islands) may, by notification in the Official Gazette and subject to the condition of previous publication, make rules or further to amend to carry out all or any of the purposes of this Regulation. - (Notification No.90/96/F.No.30-51/94-Dev.I(Coop) dated 03[rd] October, **1996 of Andaman and Nicobar Islands Cooperative Societies Regulations,** **1973 (No.3 of 1973) in the Andaman and Nicobar Gazette, Extra Ordinary** **issue No.94 dated 03[rd] October, 1996)** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (i) the maximum number of shares or portion of the capital of a co-operative society which may, subject to the provisions of section 6, be held by a member ; (ii) the form to be used and the conditions to be complied with in the making of applications for the registration of a co-operative society and the procedure in the matter of such applications ; (iii) the procedure and conditions for change in the form and extent of the liability of co-operative society ; (iv) the matters in respect of which a co-operative society may or shall make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation; (v) the conditions to be complied with by person applying for admission or admitted as members, for the election and admission of members, and the payment to be made and the interest to be acquired before the exercise of the right of membership ; (vi) the manner in which funds may be raised by means of shares or debentures or otherwise ; (vii) general meetings of the members and the procedure at such meetings and the powers to be exercised by such meetings ; (viii) the prohibitions and restrictions subject to which co-operative societies may transact business with persons who are not members ; (ix) the proportion of individuals and co-operative societies in the constitution of the committee of management and the general body of a co-operative society of which another co-operative society is a member ; (x) subject to the provisions of section 26, the election and nomination of members of committees, the appointment or election of officers and the suspension and removal of the members and other officers, and the powers to be exercised and the duties to be performed by the committees and other officers ; (xi) the appointment and regulation of work entrusted to the person or persons replacing the committee in pursuance of section 27 ; (xii) prohibiting a co-operative society form electing a defaulting member on its committee or to be its representative ; (xiii) the accounts and books to be kept by a co-operative society, the audit of such accounts and the charges, if any, to be made for such audit, and the periodical publication of a balance sheet showing the assets and liabilities of a co-operative society ; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (xiv)the returns to be submitted by a co-operative society to the Registrar, the persons by whom and the form in which such returns shall be submitted and in case of failure to submit any such return, the levy of expenses of preparing it ; (xv) the persons by whom and the form in which copies of entries in books of co-operative societies may be certified and the charges to be levied for the supply of such copies ; (xvi)the formation and maintenance of a register of members and, where the liability of the members is limited by shares, of a register of shares ; (xvii) the appointment of an arbitrator to decide disputes ; (xviii) the procedure to be followed in proceedings before the Registrar, arbitrator or other persons deciding disputes including the appointment of a guardian for a party to the dispute who is a minor or who, by reason of unsoundness of mind or mental infirmity, is incapable of protecting his interests, and the levy of expenses relating to such proceedings ; (xix) the withdrawal and expulsion of members and the payments, if any, to be made to members who withdraw or are expelled and the liability of past members or the estates of deceased members ; (xx) the mode in which the value of deceased member’s share or interest shall be ascertained and the nomination of a person to whom such share or interest may be paid or transferred ; (xxi) the payments to be made and the conditions to be complied with by members applying for loans, the period for which any loans may be made and the maximum amount which may be lent, to any member ; (xxii) the formation and maintenance of reserve funds and other funds and the objects to which such funds may be applied, and the investment of any funds under the control of a co-operative society; (xxiii) the extent to which a co-operative society may limit the number of its members ; (xxiv) the conditions under which profits may be distributed to the members of a co-operative society with unlimited liability, and the maximum rate of dividend which may be paid by co-operative societies ; (xxv) the calculation and writing off of bad debts by co-operative societies ; (xxvi) the procedure to be followed by a liquidator appointed under section 58 in respect of the provisions of section 59 ; (xxvii)the procedure to be followed in presenting and disposing of appeals under this Regulation : (xxviii) the issue and service of processes and for proof of service thereof ; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973** (xxix) the manner of effecting attachment ; (xxx) the custody, preservation and sale of property under attachment; (xxxi) the investigation of claim by persons other than the defaulter to any right or interest in the attached property, and the postponement of sale pending such investigation ; (xxxii) the immediate sale of perishable articles ; (xxxiii)the inspection of documents in the office of the Registrar of any other officer or authority and the levy of the fees for granting certified copies of the same ; (xxxiv) the terms and conditions on which Government may make share capital contribution or give financial or other assistance to co-operative societies and the terms and conditions on which the Government may guarantee the payment of the principal or interest on the debentures issued by cooperative societies or loans or deposits raised by them ; (xxxv) the manner in which the funds may be raised by a co-operative society or a class of co-operative societies by means of share or debentures or otherwise and the quantum of funds so raised ; (xxxvi) the qualifications for members of the committee and the employees of a co operative society or class of co-operative societies and the conditions of service subject to which persons may be employed by co-operative societies ; (xxxvii) the method of communicating or publishing any order, decision or award required to be communicated or published under this Regulation of the rules ; and (xxxviii) all other matters expressly required or allowed by this Regulation to be prescribed by rules. 87. Repeal and savings :- The Co-operative Societies Act, 1912 (2 of 1912) in its application to the Union Territory of the Andaman and Nicobar Islands, is hereby repealed : Provided that such repeal shall not affect – (a) the previous operation of the said Act or anything duly done or suffered there under; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act ; or (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against the said Act, or **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Regulation had not been passed. ###### V. V. GIRI, President K.K.SUNDARAM, Secy. to the Govt. of India **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- ## ANDAMAN AND NICOBAR GAZETTE #### EXTRAORDINARY ###### Published BY Authority ###### No. 167, Port Blair, Wednesday, October 16, 1974 / Asvina 24, 1896 ###### ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT ------ NOTIFICATION --------- Port Blair, the 16th October, 1974/Asvina 24, 1896. No. 164/74/F.No.1/1(135)/73-Dev.II. In exercise of the powers conferred by section 86 of the Andaman and Nicobar Islands Co-operative Societies Regulation 1973 (No. 3 of 1973), the Chief Commissioner Andaman and Nicobar Islands, hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely: #### THE ANDAMAN AND NICOBAR ISLANDS ###### CO-OPERATIVE SOCIETIES RULES, 1974 CHAPTER I PRELIMINARY **1. Short Title Extent and Commencement:- (I) These rules may be called the** Andaman and Nicobar Islands Co-operative Societies Rules, 1974. (2) They shall extend to the whole of the Union Territory of the Andaman and Nicobar Islands. (3) They shall come into force on such date as the Chief Commissioner may be notification in the official Gazette appoint. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** *** IA. The Chief Commissioner may be general or special order exempt any** Co-operative Society or any class of Co-operative Societies from any of the provision of these Rules or direct that such provision shall apply to such societies or class of societies with such modification as may be specified in the order, if he is satisfied that such exemption or direction is necessary having regard to the matter of the activities of the society or class of societies in the public interest or in the interest of the Co-operative movement. **2. Definition:- In these rules, unless the context otherwise requires:-** (a) "Appendix" means an appendix to these rules: (b) ****** "Co-operative Year" means the year beginning on the 1[st] day of April and ending on the 31[st] day of March”. (c) "Decree" means any order, decision or award referred to in section 63: (d) "Decree-holder" means any person holding a decree as defined in clause(c): (e) "Maximum credit limit" means the extent to which a co-operative society may receive deposits and loans from members and non-members: (f) "Member of a family" includes any one of those given under Explanation to section 5 of the Regulation: (g) "Model bye-laws" means a set of bye-laws approved and proposed by the Registrar for general adoption by a class of co-operative societies: (h) "Net profit" means profit after deduction of establishment charges, contingent charges, interest payable on loans and deposits, audit fee and such other sums as may be prescribed: (i) "Owned capital" means the total paid-up share-capital and reserve fund and other funds created out of profit and undistributed profits means accumulated losses: (j) "Paid-up share-capital" means such portion of the subscribed share capital as it actually paid-up: *** (Rule 1A is inserted in the A&N Islands Co-operative Societies Rules,** **1974 (Amendment) vide A&N Administration, Chief Commissioner’s** **Secretariat Notification No.4/81/F.No.1/1(160)/79-Part/Dev.II dated** **24.04.1981).** **** (substituted name against sub-rule (b) of rule 2 vide A&N** **Administration,** **Secretariat’s** **notification** **No.** **/F.No.30-21/92-** **Dev.II(Coop) dated 19.08.1993, A&N Islands Co-operative Societies** **(Amendment) Rules, 1993)** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (k) "Persons appointed to assist the Registrar" include Additional Registrar, Joint Registrars, Deputy Registrars, Assistant Registrars, Chief Auditor, Audit Officers and other persons with such designation as the Chief Commissioner thinks fit: (l) "Recovery Officer" means the Registrar or a person subordinate to the Registrar who is authorised by the Registrar to exercise the powers under clause(a) of section 63: (m)"Regulation" means the Andaman and Nicobar Islands Co-operative Societies Regulation, 1973 (No.3 of 1973). (n) "Reserve fund" means a fund to which at-least one fourth of the net profit of a co-operative society in any year shall be carried to as required by secrion41: (o) "Sale Officer" means the Registrar or an officer subordinate to the Registrar and who is empowered by him, by general or special order, to exercise powers under clause(b) of section 63: (p) "Section" means a Section of the Regulation: (q) "Share-Capital" means the subscribed share-capital: (r) "Working capital" means the total of owned capital plus the borrowed capital: (s) Words and expressions defined in the Regulation and used in these rules shall have the meaning respectively assigned to them in the Regulation. ###### CHAPTER II Registration of Co-operative Societies and their bye-laws. APPLICATION FOR REGISTRATION **_3. Forms of Application:- An application for registration of a co-operative society_** shall be made in the form prescribed in Appendix "A" and shall specify the name and address of one of the applicants to whom the Registrar may address his correspondence under rule 5 or rule 6. **4.** **_Documents which shall accompany the application:- An application for_** registration shall be accompanied by three copies of the bye-laws which the Cooperative Society proposes to adopt. Such copies of bye-laws shall bear the signature of not less than two of the applicants, duly authorised by the members of the proposed co-operative society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **_5. Procedure on receipt of application:- (1) Before passing final order under_** section 8, the Registrar may call for such further information from the applicants or make such independent enquiries as he may deem necessary. (2) After the Registrar is satisfied with regard to the matters stated in sub section (1) of section 8, he may register the co-operative society and its bye-laws. A copy of the registered bye-laws shall be returned by him to the co-operative society. **_6. Persons to whom order under section 8(2) to be communicated:- An order_** passed by the Registrar refusing registration of a co-operative society shall be communicated by registered post or by any other means deemed fit to the applicant referred to in rule 3. **7. Appeal against refusal of application for registration:- Where an application** for registration of a co-operative society is refused by the Registrar, an appeal, if made, shall be signed by all the persons who had signed in the application for registration: Provided that where an application for registration was signed by more than ten persons, the appeal shall be signed by at-least two third of the persons who has signed the application for registration subject to a minimum number of ten such persons. **8. Subject matter of Bye-Laws:- (1) A Co-operative society shall make bye-laws** in respect of the following matters: (a) name and address of the co-operative society; (b) area and operation: (c) the objects of the co-operative society: (d) the manner in which the funds may be raised and the maximum share capital which any one member may hold and the purpose to which the funds may be made applicable: (e) the qualification for membership and terms for admission of members: (f) the nature and the extent of the liability of the members: (g) withdrawals and expulsion of members, and the payments, if any, to be made to such members: (h) transfer of shares or interest of the members: (i) general meetings and procedures and powers of such meetings: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (j) procedures of election to the committee: (k) appointment, suspension and removal of the officers of the cooperative society and members of the committee: (l) constitution of the committee and procedure for holding its meetings: (m) powers and duties of the committee and officers of the co-operative society: (n) the privileges, rights, duties and liabilities of members: (o) the consequence of defaults in payments of any sum due by a member: (p) authorisation of an officers of the co-operative society to sign documents and to institute and defend suits and other legal proceedings on behalf of the society: (q) the constitution and maintenance of various funds as required to be maintained under the provisions of Regulation, Rules and bye-laws: and (r) Disposal of profits: Provided that if in the opinion of the Registrar the bye-laws of any co-operative society do not contain provisions with regard to the matters specified in clause (i) and (1) or contain insufficient provision with regard to these matters, the provisions prescribed in appendix "B" shall apply to such society as if the said Appendix had been part of the bye-laws registered under section 8: Provided further that if there is any inconsistency in the bye-laws framed by the society with regard to the aforesaid matters and the provisions contained in appendix "B" the bye-laws of the society shall prevail in so far as they are inconsistent with the provisions contained in appendix "B". (2) The bye-laws of a co-operative society may further provide for such matter as are incidental to the organisation of the society and the management of its business. **9. Amendment of Bye-Laws:- Subject to the provisions of section 10 and rule 8,** a society may from time to time, amend its bye-laws. **10. Resolution for Amendment:- No amendment under rule 9 shall be carried** out save in accordance with a resolution passed at a general meeting of the cooperative society of which due notice or the intention to discuss the amendment in the meeting has been given to its members. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Provided that no such resolution shall be valid unless it is passed by a majority of members present at the general meeting at which not less than two third of members for the time being of the co-operative society are present: Provided further that amendment of bye-laws on the lines of model bye laws previously approved by the Registrar may be adopted by a majority at an ordinary general meeting. **11. Application to the Registrar for Registration of Amendment:- Three** copies of the amendment adopted by a co-operative society under rule 10 signed by two officers of the co-operative society, duly authorised by the general meeting in this behalf, shall be submitted to the Registrar along-with an application for registration, duly signed as aforesaid, together with a copy of the resolution passed in the general meeting to that effect. Such copies of the amendments shall be accompanied by a certificate signed by any one of the above two officers of the co-operative society to the effect that the provisions of the rule 10 have been complied with. **12. Registration of Amendment:- On receipt of an application for registration,** together with other documents referred to in rule 11, the Register shall examine the amendment proposed by the co-operative society and if he is satisfied that the amendment is not contrary to the Regulation or the rule and is in the interest of the society and the co-operative movement, he may register the amendment and issue to the co-operative society a copy of the amendment duly certified by him under section 10. Where Registrar is of opinion that the proposed amendment may be accepted subject to any modification, he may indicate to the society such modification after explaining in writing his reasons therefor. **13. Manner of calling upon co-operative society to make Amendment to** **Bye-laws:- (1) Subject to the provision of this rule, the Registrar may by serving a** notice in the form prescribed in appendix 'C' call upon a co-operative society to make such amendment to the Bye laws of the co-operative society as he considers to be necessary or desirable in its interest, within a period not exceeding two months from the date of service of notice. The notice shall state exact amendment which the society should make. (2) For the purpose of the sub section 6 (i) of section 10 the Registrar shall send a copy of the notice to the credit agency, if any, to which the society is affiliated, with a request to offer its comments on the amendment which such time as may be specified by him. If the credit agency fails to offer comments within the specified time, it may be presumed by the Registrar that the credit agency has an objection to the amendment. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- (3) If after considering the comments, if any of the credit agency, the Registrar considers that the amendment, is necessary in the interest of the co-operative society, he shall send a written notice in the form prescribed in Appendix 'D' by registered post or by any other manner deemed fit to the registered address of the co-operative society calling upon it to show cause in writing or through a properly authorised representative to appear before the Registrar on the date specified in the notice as to why the proposed amendment should not be registered within the time specified in the notice in appendix 'C'. (4) After the expiry of the period specified in the notice in appendix 'C' and after considering the reply, if any, of the co-operative society and the views, if any, of the credit agency on such reply, the Registrar may, after duly considering the objection of the society (if any) to the proposed amendment, register the amendment. **14. Change in the name of society:- (1) The name of a co-operative society** maybe changed under section 11 so however that it does not refer to any caste or religious denomination and is not inconsistent with the object of the co-operative society. (2) Where the name of a Co-operative Society is changed in accordance with section 11 such society shall send the original registration certificate for amendment to the Registrar, who shall return the same to the society, duly amend after following the procedure laid down under section 11(2) (3) If the original certificate of registration is lost by a co-operative society, the co-operative society shall apply to the Registrar in writing for a duplicate copy of certificate and Registrar, if satisfied after inquiry that the certificate has been so lost shall issue a duplicate certificate against a fee of rupees two. **15. Change of Liability of a Co-operative Society:- (1) Every notice to be given** under sub-section (2) of section 12 shall be sent by post under certificate of posting or otherwise to the address of each of its members and creditors as recorded in the books of the society. A copy of such notice shall be exhibited on the notice board or on the outer wall of society's building or at a conspicuous public place and a copy shall also be sent to the Registrar for exhibition on the notice board of his office; and there upon, the notice of resolution to change the form or extent of its liability shall be deemed to have been duly given to all its members and creditors, notwithstanding the fact that such notice had not been sent to their correct address or that it had not been received by them. (2) For the purpose of determining the claims of a member under clause (b) of the sub-section 12, the value of a share of a member in a co-operative society shall be ascertained as in the following manner, namely: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** `(a)` in the case of a co-operative society with limited liability, the value of a share shall be the actual amount received by the co-operative society in respect of such share; and `(b)` in the case of a co-operative society with unlimited liability, the value of the shares shall be the amount arrived at by a valuation based on the financial position of the co-operative society as shown in the last audited balance sheet: Provided that it shall not exceed the actual amount received by the co-operative society in respect of such shares. (3) Any member or creditor desiring to exercise his option under sub-section (2) of section 12 shall inform the co-operative society accordingly in writing and when he does not propose to withdraw his entire shares or deposits the member or creditor shall clearly indicate in writing the extent of his withdrawals. The cooperative society shall examine and draw up a scheme for orderly payment of all claims in an equitable manner including shares, the value of which shall be ascertained in accordance with provisions of sub-rule (3). The scheme may also provide for settlement of claims by mutual agreement. Where the Registrar does not approve the scheme on the ground of impracticability or undesirability, resolution passed by the co-operative society for amendment of its bye-laws or the purpose shall be ineffective and the form and extent of liability of co-operative society shall not be changed in accordance with the resolution so passed. (4) After the Registrar approves the scheme, the co-operative society shall make payments to member and creditors as provided for in clause (b) of sub-section (b) of sub-section (4) of section 12 and make a report to that effect to the Registrar and the Registrar shall thereupon proceed to register the amendment to the byelaws of the co-operative society. (5) Subject to the provisions of this rule the provisions of section 10 and rules 10 to 12 shall apply to an amendment of the bye-laws of a society for purpose of changing the form or extent of its liability. *** Rule 16: Amalgamation, Transfer of Assets and Liabilities or Division of** **societies:-** (1) Every Co-operative Society desiring to effect amalgamation, transfer of assets and liabilities or division shall make an application to the Registrar to that effect, giving full details about such amalgamation, transfer, or division, as the case may be. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (2) On receipt of such application, the Registrar may, after examining the details furnished in the application and such other particulars which he may call upon the co-operative society to furnish, give his approval to the amalgamation, transfer or division if he considers such amalgamation, transfer or division as the case may be, to be in the interest of the co-operative society. (3) After the receipt of the Registrar's approval under sub-rule (2), the co operative society shall convene special general meeting by giving notice of at-least clear 15 days to all its members and creditors and pass a resolution for amalgamation, transfer of assets and liabilities or division, as the case may be by a majority of two third members present and voting at the meeting. The resolution so passed shall contain the purpose and the full scheme indicating how the proposed amalgamation, transfer or division would be useful to the co-operative society and be given effect to. Where the scheme does not involve transfer of liabilities of the co-operative society to another co-operative society a statement to that effect shall be made in the application to be made under sub-rule (1). (4) Notice of such resolution, as required by section 13(4), to the members and creditors of the co-operative society shall be in the form prescribed in appendix 'E'. The notice may also be published in a newspaper in circulation in the district in which the society's office is situated and a copy thereof shall be exhibited in the notice board of the society or in outer wall of the building of the co-operative society or in any conspicuous public place and also on the notice board of the Registrar's office. (5) The Co-operative Society shall meet in full or otherwise satisfy all claims of members and creditors and other interested persons who exercise the option in pursuance of the notice under sub-rule (4). (6) The co-operative society shall submit a report to the Registrar of the action taken by it and request him to give effect to its decision for amalgamation, transfer or division by registering the amalgamated or the new co-operative society as the case may be, and cancelling the registration of the co-operative societies which have been amalgamated or divided. (7) On receipt of the report from the Co-operative Society under sub-rule(6), the Registrar shall, after satisfying himself that the procedure has properly been followed, register the amalgamated or divided societies and cancel the registration of the co-operative societies which have been amalgamated or divided" ###### * No.165/1/1(135)/75-DII (Vol.II):- Inserted vide Chief Commissioner's Notification NO.164/74/F.No.1/1(135)/73-Dev.II dated 16th October, 1974, published in the Andaman and Nicobar Gazette Extraordinary No. 167 dated 16th October, 1974. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **17. Appeal against refusal to register amendments to bye-laws: Where an** application for registration of an amendment to bye-laws of a co-operative society is rejected by the Registrar under sub-section (4) of section 10, the appeal, if any, against such refusal shall be made only after a meeting of the general body has reconsidered the matter and has decided to prefer an appeal. Such appeal shall be signed by an officer of the co-operative society duly authorised in this behalf by a general body meeting". ###### CHAPTER III MEMBERS OF CO-OPERATIVE SOCIETIES THEIR RIGHTS AND LIABILITIES **18.** **Disqualification For Membership:- (1) No person shall be eligible for** admission as a member, if he: (a) has applied to be adjudicated and insolvent or is an un-discharged insolvent; or (b) has been sentenced for any offence, other than an offence of a political character or an offence not involving moral turpitude and a period of five years has not elapsed from the date of expiry of the sentence. (2) if a member becomes subject to any disqualification specified sub-rule(1), he shall be deemed to have ceased to be a member from the date when the disqualification was incurred. **19. Prohibition of membership in two co-operative credit or service** **societies:- (1)No individual being a member of primary co-operative society** having one of the objects of creation of funds to be lent to its members shall be a member of any other such co-operative society without the general or special permission of the Registrar, and where an individual has become a member of two such co-operative societies, either or both of the co-operative societies shall be bound to remove him from membership upon a written requisition from the Registrar to that effect. (2)No individual who is an officer of a co-operative society shall without the general or a special permission of the Registrar be a member of any other cooperative society whose objects are similar to the objects of the society of which he is an officer and where such an individual has become a member of another society with similar objects, either or both of the co-operative societies shall be bound to remove him from membership upon written requisition from the Registrar to that effect. If any question arises as to whether or not two cooperative societies have similar objects, the decision of the Registrar on the point shall be final. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **20. Admission of member before general meeting of a society:- No co-** operative society shall admit members within fourteen days prior to an annual general meeting. **21. Members not to exercise vote till due payment made:- No member of a co-** operative society shall participate in the general meeting of the co-operative society or vote in the election to the committee, unless he has made all such payments to the co-operative society as are due from him. **22. Disposal of application for admission of member:- A co-operative society** other than a producers co-operative society shall dispose of an application received for admission as a member as early as possible and in no case later than the expiration of a period of one month from the date of receipt of the application by the co-operative society. In case of refusal to admit, such co-operative society shall communicate its decision together with reasons thereof, to the applicant. **23. Withdrawals From Membership:- (1) In a co-operative society with unlimited** liability, a member who is not indebted to the co-operative society and is not a surety for an unpaid debt may withdraw from the co-operative society after giving such notice to the secretary of the co-operative society as may be laid down in the bye-laws of the co-operative society. (2) In a co-operative society with unlimited liability a member, who withdraws or otherwise removed or expelled from the co-operative society shall be entitled to repayment, without interest, any money paid by him or his predecessor-ininterest towards the purchase of shares after such period as may be laid down in the bye-laws of the co-operative society. (3) No member of a co-operative society with limited liability shall ordinarily be permitted to seek withdrawals or refund of his shares. Provided that where the society has created a share transfer fund out of its earned profits its managing committee may, keeping in view the over-all interest of the co-operative society, allow withdrawals of shares. Provided further that such withdrawal of shares at any time shall not exceed five percent of the aggregate paid up share capital of the co-operative society, excluding Government contribution as it stood on the thirtieth June of the preceding year. (4) Irrespective of nature of liabilities of a co-operative society the share capital subscribed by the Government or by a central or apex co-operative financing institution will be retired in such manner and during such period as may be determined by the Registrar from time to time. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **24. Nomination of heir:- (1) Every member of a co-operative society shall** nominate a person or persons to whom his share or interest referred to in section 21 or such sums out of share or interest as may be specified by the member, shall, on the death of the member be transferred or paid as laid down in the bye-laws. (2) Such nomination may, from time to time, be revoked or modified by the member. (3) The number of persons who may be nominated by a member shall not exceed the number of shares held by him. (4) When a member of a co-operative society nominates more than one person, he shall, as far as practicable, specify the amount to be paid or transferred to each nominee in terms of whole share and the interest accruing thereon. (5) The record of nomination shall be kept by a co-operative society in such manner as may be laid down in the bye-laws. (6) The value of the share or interest transferred or paid to a nominee or nominees shall be determined on the basis of the sum paid by the member to acquire such share or interest, unless the bye-laws of the co-operative society provide for calculation on different basis. **25. Maintenance of Register of Members:- Every co-operative society shall** maintain a register of member showing: (a) the name, address and occupation of each member and a statement of shares held by him. (b) the date on which the member’s name was entered in the register: (c) the date on which any person ceased to be a member; and (d) the nominee appointed by a member. ###### CHAPTER IV GENERAL MEETING **26. Powers of General Meeting:- Without prejudice to the provisions of** section 24, the general meeting of a co-operative society, alone shall have the power to transact the following business: (a) Fixing the maximum credit limit of the co-operative society, subject to the approval of the Registrar; and (b) Expulsion of members. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **27. Election of Committee:- The members of the committee of a co-operative** society shall be elected in accordance with the rules given in appendix ‘F’. **28. Proportion of individuals and co-operative Societies for Constituting** **Committee:- in a co-operative society, the membership of which is not exclusively** confined to individuals, the representative of the individuals and co-operative societies on the committee and the general body shall be such as may be laid down in the bye-laws of the co-operative society. **29. Disqualification for Membership of Committee:- No person shall be eligible** for election as a member of the committee if: (a) he is in default in any co-operative society in respect of any sum due from him to the co-operative society or owes to any co-operative society an amount exceeding maximum credit limit; (b) he has directly, or indirectly any interest in any contract to which the co operative society is a party except in transactions made with the co-operative society as a member in accordance with the objects of the co-operative society as stated in the bye-laws; (c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers engaged in any private business, trade or profession of any description which is carried on by the co-operative society. (d) he has committed any offence involving dishonesty or moral turpitude during a period of five years immediately preceding to the date of scrutiny of nomination papers; (e) he is subject to any of the disqualifications contained in rule 30; (f) he has during a period of twelve months immediately preceding the date of filing nomination papers remained inactive as member or has been carrying on, through agencies other than a co-operative society of which he is a member, same business as is being carried on by the co-operative society. (g) he incurs any other disqualification laid down in the bye-laws of the co operative society. **30. Cessation of Membership of Committee:- A member of the committee shall** cease to hold his office as such if he: (a) continues to be in default in respect of any sum due from him to the co operative society for such period as may be laid down in the bye-laws: (b) Ceases to be a member of the society; (c) is declared insolvent; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (d) becomes of unsound mind; (e) is convicted of an offence involving dishonesty or moral turpitude; and (f) becomes subject to any of disqualification which would have prevented him from seeking election, had he incurred that disqualification before election. **31. Division of area of Co-operative Society into zones:- The Registrar may in** cases as he thinks fit, divide the area of operation of a co-operative society into zones not exceeding in number than the number of members to be elected for the committee. ***32. Qualifications and conditions of service of employees:- *(1) The** qualification and conditions of service subject to which any persons may be employed by a co-operative society or a class of co-operative societies shall be such as may be determined by the Lieutenant Governor (Administrator), A&N Islands. *(2) Where the Lieutenant Governor (Administrator) is of the opinion that it is necessary or expedient so to do, he may by order for reasons to be recorded in writing, relax the provisions of this rule with respect to any co-operative society or class of co-operative societies to such extent as he may consider proper. ###### CHAPTER V WORKING OF CO-OPERATIVE SOCIETIES **33.** **_Manner of certifying copies of entries in books: - For the purpose of_** section 36, a copy of an entry in the books of a co-operative society shall be certified by a certificate written at the foot of such copy declaring that it is true copy of such entry and that the book containing the entry is still in the custody of the co-operative society: Provided that such certificate shall be dated and signed by an officer of the co-operative society. **34.** **_Loans and Subsidies by Government: - Loans and subsidies to a co-_** operative society or class of co-operative societies may be granted by Government on such terms and conditions as may be laid down by the Government by general or special order from time to time. *** (The Andaman and Nicobar Islands Co-operative Societies Rules, 1974** **(hereinafter called principal rules) the existing provisions against sub rule (1)** **sub-rule (1) & (2) of rule 32 substituted vide A&N Administration, Registrar** **of Co-operative Societies’ Notification No. 267/F.No.RCS/26-5/2009 dated** **21.02.2011, A&N Islands Co-operative Societies (Amendment) Rules, 2010)** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **35. Manner of making Application for Loan or Subsidy: - An application by a** co-operative society for a loan or subsidy or both from a Government department or a Government sponsored agency shall be made through the Registrar. While forwarding the application the Registrar shall record his opinion regarding the eligibility of the co-operative society for the said loan or subsidy or both, its financial position and the desirability of sanctioning to the co-operative society, the said loan or subsidy or both. **_36. Submission of information and returns by Co-operative societies having_** **_State participation:- A co-operative society receiving Government loan or_** subsidy or a co-operative society in which a share or shares have been subscribed or liability by way of guarantee or borrowing not less than fifty percent of the working capital of the co-operative society has been undertaken by the government shall furnish such information and submit such returns as the sanctioning authority or the Registrar may, from time to time, require. **_37. Reserve Fund: - (1) the Reserve fund of a Co-operative society or class of co-_** operative societies may with the specific approval of the Registrar in writing, be utilised in the business of the co-operative society. (2) Reserve Fund shall be indivisible and no member shall be entitled to claim specified share in it. Provided that in exceptional circumstances and with the prior approval of the Registrar the reserve fund may be utilized in meeting losses. (3) No co-operative society whose reserve fund has been invested or deposited in the manner prescribed in section 44, shall draw upon pledge or otherwise employee such fund except with the sanction of the Registrar previously obtained in writing. **_38. Payment of Dividend or Bonus: - (1) in no co-operative society the dividend_** shall exceed ten percent per annum on paid up share capital. (2) In a co-operative society with an unlimited liability, on dividend or bonus shall be paid, until a period of five years has elapsed from the date of registration. (3) No dividend shall be paid by the co-operative society while any claim due from the co-operative society to a depositor or lender remains unsatisfied. (4) The Registrar may by general or special order direct that a co-operative society shall not pay dividend or shall pay dividend at reduced rate so long as it receives loans and deposits from non members. **39.** **_Net Profit: - The net profit of a co-operative society shall be the profit_** remaining after allowing for the following charges in addition to those specified in clause (h) of rule 2, namely: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (a) all other usual working charges such as repairs, rent, taxes, depreciation and irrecoverable amounts written off; (b) capital expenditure written off, either wholly or in part; (c) capital loss actually incurred and not adjusted against any fund created out of profits; (d) provisions for estimated bad debts, doubtful debts if any; (e) expenses incurred in connection with the meetings and elections; and (f) any other revenue expenditure. **_40. Creation of Co-operative Education Fund: - Every co-operative society shall_** contribute three percent, out of its net profit of the year to the co-operative education fund to be administered by State Co-operative Union. The contributions payable by a co-operative society shall be a charge on funds of co-operative society and shall be recoverable in the manner as provided for in section 67. The State Co-operative Union shall prepare regulations with the approval of the Registrar for the utilization and administration of the fund. **_41. Investment of Fund: - (1) Besides the manner provided in section 41, a co-_** operative society may invest or deposit its funds or a portion thereof: (a) in any bonds, certificates or loans issued by the Government; (b) in debentures floated by a co-operative society; and (c) with the previous sanction of the Registrar in the purchase of lease of land or building or in the acquisition, construction or in renewal of any building that may be necessary to conduct its business. (2) The amount of the funds invested under clause (c) of the sub-rule (1) shall be recouped in such terms as may be determined in each case by the Registrar. (3) The provisions of clause (c) of sub rule (1) shall not apply: (a) to immovable property purchased (i) by a co-operative society at a sale held in execution of a decree obtained by it or the recovery of any sum due to it; or (ii) by a financing bank at sale held in execution of a decree obtained by a co-operative society financed by it for the recovery of any sum due to such society or at sale brought about by the liquidator of such co-operative society ; or (b) to the purchase or lease for lands or purchase, construction or renewal of buildings by a co-operative society whose object according to its bye-laws includes such purchase, lease, construction or renewal. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **_42. Writing off of Bad Debts and Losses: - (1) All loans including interest_** thereon and recovery charges in respect thereof which are found irrecoverable and are certified as bad debts by the auditor under section 48, shall first be written off against the bad debts fund if any and the balance, if any, may be written off against the reserve fund and the share capital of the co-operative society. (2) All other dues and accumulated losses or any other loss sustained by the co-operative society which cannot be recovered and has been certified as irrecoverable by the auditor may be written off against the reserve fund and the share capital of the co-operative society **Provided that-** (1) No bad debts or losses shall be written off without the sanction of the general body; (2) before any such bad debts or losses is so written off, the co-operative society, if it is affiliated to Central or Apex bank shall first obtain approval of that bank in writing and also the approval of the Registrar. If the co-operative society is affiliated but not indebted to the central or apex bank and in all other cases it shall obtain the approval of the Registrar in writing. If the co-operative society is an apex bank, approval of the Registrar shall first be obtained: Provided that in case of co-operative societies classified as ‘A’ or ‘B’ at the time of last audit, no such permission need be taken, if the bad debts are to be written off against the bad debt fund especially created for the purpose. Provided further, that the Registrar may, while giving his approval, impose such conditions as to the recoupment of the bad debt fund and restoration of part or whole of the amount written off against the reserve fund, out of future profits as he deem fit. **43. Maximum Credit Limit of Members: - The bye-laws of a co-operative society** shall lay down limit beyond which a co-operative society may not advance loans to individual members without the Registrar’s prior consent. **44. Nature and Extent of Security of Loans: - The Registrar may from time to** time, issue such directives as her considers necessary for regulating the extent of security which a co-operative society or class of co-operative societies may demand in respect of loans advanced by it. - 44.(a) Form of agreement under Sub-section(1) of Section 39 – An agreement under sub-section (1) of section 39 shall be executed in Form given in Appendix ‘K’. *** (Rule 44(a) inserted in the A&N Islands Co-operative Rules, 1974(Amendment)vide** **A&N Administration, Secretariat’s Notification No.103/F.No.1/1(135) /75.Dev.II** **(Vol.II) dated 20[th] May,1977).** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **_45. Restriction on Grants of Loans by a Co-operative Society against its_** **_Own Shares: - No Co-operative society shall grant loans or make advances_** against the security of its own shares. **_46. Declaration under section 32:- (1) A declaration under clause (i) or (ii) of_** section 32 shall be made in the Form given in Appendix ‘G’. (2) A register of such declaration to be kept by the co-operative society shall be in the Form given in Appendix ‘H’. **_47. Restriction on borrowing by Co-operative societies:- (1) Subject to_** provisions of sub-rule (2), a co-operative society shall not receive deposits and loans whether from members or non members which exceed the limit fixed from time to time in a general meeting, subject to the Registrar, who may, at any time reduce it. (2) A Co-operative society which accepts deposits and loans from members only and has no liability to any persons other than the members, may receive such deposits and loans in excess of the limits referred to in sub-rule (1), if the exceed amount is deposited in a co-operative bank to which it is affiliated or is invested in Government securities in section 20 of the Indian Trust Act 1882; Provided that the amount so deposited or invested or any part thereof is not withdrawn or otherwise utilized except for the payment of the deposit accepted in excess of the aforesaid limit; **_48. Maintenance of Resources: - Every co-operative society accepting deposits_** and granting cash credits shall maintain fluid resources in such form and according to such standards as may be fixed by the Registrar from time to time by general or special order. **_49. Directives by Registrar for Successful Conduct of the Business:- The_** Registrar may, from time to time issue such directive as he considers necessary for the successful conduct of the business of a society or class of co-operative society. **_50. Restriction on Appointment of Relative to an Office: - Save in a_** producer’s co-operative society, no relative of any member of committee or of any other officer of co-operative society shall be appointed to any office in the cooperative society, except with previous sanction of the Registrar. ###### CHAPTER VI AUDIT, INSPECTION, INQUIRY AND SURCHARGES **51. Audit: - (1) The audit under section 48 shall in all cases extend back to the** last date of previous audit and shall be carried out up to the last date of the cooperative year immediately preceding the audit or where the Registrar so directs **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** in the case of any particular co-operative society or class of co-operative societies, such other date as may be specified by Registrar. (2) Unless the Registrar directs otherwise, the audit of a co-operative society as provided in section 48 of the Regulation, shall be conducted in the registered office of the co-operative society. (3) The officers and the employees of co-operative society shall give the auditor all assistance necessary for the conduct and completion of audit and take such action with regard to the verification or examination of its accounts and stock as he may require. (4) The Registrar shall, in cases where the audit is done by him, prepare, and in case where the audit so done by a person authorised by him under subsection (1) of section 48, obtain from such person, an audit report in the form specified by the Registrar on the account and on every balance sheet and profit and loss account examined by him and shall state whether in his opinion and to the best of his information as given to him, the said accounts give all the information required by the Regulation and give a true and fair view: (i) in the case of the balance sheet, of the state of the affairs of the co-operative society as at the end of the co-operative year or any other subsequent date to which the accounts are made up and examined by him; and (ii) in the case of profit and loss account, the profit or loss of the co-operative year, or the period covered by audit, as the case may be. (5) The audit, report shall include statement under the appropriate parts with full particulars of: (a) all transactions which appear to be contrary to the provisions of the regulations, rules or the bye-laws of the co-operative society; (b) all sums which ought to have been but not have been brought into account by the co-operative society; (c) the amount of any deficiency or loss which appears to have been incurred by breach of trust, wilful negligence, misappropriation or fraudulent retention of any money or property of any person; (d) any transaction which appears to him to require further investigation; (e) any of the assets which appear to be bad or doubtful; and (f) any other matters specified by the Registrar in this behalf. (6) The person who does the audit shall also state: (a) Whether he had obtained relevant records/information which to the best of his knowledge and belief were necessary for the purpose of his audit; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16** (b) Whether in his opinion proper books of accounts, as required by the Regulation, rules and the bye-laws of the co-operative society have been kept and regularly maintained by the co-operative society so far as it appears from his examination of such records; and (c) Whether the balance sheet and final accounts examined by him are in agreement with books of accounts and returns of the co-operative society. (7) Where any of the matters referred to in sub rule(6) are answered in the negative or with a qualification, the person who does the audit shall specify in his audit report the reasons for such facts and figures in support of such reasons. (8) The auditor shall examine the monetary transactions of a society in so far as may be necessary for the purpose of ascertaining whether there has been any material impropriety or irregularity in the expenditure or in the realisation of moneys due to the co-operative society and whether any transaction infringe any provisions of the Regulation, Rules or bye-laws or any directions of the committee. In case of difference of opinion between the auditor and the co-operative society in regard to the propriety of any of its monetary transactions; the Registrar shall decide the matter and his decision shall be final. (9) The Registrar shall issue direction regarding treatment of certain assets as bad and doubtful. Before proceeding to take action to write off any assets considered bad all possible steps be taken by the committee to realise the same. Any assets considered bad and irrecoverable may be written off by the general body meeting; provided, any approval of the financing agency if any and the Registrar is obtained before the writing off is made. (10) After every audit, the Registrar shall grand to the concerned co-operative society an audit certificate and copy of the audit report duly signed by him after exercising the test audit wherever necessary. The Registrar may modify or expunge any portion of the audit report which appear to him objectionable or not justified by fact. (11) The Co-operative society shall publish (i) the audit certificate granted by Registrar under sub rule (10), (ii) the statements showing the receipts and disbursements, profit and loss ] accounts and the balance sheet in the manner specified by the Registrar and shall keep them open for inspection by any member of the co-operative society. The summary of defects as revealed by audit report shall also be read out in the general body meeting of the co-operative society. A rectification of the report based on the deliberations of the meeting on the defect pointed out in the audit report shall be forwarded to the Registrar within three month of the receipt of the report by the co-operative society. The Registrar may direct the co-operative society or its officers to take such action, and within such time, as may be specified by him, to remedy the defects disclosed in the audit. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16** **_Explanation: - (i) For the purpose of this chapter, audit shall include annual or_** periodical audit, continuous or concurrent audit and test or super audit and reaudit. (ii) For the purpose of this rule: A person authorised” means ***(a) A person who is serving in the Co-operative Department of this Union** Territory and authorized to audit the accounts of the Co-operative Societies. ***(b) A person who holds a Higher Diploma in Co-operation or Diploma in Co-** operative Audit or Co-operative Management or Degree in Cooperation or Degree in Commerce and whose name is included in the panel of certified auditors of Co-operation Societies maintained in the office of the Registrar of Co-operative Societies. ***** In the said rules the following provisions shall be inserted as item(C) after item** (b) under explanation (ii) of rule 51 : “(C) an ‘Accountant’ means a Chartered Accountant whose name is included in the panel of certified Auditors of Co-operative Societies maintained in the Registrar’s Office” ****** (12) Every registered Co-operative Society shall pay to the Government for** the audit of accounts conducted by the Co-operative Department for each Cooperative year in accordance with the scale prescribed in respect of class of society as under: i). The audit fee to be levied on a Co-operative Society shall not exceed Rs.25,000/- that the minimum fee payable by the society shall be Rs.250/- in a Co-operative year. ii). The scale of audit fees payable by the societies are as follows: a). The Co-operative Societies dealing in consumer goods shall pay audit fee at the rate of Rs.0.25 paise per every hundred rupees or part thereof on their sale in a co-operative year. ***** (Item (a) under explanation (ii) of rule 51 substituted vide A&N Administration, **Secretariat’s vide Notification No. F.No.30-51/94/Dev.I(Coop) dated 21.08.1997,** **A&N Islands Co-operative Societies (Amendment) Rules 1974)** **** (the explanation (ii) (b) substituted in sub-rule 11 of rule 51 of the principal rule** **1974, vide Registrar of Co-operative Societies’ Notification No.267/F.No.RCS/26-** **5/2009 dated 21.02.2011, A&N Islands Co-operative Societies (Amendment) Rules,** **2010)** (Item (C) inserted under explanation (ii) in sub-rule 11 of rule 51 vide A&N **Administration, Secretariat’s Notification No. F.No.30-51/94/Dev.I(Coop) dated** **21.08.1997, A&N Islands Co-operative Societies (Amendment) Rules 1974)** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** b). The audit fees to be levied in respect of Agricultural credit Co-operative Societies shall be at the rate of Rs.0.10 paise per every Rs.100/- or part thereof the working capital of the Institution. c). The audit fees to be levied in respect of Thrift and Credit Co-operative societies, Credit Co-operative and Co-operative Banks shall be paid at the rate of Rs.0.25 paise per every Rs.100/- or part thereof of the working capital of the institution. d). The scale of audit fees leviable from Transport Printing, Industrial Co operative Societies shall be at the rate of Rs.0.25 paise per every Rs.100/or part thereof the turnover of these societies in a Co-operative year. e). The scale of audit fees leviable from Labour Contract, Fisheries, Milk, Poultries Farming and other Agricultural Produces and Marketing Cooperative Societies, Co-operative Societies for tribal and weaker sections of the Society shall be at the rate of Rs.0.10 paise per every Rs.100/- or part thereof of the turnover of these societies in a co-operative year. f). In respect of Housing Co-operative Societies the audit fees chargeable at the rate of Rs.25/- per member upon the total member of these societies in each co-operative year. g). All other Co-operative Societies shall be required to pay audit fee at the rate of 3% of the net profit earned by the societies in each co-operative year. iii). Provided further that the scale of audit fees prescribed above shall not be apart to those Co-operative Societies which are being classified as ‘D’ Class by the Auditor and those Co-operative Societies which are being put under liquidation. These types of Co-operative Societies are being exempted from payment of audit fee. iv). In respect of Co-operative Societies, authorisation of audit of which is given to Chartered Accountants the rate of audit fee shall be negotiated by the concerned Chartered Accountant with management of the concerned Co-operative Society, subject to final approval of Registrar of Co-operative Societies in this regard. v). The audit fee payable by the Co-operative Societies whose audit is conducted by the departmental officers so authorised shall be deposited in the office of the Registrar of Co-operative Societies Andaman and Nicobar Islands and the receipt against it should be obtained under TR. ******* (13). The Registrar may at his discretion remit in whole or in part the** audit fees payable under clause (ii) of sub-rule (12) by the Society or a class of societies for any year or for any specific period. **(****Rule 12 and *****Rule 13 inserted after sub-rule (11) of Rule 51 vide A&N** **Administration, Secretariat’s Notification No. F.No.30-51/94-Dev.I(Coop) dated** **19.03.1999, A&N Islands Co-operative Societies (Amendment) Rules, 1999).** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **52. Procedure and Principles for conduct of Inspection and Inquiry: - (1) An** order authorising inspection under section 49 or section 51 or any inquiry under section 50 shall, among other things, contain the following: (a) name of the person authorised to conduct the inspection or inquiry; (b) the name of the co-operative society whose affair are to be inspected or inquired into; (c) the specific point or points on which inspection or inquiry is to be made, the period within which the inspection or inquiry is to be completed and report submitted to the Registrar; (d) cost of inquiry; and (e) any other matter relating to the inspection or inquiry as may be considered relevant by the Registrar. (2) A copy of every order authorising an inspection under section 49 or section 51 or an inquiry under section 50, shall be supplied to the federal cooperative society or societies to which the co-operative society in respect of which the order is issued, is affiliated. (3) If the inspection or inquiry cannot be completed within the time specified in the order referred to in sub-rule (1), the person conducting the inspection or inquiry shall submit an interim report stating the reasons for failure to complete the inspection or inquiry in time and the Registrar, if he is satisfied with such reasons may grant such extension of time for the completion of the inspection or inquiry as he may deem necessary or he may withdraw the inspection or inquiry from the person to whom it is entrusted and hold the inspection or inquiry himself or entrust it to such other person as deems fit. (4) On receipt of the order referred to in sub-rule (1), the person authorised to conduct the inspection or inquiry shall proceed to examine the relevant books of accounts and other documents in possession of the co-operative society or any of its officers, members, agents or servants and obtain such information or explanation from any such officer, member, agent or servant of the co-operative society in regard to the transactions and working of the co-operative society as he may deem necessary for the conduct of such inspection or inquiry. (5) The person authorised to conduct inspection or inquiry shall submit his report to the Registrar on all points mentioned in the order referred to in sub rule (1). The report shall contain his findings and the reasons therefore duly supported by such documentary or other evidence as recorded by him during the course of his inspection or inquiry. He may also specify in his report the costs of inspection or inquiry together with reasons and recommend to the Registrar the manner in which the entire cost of part thereof may be apportioned amongst the parties. The Registrar shall pass such orders thereon as may be considered just after giving a reasonable opportunity of being heard to the person or persons concerned. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (6) The cost of the inspection or inquiry apportioned by the Registrar under section 52 shall be recovered as provided for in section 53. The Registrar may direct that such costs or any part thereof shall be paid in the first instance from the funds of the co-operative society or in case of inspection, from the amount deposited by the creditor under clause (b) of sub section (1) of section 51 and then recovered and repaid to the co-operative society or the creditor, as the case may be. **_53. Requisition of the federal co-operative society for inquiry: - Any federal_** co-operative society duly authorised by a resolution of its committee may submit a requisition to the Registrar to hold an inquiry under section 50 in respect of any co-operative society affiliated to it, duly setting out the grounds on which the inquiry is sought. A copy of such requisition shall be supplied to the society in respect of which the requisition is made. **_54. Levy of audit fees and supervision charges: - (1) Every co-operative society_** which is subject to levy of audit fee as prescribed shall remit such fees in the mode specified by the Registrar within three months from the date of issue of demand notice in this behalf. (2) The Registrar may levy supervision charges payable annually, on or before specified date, on all or any class of co-operative societies including the cooperative societies under liquidation at such rate as may be fixed by him with the approval of Chief Commissioner. (3) Such charges, or fees if not paid by the specified date, shall be recovered as provided for in section 67. (4) The Chief Commissioner may authorise the Registrar to grant total or partial exemption from the payment of audit fee and / or supervision charges assessed to any co-operative society or class of co-operative societies. ###### CHAPTER VII SETTLEMENT OF DISPUTES **55.** **_Reference of Disputes: - When a party to any dispute referred to in sub-_** section (1) of section 55 desires to have such dispute determined in accordance with the said section, the party shall apply to the Registrar in writing, stating the substance of dispute and the name and address of the other party, in such form as the Registrar may lay down from time to time. 56. Arbitration Fee: - (1) The Registrar shall have power to require the person referring a dispute under sub section (1) of section 55 to deposit in advance the fee, if any, to be specified by the Registrar for deciding the dispute. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (2) The Registrar may, in such cases as he thinks fit, order the payment of fee to the arbitrator. It the Arbitrator happens to be an employee of the co-operative department, no fee shall be paid to him and the entire amount recovered towards his fee shall be treated as Government revenue and credited to the Government Account. (3) No fee shall be payable to an arbitrator till the dispute referred to him is finally decided. (4) The Registrar, may, in his discretion, remit the whole or any part of the fees under sub-rule (1) **_57. Communication of date, time and place of hearing: - In an arbitration_** proceeding, the Registrar or the arbitrator, as the case may be, shall communicate the date, time and place of hearing of the dispute to all the parties concerned. **_58. Power to appoint Guardian for minor etc:- The Registrar or the arbitrator,_** as the case may be, shall have power to appoint or remove a guardian for the party to the dispute who is a minor or who by reasons of unsound mind or mental infirmity, is incapable of protecting his interest. **_59. Hearing of Disputes: - The Registrar or the arbitrator, as the case may be,_** shall hear the parties and witnesses who attend. On the basis of such evidence and after consideration of any documentary evidence that may be produced by either party, he shall give a decision or award, as the case may be in accordance with justice, equity and good conscience. The decision or award shall be reduced to writing, announced to the parties and filed with the office of the Registrar. In the absence of any party duly summoned to attend the dispute may be decided exparte. **_60. Cost of Arbitration: - The arbitrator or the Registrar, as the case may be,_** shall have the power to order the expenses of determining a dispute or the cost of either party to be borne by such party or parties to the dispute as he may deem fit. The amount of advance, if any, deposited by the party concerned with the arbitrator under rule 56 (1) shall, however, be adjusted against the cost so determined and the balance amount will be payable by the party concerned. **_61. Maintenance of record of Arbitration: - (1) The record of arbitration_** proceedings shall be kept in such place and in such manner as the Registrar may direct. (2) A copy of decision or award shall, on application, be given to a party interested in the dispute by the Registrar on payment of such fees as are laid down in rule 82 of these rules. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### CHAPTER VIII WINDING-UP AND CANCELLATION **62. Procedure to be followed by Liquidators: - (1) A liquidator appointed under** section 58 shall as soon as order of winding-up of a co-operative society takes effect publish by such means as he may think proper, a notice requiring all claims against the co-operative society, the winding up of which has been ordered, to be submitted to him within one month of the publication of the notice. All liabilities recorded in account book of a co-operative society shall be deemed _ipso facto to have been duly submitted to him under this sub-rule._ (2) The liquidator shall, after setting the assets and liabilities of the co operative society as they stood on the date on which the order for winding up is made, proceed next to determine the contribution to be made by each of its members, past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officer to the assets of the co-operative society under clauses (b) & (e) of sub section (2) of section 59. Should necessity arise, he may, make a subsidiary order regarding such contributions and such order shall be enforceable in the same manner as the original order. (3) The liquidator may at any time, call a meeting of the members or the creditors or a joint meeting of the members and creditors and such meeting shall be called, held and conducted at such time and place and in such manner as the liquidator may deem fit. **_63. Approval by Registrar of orders of Liquidator: - An order passed by the_** liquidator under clause (b) of sub section (2) section 59 shall be submitted by him to the Registrar for approval. The Registrar may modify such order or refer it back to the liquidator for further inquiry or action. **_64. Submission of Quarterly Report by Liquidator:- The liquidator shall_** submit to the Registrar a quarterly report in such form as the Registrar may specify showing the progress made in the liquidation of the co-operative society. **_65. Deposit of Funds by Liquidator: - All funds in charge of the liquidator shall_** be deposited with such institutions or person as the Registrar may approve. **_66. Expenses incurred by Liquidator: - All expenses incurred in connection_** with the winding up of the co-operative society shall be subject to the approval of the Registrar. **_67. Distribution of Assets: - The liquidator shall distribute the realised assets in_** such manner and in such priority as the Registrar may direct. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **_68. Remuneration of Liquidator: - The remuneration fixed under section 58 (i)_** shall be included in cost of liquidation which shall be payable out of the assets of the co-operative society under liquidation in priority to all other claims. **_69. Disposal of surplus Assets: - After discharging the liabilities of the co-_** operative society and repayment of share capital, the liquidator may, utilize the surplus assets, if any, for one or more of the following purposes namely: (a) Deposit the amount in a co-operative bank until a new co-operative society with similar area of operation and objects are registered when it shall be credited to the reserve fund of the new co-operative society. (b) any purpose connected with development of co-operative movement, subject to the approval of Registrar; (c) an object of public utility selected with due regard to the wishes of the members and approved by the Registrar. **_70. Liability due to claimants whose whereabouts not known:- If any liability_** cannot be discharged by the liquidator owing to the whereabouts of the claimants being not known or for any other cause, the amount covered by undischarged liability may be deposited in the co-operative bank, having jurisdiction over the area in which the co-operative society was functioning and shall remain at the disposal of the claimant for a period of three years after which the undrawn amount, if any, may be transferred to the State Co-operative Union for credit to the co-operative education fund. **_71. Removal of Liquidators: - A Liquidator may at any time be removed by the_** Registrar and he shall on such removal hand over all the properties and documents relating to the co-operative society under liquidation to such persons as the Registrar may direct. **_72. Maintenance of Accounts by Liquidators: - The liquidator shall keep such_** books and accounts as may be laid down by the Registrar from time to time. The Registrar may at any time cause such books and accounts to be audited. **_73. Final Report by Liquidator: - The liquidator shall after meeting the_** liabilities of the co-operative society submit a final report to the Registrar in such form as may, from time to time, be specified by the Registrar. **_74. Disposal of Records: - All the books and records of a co-operative society_** whose registration has been cancelled may be destroyed under the orders of the Registrar, after the expiry of a period of three years from the date of such cancellation. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### CHAPTER IX EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS **75. Manner of service of notice:- A notice under the provision to section 62** shall indicate the substance of the demand or debt due to the co-operative society and shall be served in the manner laid down for the service of summons in subrule (3) of rule 78. No order under section 62 shall be made until a period of thirty days has expired from the date of service of the notice. **76. Procedure in execution of awards etc.- (1) Any decree holder requiring the** provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated. (2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property. (3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer. (4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against. (5) In the seizure and sale of immovable property the following procedure shall be observed: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (a) The Sale Officer shall, after giving previous notice to the decree holder, proceed to the village or locality where the defaulter resides or the property to be distrained is situated and serve a demand notice to the defaulter if he is present. If the amount due together with the expenses is not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the defaulter a list or inventory of the property distrained and intimation of place and day and hour at which the distrained property will be brought to sale if the amount due are not previously discharged. If the defaulter is absent the Sale Officer shall serve the demand notice on some adult member of his family or on his authorised agent or when such service cannot be affected, shall affix a copy of the demand notice on some conspicuous part of the place where he ordinarily resides or carries on business. He shall then proceed to make the distress and shall fix the list of the property attached on some conspicuous part of the place where the defaulter ordinarily resides or carries on business endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale thereof. (b) After the distress is made, the Sale Officer may arrange for the custody of the property attached with the decree holder or otherwise. If the Sale Officer requires the decree holder to undertake the custody of the property, he shall be bound to do so and any loss incurred owing to his negligence shall be made good by the decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food for such livestock. The Sale Officer may, at the interest of the defaulter or any person claiming and interested to any such property, live in the village or place where it was attached in the charge of such defaulter or person if he enters into a bond in the form specified by the Registrar with one or more solvent sureties for the production of the property, when called for. (c) The distress shall be made after sun rise and before sun set and not at any other time. (d) The distress levied shall not be excessive, that is to say the property distrained shall be as nearly as possible proportionate to the sum due from the defaulter together with interest and all expenses incidental to the distraint, detention and sale. (e) If crops or un-gathered products of the land belonging to a defaulter are attached, the Sale Officer may cause them to be sold when fit for reaping or gathering or at his discretion may cause them to be reaped or gathered in due seasons or time and stored in proper place until sold. In the later case, the expenses of reaping or gathering and storing of such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (f) The Sale Officer shall not work the bullocks or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or live stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. (g) It shall be lawful for the Sale Officer to force open any stable cow house, granary, godown out house or other building and he may also enter in any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching any property belonging to a defaulter lodged therein provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house for the Zenana or residence of women except as here-inafter provided. (h) Where the Sale Officer has reason to believe that a property of a defaulter is lodged within a dwelling house, the outer door of which is shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the facts to the officerin-charge of the nearest police station. On such representation, the officerin-charge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any room within the house except the Zenana. The Sale Officer may also in the presence of a police officer and after giving due notice for the removal of the women within a Zenana and after furnishing the means for their removal in a suitable manner if they be women who according to the custom and usage cannot appear in public, enter the Zenna apartments for the purpose of distraining the defaulter's property, if any, deposited therein but such property, if found shall be immediately removed from such apartment after which they shall be left free to the former occupants. (i) The Sale Officer shall, on the day previous to and on the day of sale, cause proclamation of the time and place of the intended sale to be made by beat of drum in the village or locality in which the defaulter resides and in such other place or places as the officer may consider necessary to give due publicity to the sale. No sale shall place until after expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner indicated in clause (a) provided that where the property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of fifteen days, unless the amount due is sooner paid. (j) At the appointed time, the property shall be put up in one or more lots as the Sale Officer may consider advisable and shall be disposed of to the highest bidder. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Provided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appear to be unduly low or for other reasons. Where the property is sold for more than the amount due the excess amount, after deducting the interest and expenses of process or/and other charges shall be paid to the defaulter. Provided further, that the Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified date and hour recording his reasons for such adjournment. Where the sale is so adjourned for a longer period than seven days, a fresh proclamation shall be made unless the defaulter consents to waive it. (k) The property shall be paid for in cash at the time of or as soon after as the Sale officer shall appoint and the purchaser shall not be permitted to carry away any part of the property until he has made payment thereof in full. Where the purchaser fails in the payment at purchase or bid money, the property shall be resold. (l) Where it is proved to the satisfaction of any Civil Court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed by any person the Court may order such property to be restored forthwith to the Sale Officer. (m) Where prior to the day fixed for sale, the defaulter or any person acting on his behalf or any person claiming any interest in the property attached, pays the full amount due including interest and / or other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith. (n) The movable property mentioned as exempted from attachment in the provision to sanction 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall not be liable to attachment or sale under these rules. (6) Where the movable properties to be attached is the salary or allowance or wages of a public officer or of a servant of a local authority or a firm or a company or any other institution, the Recovery Officer may on receiving a report from the Sale Officer, order the employer concerned that the amount shall subject to the provision of section 60 of Code of Civil Procedure, 1908 (5 of 1908) be with-held from such salary or allowance or wages either in one payment or by monthly instalments as the recovery officer may direct and upon the notice of the order, the officers or employer shall with-hold and remit to the Sale Officer the amount due under the order or the monthly instalments, as the case may be. (7) (i) Where the property to be attached consists of a share or interest of the defaulter in movable property belonging to him and another as co-owner, the attachment shall be made by a notice to the defaulter, prohibiting him from transferring the share or interest or charging it in any way. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (ii) Where the property to be attached is a negotiable instrument not deposited in a court nor in the custody of a public officer, the attachment shall be made by actual seizure and the instrument shall be brought to the officer of the Recovery Officer ordering the attachment and be held subject to his further order. (iii) Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer requesting that such property or any interest or dividend becoming payable hereon may be held subject to further orders of the Recovery Officer issuing the notice; Provided that where such property is in the custody of court, any question of title or priority arising between the decree holder and any other person not being the defaulter claiming to be interested in such property by virtue of any assignment, attachment or otherwise shall be determined by such court. (8) (i) Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge the attachment shall be made by the order of the Registrar if the decree sought to be attached is under section 56 or by an arbitrator. (ii) Where the property is to be attached is a decree of the nature referred to in clause (i) the attachment shall be made by the issue of a notice by the Recovery Officer to the holder of such decree, prohibiting him from transferring or charging the same in any way. (iii) The holder of a decree attached under this sub-rule shall give the Recovery Officer executing the decree such information and aid may reasonably be required. (iv) On the application of the holder of a decree sought to be executed by the attachment of another decree the Recovery Officer making an order of attachment under this sub-rule shall give notice of sub order to the defaulter bound by the decree attached, and no payment of adjustment of the attached decree made by the defaulter is contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, shall be recognised so long as attachment remains in force. (9) Where the movable property to be attached is: (a) a debt due to the defaulter in question; or (b) a share in the capital of a corporation or a deposit invested there in; or (c) other movable property and in the possession of the defaulter, except property deposited in or in the custody, of any civil court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (i) in the case of a debt, the creditor from recovering the debt and the debtor from making payment thereof; (ii) in the case of a share or deposit, the person in whose name the share or deposit may be standing, from transferring the share or deposit or receiving any dividend or interest thereon; and (iii) in the case of any other movable property not in the possession of the defaulter, the person in possession of it from giving it over to the defaulter. A copy of such order shall be sent in the case of debt, to the debtor in the case of share or deposit to the proper officer of the corporation and in the case of the movable property except as aforesaid to the person in possession of such property. As soon as debt referred to in clause (a) or the deposit referred to in clause (b) above mature, the Recovery Officer may direct the person concerned to pay the amount to him. Where the share is not withdrawable, the said Recovery Officer shall arrange for its sale through a broker. Where the share is withdrawable, its value shall be paid to the Recovery Officer or to the party referred to in clause(e) the person concerned shall place it in the hands of the said Recovery Officer as it becomes deliverable to the defaulter. (10) The immovable property shall not be sold in execution of a decree; unless such property has been previously attached; Provided that the decree has been obtained on the basis of a mortgage of such property, it shall not be necessary to attach it. (11) In the attachment and sale without attachment of immovable property, the following procedure shall be observed: a) The application presented under sub rule (i) shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or number and specification of the defaulter's share or interest in such property to the best of the belief of the decree holder and so far as he has been able to ascertain it. b) The demand notice issued by the Recovery Officer under sub rule (3) shall contain the name of the defaulter, the amount due including the expenses, if any, the time allowed for payment in case of non-payment the particulars of properties to be attached and sold or to be sold without attachment as the case may be. After receiving the demand notice the Sale Officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if personal service is not possible shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment as the case may be. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Provided that where the Recovery Officer is satisfied that a defaulter with intent to defeat or delay the execution proceedings against him is about to dispose of the whole or part of his property, the demand notice issued by the Recovery Officer under sub-rule (3) shall not allow any time for the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith. c) If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Sale Officer shall proceed to attach and sell or sell without attachment, as the case may be, the immovable property noted in the application for execution in the manner specified below. d) Where attachment is required for sale, the Sale Officer shall if possible cause a notice of attachment served on the defaulter personally. Where personal service is not possible, the notice shall be affixed in some conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by the beat of drum or other customary mode at some place on or adjacent to such property and such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall be set forth that unless the amount due with interest and expenses if any, be paid within the date therein mentioned the property will be brought to sale. A copy thereof shall be sent to the decree holder. Where the Sale Officer so directs, the attachment shall be notified by public proclamation in the Official Gazette. e) Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer and Tehsil Office in which the property is situated at least thirty days before the date fixed for the sale and also by beat of drum in the village or locality on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of the sale. Such proclamation shall, where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree holder and the defaulter. The proclamation shall state the time and place of sale and specify as fully and accurately as possible : (i) the property to be sold; (ii) any in-cumbrance to which the property is liable; (iii) the amount for the recovery of which sale is ordered; and (iv) every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and the value of the property. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** f) When any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realisation of which the sale is held exceeds rupees one hundred, furnish to the Sale Officer within such time as may be fixed by him or by the Recovery Officer an encumbrance certificate from the Registration Department or Revenue Department for a period of not less than twelve years prior to the date of the attachment of the property sought to be sold, or in case falling under the provision to sub-rule (10), prior to the date of application for execution. The time for the production of encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The sale shall be by public auction to the highest bidder; provided that it shall be open to the Sale Officer to decline to accept the highest bid where price offered appears to be unduly low or for other reasons and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reason for such adjournment. Where a sale is so adjourned for a longer period than seven days a fresh proclamation under clause (e) shall be made unless the defaulter consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which the notice of the proclamation was affixed in the office of the Recovery Officer. The time and place of the sale shall be fixed by the Recovery Officer and the place of sale shall be the village or locality, where the property to be sold is situated or such adjourning prominent place of public resort as may be fixed by the said Recovery Officer; Provided that in cases where an encumbrance certificate is not obtainable owing to destruction of the connected records, an affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department or Revenue Department that the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in place of an encumbrance certificate. g) A sum of money equal to fifteen percent of the price of the immovable property shall be deposited by the purchaser in the hands of the Sale Officer at the time of the purchase, and in default of such deposit the property shall be forthwith resold; Provided that where the decree holder is the purchaser and is entitled to set off the purchase money under clause (k) the Sale Officer shall dispense with the requirement of this rule; h) The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale; **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Provided that the time for the payment of cost of the stamp may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer upto thirty days from the date of sale. Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set off to which he may be entitled under clause (k). i) In default of payment within the period mentioned in the last preceding clause, the deposit, may, if the Recovery Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government and defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. j) Every resale of immovable property in default of payment of the amounts mentioned in the clause (h) within the period allowed for such payments shall be made, after the issue of the first proclamation in the manner and for the period hereinbefore prescribed for the sale. k) Where a decree holder purchase the property, the purchase money and the amount due on the decree shall be set off against one and other and the Sale Officer shall enter up satisfaction of the decree in whole or in part accordingly. (12) Where prior to date fixed for a sale, a defaulter or any person acting on his behalf or any person claiming any interest in the property sought to be sold, tenders payment of the full amount due together with interest, travelling and other expenses incurred in bringing the property to the sale including the expenses of attachment, if any, the Sale Officer shall forthwith release the property, after cancelling, where the property has been attached, the order of attachment. (13) (i) where immovable property has been sold by the Sale Officer, any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may, apply to have the sale set aside on his depositing with the Recovery Officer: a) for payment to the purchaser a sum equal to five percent of the purchase money; and b) for payment to the decree holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other costs due in respect of such amount less amount which may since the date of such proclamation have been received by the decree holder. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (ii) if such deposit and application are made within thirty days from the date of sale, the Recovery Officer shall pass an order setting aside the sale and shall repay to the purchaser, the purchase money so far as it has been deposited together with the five percent deposited by the applicant. Provided that if more persons than one have made deposit and application under this sub-rule, the application of the first depositor to the officer authorized to set aside the sale, shall be accepted. (iii) If a person applied under sub-rule (14) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule. 14 (i) At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share in a rateable distribution of assets or whose interest are affected by the sale may apply to the Recovery Officer to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it; Provided that no sale shall be set aside on the ground of irregularity or fraud, unless the Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud. (ii) If the application be allowed, the Recovery Officer shall set aside the sale and may direct a fresh sale. (iii) On the expiration of thirty day from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected, the Recovery Officer shall make order confirming the sale; Provided that if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made or on ground other than those alleged in any application which has been made and rejected may, after recording his reasons in writing set aside the sale. (iv) After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature to the purchaser and such certificate shall state the property sold and name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all court and tribunals where it may be necessary to prove it and no proof of the sale or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reason to doubt its genuineness. (15) Where any lawful purchase of immovable property is resisted or prevented by any person other than any person (not being the defaulter) claiming in good faith to be in possession of the property on his own account from obtaining possession of the immovable property purchase, any court of competent jurisdiction, on an application and production of the certificate of sale provided for sub-rule (14), shall cause the proper process to be issued for the purpose of putting such purchase in possession in the same manner as if the immovable property purchased had been decreed to the purchaser by a decision of the court. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (16) It shall be lawful for the Sale Officer to sell the whole or any portion of immovable property of a defaulter in discharge of money due; Provided always that, so far as may be practicable, no larger section or portion of immovable property shall be sold than may be sufficient to discharge the amount due with interest and expenses, if any, of attachment and sale. (17) Where an attachment has been made under these rules, any private transfer or delivery of property attached or of any interest therein and any payment to the defaulter of any debt, dividend or any other money contrary to such attachment shall be void as against all claims enforceable under the attachment. **Explanation: - For the purpose of this sub-rule claims enforceable under** an attachment include claims for the rateable distribution of assets under subrule (24). (18) Persons employed in serving notice or other process under these rules shall be entitled to travelling allowance as admissible under the rules in force if he is a Government Servant and to others, at the rates, approved and fixed by the Registrar in consultation with the Recovery Officer from time to time. (19) Where the cost and charges incurred in connection with the attachment and sale of movable property or the attachment and sale or sale without attachment of immovable property under this rule, exceeds the amount of the cost deposited by the decree holder, such excess shall be deducted from the sale proceeds of the property sold or the money paid by the defaulter as the case may be and the balance shall be made available to the decree holder. (20) Every person making a payment towards any money due for the recovery of which application has been made under the rule shall be entitled to a receipt for the amount duly signed by the Sale Officer or any other officer empowered by the Recovery Officer in that behalf. Such receipt shall state the name of the person making the payment and the subject matter in respect of which the payment is made. (21)(a) Where any claim is preferred or objection made to the attachment of any property attached under this rule on the ground that such property is not liable to such attachment; the Sale Officer shall investigate the claim or objection and dispose it off on merit. Provided that no such investigation be made when the Sale Officer consider the claim or objection to be frivolous. (b) Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer may postpone the sale pending the investigation of the claim or the objection. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (c) Where a claim or an objection is preferred, the party against whom an order is made may institute a suit within six months from the date of the order to establish the right which he claims to the property in dispute, but, subject to the result of such suits, if any, the order shall be conclusive. (22) (i) Any deficiency of price which may happen on a resale held under clause (j) of sub-rule(11) by reasons of the purchaser's default and all expenses arising out of such resale be certified by the Sale Officer to the Recovery Officer and shall at the instance of either the decree holder or the defaulter, be recoverable from the defaulting purchaser under the provisions of this rule. The costs, if any, incidental to such recovery shall also be borne by the defaulting purchaser. (ii) Where the property may, on the second sale, self for a higher price than at the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase. (23) Where any property has been attached in execution of a decree, but by reason of decree holder's default the Recovery Officer is unable to proceed further with application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date. Upon the dismissal of such application the attachment shall cease. (24) (a) Where the Sale Officer attaches or has attached under these rules, any proper in the custody of any court, which is already under attachment made in execution of a decree of any court, such court shall receive and realise such property and shall determine claims thereto and any objection to the attachment thereof; Provided that where the property is under attachment in execution of decree of more courts than one, the court which shall receive or realise such property shall determine any claim thereto and any objection to the attachment thereof, shall be to the court of the highest grade, or where there is no difference in grade between such courts, the courts under whose decree the property was first attached. (b) Where assets are held by the Sale Officer and before receipt such assets, demand notice in pursuance of applications of execution of decree against the same defaulter have been received from more than one decree holder and decree holders have not obtain satisfaction, the assets after deducting the cost of realisation, shall be rateably distributed by the Sale Office among-all such decree holders in the manner provided for in section 73 of the Code of Civil Procedure of 1908 (5 of 1908). **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (25) Where a defaulter dies before the decree has been fully satisfied, an application under sub-rule (1) may be made against the legal representative of the deceased and thereupon, all the provisions of this rule shall, save as otherwise provided in this sub-rule, apply as if such legal representatives were defaulters. Where decree is executed against such legal representative, he shall liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of and for this purpose, such legal representative shall produce such accounts in respect of such property to the satisfaction of the Recovery Officer as he thinks fit. (26) Where is connection with proceedings on an application under section 63 of the Regulation, any person requires the issue of any process or objects to any process issued or objects to any orders passed, he shall pay such fee as may be specified by the Registrar in this behalf. **77. Delegation of power under section 65 :- The powers of the Registrar under** section 65 shall not be exercised by an officer below the rank of Assistant Registrar. **78. Mode of service of Summons:- (1) Every summon issued under Regulation** shall be in writing, shall be authenticated by sale, if any, of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him in writing in that behalf. IT shall require the person summoned to appear before the said officer at a specified time and place and to give evidence or produce documents or for both purposes, and any particular document, the production of which is required, shall be described in the summons with reasonable accuracy. (2) Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce documents shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same. (3) The service of summons under the Regulation on any person may be effected in any of the following ways: (a) By giving of tendering it to such person; or (b) If such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or (c) If the address of such person is known to the Registrar or other authorised person, by seeding it to his by registered post; or (d) If none of the means aforesaid is available, by affixing it to some conspicuous part of his last known place of abode or business. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (4) Where the serving officer delivers or tenders copies of the summons to the dependent personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to give an acknowledgement of service duly endorsed on the original summons. (5) The serving officer shall in all cases in which the summon has been served under sub-rule (4) endorse or annex, or cause to be endorsed or annexed, on or to the original summon a return stating the time and the manner in which the summon was served and the name and the address of the person, if any, identifying the person served and witnessing the delivery or tender of the summon. (6) Where the party to be summoned is a public officer or is the servant of a company or local authority of any institution, the officer issuing the summons may, if it appears that the summons may be conveniently so served, send it by registered post pre-paid for acknowledgment for service on the party to be summoned to the head of the office in which he is employed, together with the copy to be served endorsed on the original summon. ###### CHAPTER X MISCELLANEOUS **79. Procedure regarding appeals:- (1) An appeal under the Regulation shall be** presented by the appellant or by his duty appointed agent. (2) When such an appeal is presented by an agent, it shall be accompanied by a letter of authority of appellant appointing him as such. (3) Every appeal shall be accompanied by a certified copy of the order against which the appeal is preferred. (4) Every appeal shall; (i) be either type written or hand written in ink legibly; (ii) specify the name and the address of the appellant and also the name and address of the opposite party, as the case may be. (iii) State by whom the order against which the appeal is preferred was made; (iv) Clearly state the grounds on which the appeal is made; (v) State precisely the relief which the appellant claims; and (vi) Give the date of the order appealed against. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (5) On receipt of the appeal, the appellate authority shall endorse on it the date of its receipt by it. The appellate authority shall as soon as possible, examine the appeal and satisfy itself that: (i) the person presenting it has the authority to do so; (ii) that it is made within the prescribed time limit; and (iii) that it conforms to all the provisions of the Regulation and these rules. (6) If the appellant authority finds that the appeal presented does not conform to any of the said provisions, it shall make a note on the appeal in that effect and may call upon the appellant or his agent to remedy the defects within a period of 7 days of the receipt of the notice to do so or in case, the appeal has not been presented within the prescribed time limit, to show cause within the said period of 7 days why it should not be dismissed for being time barred. (7) If the defect is remedied on the cause shown by the appellant or his agent satisfies the appellant authority, the appellate authority may proceed to consider the appeal. (8) If the appellant or his agent fails to remedy the defects or to show cause to the satisfaction of the appellant authority within the said period, the Appellate authority may dismiss the appeal. (9) In case, where it is considered expedient to give a hearing, the appellate authority may fix a date for hearing of which due notice shall be given to the appellate or his agent and the opposite party. (10) On the date so fixed, the appellate authority shall go through the relevant papers, hear the parties present, and pass suitable order on the appeal. (11) The appellate authority may, at its discretion adjourn to any other day, the hearing of any appeal at any stage. (12) Where the hearing of the appeal is completed, the Appellate authority shall announce its judgement forthwith or may fix a date for the same after due notice to the Appellant or the other parties to the appeal. (13) Every decision or order of the Appellate authority shall be in writing and a copy of the same shall be supplied to the Appellant and such other parties as in the opinion of the Appellate authority likely to be affected by the decision or the order. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **80. Returns to be submitted by co-operative societies :- The Registrar may lay** down the returns to be submitted by a co-operative society and provide for the persons by whom and the form is which such returns shall be submitted. If a society fails to comply with the directive within a reasonable time, the Registrar may have the returns completed at the expenses of the society. **81. Inspection of Documents:- Any member of the public shall be permitted on** payment of fee of one rupee for each occasion to inspect, for any lawful purpose, any public document exclusive of public document privileged under section 123, 124, 128 or 131 of the Indian Evidence Act, 1872 (1 of 1872), filed in the office of the Registrar of Co-operative Societies and in particular the following documents, namely; (1) The Registration Register. (2) The Registration certificate of the society, (3) The Registered bye-laws of a society and amendment affected to such bye laws. (4) An order cancelling the registration of a society. (5) An order directing the liquidation of a registered society. (6) The annual accounts of a society. (7) Any decision of the Registrar or award of arbitrator. **82. Fees for copies of public documents :- Notwithstanding anything contained** in the Court Fees Act 1870 (7 to 1870), as amended in its application to the Union Territory of the Andaman and Nicobar Islands, the fees prescribed for certified copies of any public document which any person has under the proceeding rule a right for inspection shall be as follows: (1) For Registration Certificate - Rs. 5/ (2) In the case of other documents, a sum calculated at the following rates: (i) For first two hundred words or under - Rs.1/ (ii) Every additional hundred words or fraction thereof - Paise 50 **83. Forms of order and award:- The award of an arbitrator shall be in the form** given in appendix "I" and the order of a liquidator under clause (b) or (e) of subsection (2) of section 59 in the form is the appendix "J". **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **84. Special Rule:- (1) Notwithstanding anything contained in these rules, the** procedure in this rule shall apply to co-operative society whose working capital exceeds rupees 50,000/ (i) At least 15 days clear notice, specifying the date, place, time and agenda for a meeting of a general body or committee and at least seven days clear notice for a meeting of any smaller body set-up by either of them, whether convened by the Registrar or the President or otherwise of such co-operative society, shall be given to all the members of the general body committee or smaller body, as the case may be; Provided that a shorter notice may be, given to all the members of the general body or committee or smaller body, as the case may be with the permission of the Registrar or under his direction. (ii)(a) The Registrar may on his own motion or on a reference made to him, declare the proceedings of a meeting referred to in clause (i) as invalid, if he is satisfied that the meeting was held without a proper notice or without all the members having received the notice for the meeting or if the meeting was not conducted at appropriate place and time; and (iii) No matter shall, except with the permission or direction of the Registrar, be considered in a meeting of a general body/committee or in a meeting of a smaller body set-up by either of them, unless that matter is specifically included in the agenda which is circulated to all members at least fifteen clear days or seven days in advance, respectively. (iv) Should a difference of opinion in respect of any matter arise between nominated member of the committee and other members thereof the opinion of the nominated member shall be recorded in the minutes of the proceeding of the meeting in the words of the nominated member and the proceeding shall also be got signed by nominated member. The Chairman shall, as soon as possible, make a reference to the Chief Commissioner and if no reference is made within seven days of the date of the meeting, the Registrar may on the receipt from a nominated member make a reference to the Chief Commissioner for getting his decision. (2) In a co-operative society in which shares has been subscribed by the Government and of which another co-operative society is a member, the Registrar may after such inquiry as he may deem fit and after giving the person concerned a reasonable opportunity of showing cause, remove any member of committee who has been guilty of any act of omission or commission resulting in financial loss of the co-operative society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** **_85. Bar on voting by members nominated by the Chief commissioner on_** **_pertain matters:- The members nominated by the Chief Commissioner to a_** committee of a co-operative society under clause (a) of sub-section (2) of section 26 shall not vote in the election of the office bearers of the co-operative society. **86. Repeal :- As from the commencement of this Rule the Andaman and Nicobar** Co-operative Societies Rules, 1926 shall stand repealed; Provided that such repeal shall not; (i) Affect the previous operation of the rules so repealed or anything duly done or suffered thereunder; (ii) Affect any right, privilege, obligation or any liability acquired, accrued or incurred under the rules so repealed; (iii) Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability; Provided further that subject to the proceeding provision anything done or any action taken under the rules so repealed, shall in so far as it is not inconsistent with the provisions of these rules be deemed to have been done or taken under the corresponding provisions of these rules and shall continue in force accordingly, until it is superseded by anything done or any action taken under these rules. ###### APPENDIX "A" (See Rule 37) ### APPLICATION FOR REGISTRATION OF A CO-OPERATIVE SOCIETY We, the undersigned, hereby apply for the registration of a co-operative society; as proposed hereunder, under section 8(1) of the Andaman and Nicobar Islands Co-operative Societies Regulation 1973 and enclose herewith three copies of the bye-laws as required by rule 4 of the Rules made thereunder. 1. Name of the proposed co-operative society: 2. Class of co-operative society and liability: 3. Address to be Registered: 4. Area of operation: 5. Main Objects: 6. Number of members joining at present: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** 7. Area mortgaged by members joining (in case of service societies) 8. Capital with details of shares, deposits, fees etc.,: 9. Value of shares and mode of payment: 10. Names of members of Ad-hoc Committee, if any: 11. Name of applicant for purpose of correspondence by the Registrar (see rule 3) Name and Father's name Age Occupation Place of residence (Village & P.O) Number of shares (Subscribed) Signature 1 2 3 4 5 6 ###### APPENDIX "B" (See Rule 8) PART – 'A' 1. Special general meeting of a co-operative society may be called from time to time by the committee or by an officer of a co-operative society under the direction of the committee. 2. Special general meeting of a co-operative society shall be called by the committee on the receipt of a requisition for such a meeting from one fifth of the total number of members. 3. If, on the receipt of the requisition referred to in the preceding rule, the committee fails, within a reasonable time to call special general meeting, the signatories of the requisition may refer the matter to the Registrar, who may, if he think fit, summon the general meeting. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** 4. A special general meeting called by the Registrar or any person authorised by him in writing shall be held in such manner and at such time and place as may be directed by him. 5. When the Registrar or any person authorised by him calls a special general meeting of the co-operative society, the mater for the consideration for such a meeting may also be laid down by him and such matter shall be considered at the meeting so called. 6. If at a general meeting or special general meeting, there is no quorum within one hour of the time fixed for the meeting, it shall be adjourned and fresh general meeting or special general meeting, as the case may be, shall be reconvened, after giving due notice. If at the re-convened meeting also, there is no quorum within one hour of time appointed for the meeting, then at the end of one hour members present shall constitute quorum. 7. Every resolution at general meeting or special general meeting shall be passed by the majority of votes of the members present. ###### PART – 'B' 1. A meeting of the committee shall be called by the President or Chairman or the Secretary as the case may be, or such officer of the Co-operative Society as may be specified in the bye-laws. 2. Any three or one third of the total members of the committee whichever is less, may, in writing, request the president or the chairman as the case may be, of the co-operative society to summon a special meeting of the committee and may propose items which shall be considered in such meeting. On receipt of such a requisition, the president or chairman shall convene a meeting of the committee. If within seven days of the receipt of the requisition, the president or chairman fails to summon the meeting, the Registrar, on the application of the signatories of the requisition, may summon a meeting of the committee after giving due notice to all the members as may be required under the rules or bye-laws. ###### PART – 'C' The quorum at a general or a special general meeting shall be one-forth of the total number of members or fifty whichever is less. The quorum at a committee meeting shall be one-third of the total number of the committee members. ###### PART – 'D' The Registrar or his representative may attend any meeting of the committee of the co-operative society at any time but shall not have the right to vote, unless permitted under the bye-laws. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "C" (See Rule 13 (1)) Notice under Rule 13(1) By Registered Post A/D To The Chairman/Secretary ..........................Co-operative Society, ......................... Sir, It appears to me that an amendment/amendments of the bye-laws of your society as indicated in the attached statement is /are necessary and that it/those is/are desirable in the interest of your society. I am so request your to consider this/these amendment/amendments in the interest of your society and to call upon by this notice under rule 13(1) of the Andaman and Nicobar Co-operative Societies Rules, 1974 ........... to take necessary steps to make a amendment to the bye-laws of your society within ..... days from the date of receipt of this notice, failing which action will be taken as provided under section 10(6) of the Andaman and Nicobar Co-operative Societies Regulation, 1973. Yours faithfully, Registrar of Co-operative Societies No.............. Date ........... (Seal of the Officer) ###### Statement accompanying notice under Rule 13(1) Sl. No. The exact wording of existing bye-laws Bye-laws, as it would read after amendment Exact wording of bye-law, if it is a new one Reasons why amendment is considered necessary Registrar of Co-operative Societies **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "D" (See Rule 14 (4) Notice under Rule 13 (3) To The Chairman, ..................Co-operative Society, ............... Sir, Whereas you were called upon to make amendment to the bye-laws of your society as per this office notice No............. dated ............. And whereas you have failed to make the amendment within the time specified therein; Now, therefore, you are hereby called upon to show cause in writing within ........... days from the date of receipt of this notice as to why proposed amendment of your bye-laws as indicated in this office notice referred to above should not be registered. If you desire to be heard in person, you may attend or send your representative duly authorised on ......... at .......am/pm in my office and put your defence if any, before me. If you fail to send your written statement or your representative on the date specified above or if your statement is found to be unsatisfactory, necessary further action according to the provision of section 10(6) of the Andaman and Nicobar Co-operative Societies Regulation, 1973, will be taken. Yours faithfully, Registrar of Co-operative Societies, .................... No.............. Date ........... Place .......... **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "E" (See Rule 16 (3) Notice to members, creditors and other persons whose interests will be affected by the amalgamation/transfer of assets and liabilities/conversion /division of Co-operative Societies. Notice is hereby given as required under sub-section(4) of section 13 of the Andaman and Nicobar Co-operative Societies Regulation,1973 by the .............................. Society registered under No. ................ dated ............ and having its registered office at .................... to all members/creditors/persons interested that the society, after obtaining the approval of the Registrar and a preliminary resolution to that effect having been passed by a special general body meeting of the society held on ........, has decided to amalgamate itself with ................ society, convert itself into ................. society; divide itself into (i) ........... (ii) ........ societies, transfer its assets and liabilities to .............. society. The details regarding transfer of the liabilities of society to be amalgamated, transferred or divided are given in the schedule below: ###### SCHEDULE I. Applicable to co-operative societies amalgamating/transferring assets and liabilities:(1) Name of the Co-operative Society or Co-operative Societies; (2) Statement showing the assets and liabilities of the society (to be enclosed); (3) Names of the members and creditors NB:- Information should be given separately in respect of each co-operative society which is affected by the amalgamation, transfer of assets and liabilities. II. Applicable to the co-operative societies to be divided:(1) Name of the Co-operative Society; (2) Present area of operation; (3) Statement showing assets and liabilities (to be enclosed); (4) Name of members ; (5) Names of creditors. III. Applicable to Co-operative Societies which will stand divided: Particulars of (1) .......................Society. (i) Assets and liabilities which will remain with the co-operative society after division (Statement to be enclosed). (ii) Proposed area of operation. (iii) Names of members who will remain with the co-operative society. (iv) Names of creditors who will remain with the society. Particulars of (2) .......................Society. (i) Assets and liabilities which will remain with the co-operative society after division (Statement to be enclosed). (ii) Proposed area of operation. (iii) Names of members who will remain with the society (iv) Names of creditors who will remain with the Co-operative society. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Any person whose interest is affected by the proposed amalgamation, transfer of assets and liabilities or division may send his objections, if any, and give intimation to his option to become a member of any of the new Co-operative Societies / continue his membership in amalgamated co-operative societies to demand payment of share or interest or dues, to the office of the co-operative society within one month from the date of this notice. If no option is exercised and if no objection is received within one month, it will be assumed that the interested persons have assented to the decision. Place......... Secretary, Date ......... By order of the Board/Managing Committee ###### APPENDIX "F" (See Rule 27) PART – 'I' General Rules for election of committee. **_1. Definition:- In this appendix, unless the context otherwise requires:-_** (a) **ELECTION means election to the committee.** *** (b) RETURNING OFFICER means any person appointed by the Registrar or** appointed by an authorized officer by a special or general order; EXPLANATION:- (i) For the purpose of this rules “a person appointed” means – a person serving in Co-operative Department of the Union Territory or serving Gazetted Officer of the A&N Administration or a retired Gazetted Officer or a retired Official of the Co-operative Department or any other retired Official/Officer of any department of the A&N Administration. (ii) In case of the appointment of election officials other than officials of the Co-operative Department, the Registrar may prescribe the scale of honorarium to be paid to the election Officials engaged for conducting elections to the concerned co-operative society with prior approval of the Lt. Governor (Administrator), A&N Islands. *** (In the principal rule, 1974, the existing provision against 1(b) of Part-I** **Appendix –F to the Rule 27 substituted vide Registrar of Co-operative** **Societies’ Notification No.267/F.No.RCS/26-5/2009 dated 21.02.2011, A&N** **Islands Co-operative Societies (Amendment) Rules, 2010)** **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (c) **PRESIDING OFFICER means a person appointed by the Returning Officer** to be in-charge of the polling station for the purpose of election; (d) **MANAGER means any person appointed as such by the Registrar for the** purpose of the provisions contained in this appendix and if no such person is appointed, then the head of office of a co-operative society, by whatsoever name called, to whom the management of the co-operative society is entrusted; (e) **VOTER means any person entitled to vote under these rules;** (f) **REPRESENTATIVE means an elector who is authorised to vote on behalf** of a co-operative society; and (g) **CANDIDATE** means a voter who files his nomination papers to seek election as a member of the committee of a co-operative society. 2. **_Qualification of candidate:- No person shall be eligible for election as a_** member of the committee if he is subject to any disqualification mentioned in the Regulation and the Rules and bye-laws framed thereunder. 3. **_Voting:- The election shall be held by secret ballot or by raising hand and a_** voter shall exercise his vote only in favour of one candidate for each of the posts in the committee. 4. **_Election Programme:- (1) The manager shall draw a detailed programme_** of election and send the same to the Registrar for approval and for the appointment of Returning Officer for conducting the election. (2) The zonal list of voters shall be prepared, if necessary, by the manager in accordance with the direction issued by the Registrar from time to time. (3) The notice indicating the election programme together with the zones constituted if any, shall be exhibited by the manager at the registered office of the co-operative society and in common places in the area of operation of the cooperative society. This would be in addition to any other mode of notice which may be laid-down either in the bye-laws or in the revolution of the committee or as may be specified by the Registrar by general or special order. 5. **_Filling of nomination papers:- The nomination papers, duly completed_** shall reach the Returning Officer by such date, time and place as may be specified in the election programme. 6. **_Scrutiny of nomination papers:- (1) The Returning Officer shall_** scrutinise the nomination papers at the place, date and times specified in this behalf, hear objects, if any, presented by the objections in person to the eligibility of any candidate and dispose-off these objections after such inquiry as he may consider necessary. The decision of rejecting or accepting the nomination papers and brief statement of reasons thereof shall be endorsed on the nomination papers and signed by the Returning Officer may: **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (a) Permit any clerical error is the nomination papers, in regard to the names or numbers to be corrected to bring them in conformity with the corresponding entries in the list of voters. (b) Where necessary, direct that any printing error in the said entries may be over-looked. (2) The person objecting under sub-rule (i) must be a voter. (3) The Returning Officer shall after scrutiny of nomination papers, prepare and announce a list of validity nominated candidates and the same shall be exhibited at the registered office of the society and at other common places in the area of operation of the co-operative society. The Returning Officer after preparing the list of validity nominated candidates shall declare such candidates as elected if there is no contest about his election and communicate the same to the Presiding Officer and the Manager of the society. 7. **_Withdrawal of nomination papers:- Any candidate may withdraw his_** nomination by a notice in writing which shall be subscribed by him and deliver to the Returning Officer by the date as specified in the election programme. 8. **_Death of Candidate:- If an intimation of death of a candidate is received_** by the Returning Officer, after the last date of the filing of the nomination papers and before the commencement of the poll, the Returning Officer shall cancel the poll in respect of that zone for which the deceased was a candidate and report the fact to the manager and all proceedings with reference to the election of that zone shall be commenced again on the basis of the list or voters already prepared. 9. **_Appointment of Presiding Officer and his duties:- The Returning Office_** may appoint Presiding Officer for each polling station and also polling officers and polling assistants to assist the Presiding Officer to conduct the poll. The Presiding Officer shall perform such duties as may be prescribed by the Registrar from time to time. 10. **Procedure for casting of vote:- (1) If the Registrar so requires, a voter** shall be required to produce an admission card, at the time of casting his vote, to be issued by the co-operative society under postal certificate or any other means as may be decided upon. The representatives of Member Co-operative Societies, shall in addition, produce resolution of their respective co-operative societies authorising them to represent the co-operative society in the general meeting; Provided that a copy of resolution, duly attested by a co-operative society authorising one of its members to represent it for election, shall reach the Manager of the Co-operative Society whose election is to be held, at-least four days before the date of polling. In case such a resolution is not received by the manager within the stipulated period, such representative of the co-operative society shall not be entitled to vote. (2) If any difficulty arises in regard to the identification of individual members or representatives of member co-operative societies, the Returning Officer or the Presiding Officer, as the case may be, may call-upon one or more officials of the State Co-operative Department to assist him in establishing the identity of such members or representatives and his decision in this regard shall be final. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** (3) The manager shall make such arrangements in regard to the admission and seating of members and others invited by the Co-operative Society as may be considered necessary by the Returning Officer, 11. **_Declaration of election results:- (1) After the counting of the votes has_** been completed, the candidate who secures a majority of votes shall be declared elected by the Returning Officer or the Presiding Officer, as the case may be. If the number of votes in favour of two or more candidates are equal, the mater shall be decided by lots drawn by the Returning Officer or the Presiding Officer, as the case may be. (2) When the result of the election has been declared, the Returning Officer or the Presiding Officer as the case may be, shall prepare a consolidated list of elected candidates, including those declared elected unopposed, and communicate the names of persons elected under his signature to the Assistant Registrar concerned and in the case of Central or Apex Co-operative Societies, such a list shall also be sent to the Registrar. The Returning Officer or the Presiding Officer, as the case may be shall also direct the Manager to exhibit the list of the names of the persons elected at some conspicuous place at the registered office of the society for a minimum period of seven days after declaration of result of the election. 12. **_General :- (1) The Registrar may issue such instructions as may be_** necessary for the purpose of drawing of election programme, filling of nomination papers, withdrawals of nomination papers, allotment of symbols, manner of voting, counting and other relevant matters to facilitate the holding of election in respect of a co-operative society or class of co-operative societies. (2) If any dispute arises in connection with election of any officer of co operative society, it shall be referred to within thirty days of the declaration of the result of such election to the Registrar in same manner as provided in rule 55 of the rules. ###### PART – II RULES FOR ELECTION IN PRIMARY CO-OPERATIVE SOCIETIES IF HELD IN SPECIAL GENERAL MEETING 1. **_Calling of special general meeting:- (1) The meeting of election shall be_** convened by the manager or the secretary as the case may be, under the direction of the committee in the manner prescribed in the bye-laws of the co-operative society and at-least fifteen days notice specifying the date, time and the place of the meeting shall be given to all members. (2) _The notice of the meeting shall be given by affixing a copy of the notice at the_ _co-operative society's office and by the circulation of the notice and getting the_ _signatures of the members on it or by beat of drum in the area of operation of the_ _co-operative society._ **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** 2. **_Presiding over the meeting:- The meeting shall be presided over by the_** Returning Officer. 3. **_Proposal of candidates for contesting election:- (1) The names of the_** candidates shall be proposed and recorded by any of the members present in the meeting. (2) The Returning Officer, shall ask for withdrawal, if any, of the names proposed immediately after such proposal has been made. 4. **_Voting:- (1) If the number of the candidates left after the withdrawal is_** equal to or less than the number of persons to be elected, then all the persons shall be declared elected by the Returning Officer. (2) If the number of candidates proposed is larger than the number of persons to be elected, then election shall take place by secret ballot or by raising hands as may be decided upon. (3) Each member present shall be supplied with an improvised ballot paper or a piece of paper bearing the seal of the co-operative society when the election is held by ballot. The member shall be asked to mark "X" against the name of the candidate in whose favour he wants to cast his vote. Each member shall have same number of votes as shall be the number of candidate to be elected as per provision of the bye-laws of a society at the rate of one vote per candidate. (4) The improvised ballot paper on which vote has been recorded will be cast in an improvised closed box. 5. **_Counting of votes:- (1) The ballot box will be opened in the presence of all_** the members present in the meeting and vote secured by each candidate shall be counted separately. The Candidates found to have obtained largest number of votes in order of merit shall be declared elected by the Returning Officer. In the event of candidates securing equal number of votes, the matter shall be decided by lot. (2) Where election is held by raising hands, the Returning Officer shall count with the help of officers authorised by him, the number of hands raised in favour of a candidate. No voter shall be permitted to raise both the hands. If a voter raises his favour of the contesting candidates exceeding the number of candidates to be elected as per provision of the bye-laws of the society, all his votes shall be treated as cancelled in favour of all the contesting candidates. The Returning Officer shall declare such candidates elected as have secured larger votes in order of merit. In the event of equality of votes by two are more contesting candidates, matter shall be decided by lot. (3) The Returning Officer shall immediately alter declaration of results, communicate the same to the manager as the secretary of the co-operative society, as the case may be, and send a copy of the same to the Assistant Registrar concerned. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "G" (See Rule 46(1) FORM OF DECLATION I ............................ (AGE ......), RESIDING AT ................. having been admitted to the membership of ........... society limited ............ and being desirous of borrowing loan from the society with unlimited liability ...... / having borrowed loan from the society before the date of coming into force of the Andaman and Nicobar Islands Co-operative Societies Regulation,1973, make this declaration as required by section 32 of the Andaman and Nicobar Co-operative Societies Regulation,1973. That I own land specified in the Have interest as a tenant in schedule, and I hereby create a charge on the said land in favour of the interest co-operative society for the payment of the amount of loan which the society may make and for all future advances, if any which the society may make to has made me, subject to the maximum amount of Rs. ............... together with interest or such amount of the loan and advances. ###### SCHEDULE Description of land Name of the Village Name of the Tehsil Name of District Khasra No. Kind of land Share in land Extent Remarks if any 1 2 3 4(i) 4(ii) 4(iii) 4(iv) 4(v) In witness whereof I, Shri ................... set my hand this .......... day of ................ in the year one thousand nine hundred and ................. signed and delivered by the above named Shri ............ in the presence of : Witness: 1. ............... Applicant's 2. ............... --------------- Signature Borrower's **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "H" (See Rule 46(2) REGISTER OF DECLATION MADE UNDER SECTION 32 Serial NO. Date of entry in the Register Name of the Member Date of declaration Name of Village within which land is situated 1 2 3 4 5 Description of land Khasra No. Area Kind of land Share in land Extent Remarks if any Account of loan applied for / borrowed 7 6(i) 6(ii) 6(iii) 6(iv) 6(v) 6(vi) Remarks if any Signature of Chairman/ President 8 9 **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "I" (See Rule 82) FORM OF AWARD Whereas the dispute between the .................................. of the first part and Shri ................... S/o .................... and his sureties, namely (1) .................. S/o ..................... and (2) ........................... S/o ................................. of ..................................................................... the second part, regarding ............................................. has been referred to me for determination by the Registrar's Order No. ............ Dated ............. NOW, THEREFORE, I, ......................having duly considered the matter, hereby direct that ................................................ do pay to ..................... interest at ........................ percent to this date, and Rs. ...................... costs, or Rs. ........ in all, together with interest at the rate of ................ percent per annum until the realisation of the principal amount viz. Rs. ........... The above amount shall be paid by ..................... and if it is not so paid, the amount may be realised through a civil court either by sale of all property of debtor or his sureties which was specifically, mortgaged for the satisfaction of this debt and which is shown in detail in the schedule attached to his award or of any other property belonging to the debtor or his sureties or both or by the arrest of the debtor. SCHEDULE Here enter the details of the property Dated ....................... Signed .................. Registrar Or Arbitrator Award given in presence of .................................. and ...................... **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### APPENDIX "J" (See Rule 83) FORM OF LIQUIDATION ORDER I, .................................. Liquidator ................... society under liquidation Tehsil .......... Dist ........... authorised under section 59(2) (b) and (e) of the Andaman and Nicobar Co-operative Societies Regulation,1973 do hereby order / assess Shri .............. Son of ................... Caste ................... resident of .............. Tehsil ................... District .................... to pay Rs......... as debt/contribution/liquidation expenses as member/past member/other nominee, heir or legal representative of Shri .................... Son of ........................ resident of ................... deceased member / past Office towards assets of the society. Liquidator .................... Dated. .................. ###### HAR MANDER SINGH, Chief Commissioner, Andaman and Nicobar Islands, By order and in the name of the Chief Commissioner ###### SAROOP LALL, Assistant Secretary (Development) **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** ###### ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT -------- NOTIFICATION ##### ----- Port Blair, the 20th May, 1977/Vaisakha 30, 1899. No.103/77/F.No.1/1(135)/75-Dev.II (Vol.II):- In exercise of the powers conferred by sub-section (1) of section 86 of the Andaman and Nicobar Islands Co-operative Societies Regulation,1973 (No.3 of 1973), the Chief Commissioner, Andaman and Nicobar Islands, hereby makes the following amendments to the Andaman and Nicobar Islands Co-operative Societies Rules, 1974, the same having been previously published as required by section (1) of the said section, namely: AMENDMENT (1) In the said rules, after rule 44, the following shall be inserted namely: "44-(a) Form of agreement under sub-section (1) of Section 39 – An agreement under sub-section (1) of section 39 shall be executed in Form given in Appendix "K" (2) After Appendix "J" to the Rules, the following Appendix "K" shall be added, namely: ###### APPENDIX "K" [See Rule 44(a)] FORM OF AGREEMENT This agreement is made on the ......... by Shri ................... S/o Shri .......................... resident of ......................... (herein-after referred to as First Party) in favour of ..................... ............................(herein-after referred to as Second Party). Whereas Shri .................. (First Party) working as ............ in the establishment of ..................... has borrowed a loan of Rs............. (Rupees ............................................)/made credit purchase from the ...................................... and whereas the said first party is required to enter into an agreement containing the terms and conditions on which the 2nd party i.e., the said Co-operative Institution has agreed to sanction loan/make credit. **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Now, therefore, in consideration thereof it is agreed by the said first party as follows: (i) That the first party shall repay the loan with interest accrued thereon from his salary/wages by monthly instalments, within the stipulated period. (ii) That the said first party hereby authorise his employer ................/officer disbursing his salary/wages to deduct at the rate of Rs. ......... (Rupees .................. only) per month from his salary/wages payable to him every month and to remit the amount so deducted to the ................. on receipt of demand from the .................. (Signature) Name and address Witness 1. 2. Accepted Secretary .......................... .......................... (3) After appendix “K”, the following appendix “L” shall be added namely: ###### APPENDIX "L" REGISTER TO BE MAINTAINED BY EMPLOYER/ PAY DISBURSING OFFICER UNDER SECTION 39 (4) OF THE ANDAMAN AND NICOBAR ISLANDS CO-OPERATIVE SOCIETIES REGULATION, 1973 (No.3 of 1973) Name of Co-operative Society Date of Receipt of demand from the Society Name of the Employee from whom dues have to be recovered (1) (2) (3) **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974** Receipt Payment Demand Date of Amount of Date of recovery Recovery remittance Amount remitted No. and date of official printed receipt of the Society (4) (5) (6) (7) (8) (9) Remarks |Remarks|Col2| |---|---| (here enter the reason for the difference if any between the amount in columns (4) and (6) Initials of the officer disbursing the salary or wages (10) (11) A.P. GOPALAN, Assistant Secretary (Dev.) **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** ----- **ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, June, 02, 2010** ###### ANDAMAN AND NICOBAR GAZETTE EXTRAORDINARY Published BY Authority **No. 126, Port Blair, Wednesday, June 02,2010** ###### ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT ------ NOTIFICATION --------- Port Blair, the 2[nd] June, 2010 No. 115/2010/F.No.RCS/26-5/2008(PF)- In exercise of the powers conferred under Section 3(2) of the Andaman & Nicobar Islands Co-operative Societies Regulation, 1973, and in supersession of Notification No. F.No.30-51/99-Dev.I (Coop) dated 15.11.2001 & all previous Orders and Notifications in this behalf, the Lt. Governor, Andaman and Nicobar Islands (Administrator), hereby orders that the powers conferred on the Registrar of Co-operative Societies under the said Regulation, as specified in Column (1) of the table below shall be exercised by Deputy Registrar of Co-operative Societies, Assistant Registrar of Co-operative Societies and Inspector of Co-operative Societies of Co-operative Department of the A&N Administration to the extent as specified in the corresponding entries in Column (2), (3) & (4) of the said table within the areas of their respective jurisdiction, subject to the general superintendence, direction and control of the Registrar of Co-operative Societies. Sections of the Extent of powers Extent of powers Extent of powers Regulation conferred on Deputy conferred on Assistant conferred on Inspection of (RCS) Registrar of Co-operative Registrar of Co-operative Co-operative Societies Societies (DRCS) Societies (ARCS) (Inspector) (1) (2) (3) (4) All powers as All powers in respect of All powers in respect of All powers in respect of specified in Primary & Central Coop. Primary Coop. Societies Primary Coop. Societies A&N Islands Societies except sections except sections 8, 9, 10, except section 8, 9, 10, Co-operative 10(6), 13, 14, 27, 54, 55, 11, 12, 13, 14, 27, 50, 54, 11, 12, 13, 14, 26, 27, 50, Societies 56, 57, 58, 61, 65, 68 & 55, 56, 57, 58, 61, 65, 67, 54, 55, 56, 57, 58, 61, 65, Regulation, 74 of the Regulation and 68 & 74 of the Regulation 67, 68 & 74 of the 1973 and to to decide non-monetary and to decide non- Regulation and to decide decide and monetary disputes monetary and monetary non-monetary & monetary monetary transferred/referred disputes transferred / disputes transferred disputes under section 56 of the referred under section 56 referred under section 56 above Rupees Regulation above Rupees of the Regulation above of the Regulation upto 25.00 lakhs 10.00 lakhs (Ten lakhs) Rupees 5.00 lakhs (Five Rupees 5.00 lakhs (Five (Twenty five and upto Rupees 25.00 lakhs) and upto Rupees lakhs) lakhs) lakhs (Twenty five lakhs) 10.00 lakhs (Ten lakhs) Lieutenant General (Retd.) Bhopinder Singh Lieutenant Governor By order and in the name of the Lieutenant Governor Sd/ Commissioner-cum-Secretary (Coop) Andaman & Nicobar Administration **Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road,** **Junglighat Port Blair PIN-744103 (Contact No 03192232388) 2019** |Societies, Assistant Registrar of Co-operative Societies and Inspector of Co-operative Societies of Co-operative Department of the A&N Administration to the extent as specified in the corresponding entries in Column (2), (3) & (4) of the said table within the areas of their respective jurisdiction, subject to the general superintendence, direction and control of the Registrar of Co-operative Societies.|Col2|Col3|Col4| |---|---|---|---| |Sections of the Extent of powers Extent of powers Extent of powers Regulation conferred on Deputy conferred on Assistant conferred on Inspection of (RCS) Registrar of Co-operative Registrar of Co-operative Co-operative Societies Societies (DRCS) Societies (ARCS) (Inspector)|||| |(1) (2) (3) (4)|||| |All powers as specified in A&N Islands Co-operative Societies Regulation, 1973 and to decide monetary disputes above Rupees 25.00 lakhs (Twenty five lakhs)|All powers in respect of Primary & Central Coop. Societies except sections 10(6), 13, 14, 27, 54, 55, 56, 57, 58, 61, 65, 68 & 74 of the Regulation and to decide non-monetary and monetary disputes transferred/referred under section 56 of the Regulation above Rupees 10.00 lakhs (Ten lakhs) and upto Rupees 25.00 lakhs (Twenty five lakhs)|All powers in respect of Primary Coop. Societies except sections 8, 9, 10, 11, 12, 13, 14, 27, 50, 54, 55, 56, 57, 58, 61, 65, 67, 68 & 74 of the Regulation and to decide non- monetary and monetary disputes transferred / referred under section 56 of the Regulation above Rupees 5.00 lakhs (Five lakhs) and upto Rupees 10.00 lakhs (Ten lakhs)|All powers in respect of Primary Coop. Societies except section 8, 9, 10, 11, 12, 13, 14, 26, 27, 50, 54, 55, 56, 57, 58, 61, 65, 67, 68 & 74 of the Regulation and to decide non-monetary & monetary disputes transferred / referred under section 56 of the Regulation upto Rupees 5.00 lakhs (Five lakhs)| -----

29-Mar-1981

14

The Air ( Prevention and Control of Pollution) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/18981/1/the_air_act_1981.pdf

Andaman and Nicobar Islands

# THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 3. Central Pollution Control Board. 4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act. 5. Constitution of State Boards. 6. Central Board to exercise the powers and perform the functions of a State Board in the Union territories. 7. Terms and conditions of service of members. 8. Disqualifications. 9. Vacation of seats by members. 10. Meetings of Board. 11. Constitution of committees 12. Temporary association of persons with Board for particular purpose. 13. Vacancy in Board not to invalidate acts or proceedings. 14. Member-secretary and officers and other employees of State Boards. 15. Delegation of powers. CHAPTER III POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board. 17. Functions of State Boards. 18. Power to give directions. CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION 19. Power to declare air pollution control areas. 20. Power to give instructions for ensuring standards for emission from automobiles. 21. Restrictions on use of certain industrial plants. 22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board. 22A. Power of Board to make application to court for restraining persons from causing air pollution. 1 ----- SECTIONS 23. Furnishing of information to State Board and other agencies in certain cases. 24. Power of entry and inspection. 25. Power to obtain information. 26. Power to take samples of air or emission and procedure to be followed in connection therewith. 27. Reports of the result of analysis on samples taken under section 26. 28. State Air Laboratory. 29. Analysis. 30. Reports of analysis. 31. Appeals. 31A. Power to give directions. CHAPTER V FUND, ACCOUNTS AND AUDIT 32. Contribution by Central Government. 33. Fund of Board. 33A. Borrowing powers of Board. 34. Budget. 35. Annual report. 36. Accounts and audit. CHAPTER VI PENALTIES AND PROCEDURE 37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A. 38. Penalties for certain acts. 39. Penalty for contravention of certain provisions of the Act. 40. Offences by companies. 41. Offences by Government Departments. 42. Protection of action taken in good faith. 43. Cognizance of offences. 44. Members, officers and employees of Board to be public servants. 45. Reports and returns. 46. Bar of jurisdiction. CHAPTER VII MISCELLANEOUS 47. Power of State Government to supersede State Board. 48. Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974. 49. Dissolution of State Boards constituted under the Act. 50. [Omitted]. 51. Maintenance of register. 2 ----- SECTIONS 52. Effect of other laws. 53. Power of Central Government to make rules. 54. Power of State Government to make rules. THE SCHEDULE [Omitted]. 3 ----- # THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 # ACT NO. 14 OF 1981 [29th March, 1981.] # An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution; AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Air (Prevention and** Control of Pollution) Act, 1981. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “air pollutant” means any solid, liquid or gaseous substance [2][(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment; (b) “air pollution” means the presence in the atmosphere of any air pollutant; (c) “approved appliance” means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the purposes of this Act; (d) “approved fuel” means any fuel approved by the State Board for the purposes of this Act; (e) “automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel; (f) “Board” means the Central Board or a State Board; (g) “Central Board” means the [3][Central Pollution Control Board] constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (h) “chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted; (i) “control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant; 1.16th May, 1981, vide notification No. G.S.R. 351(E), dated 15th May, 1981, see Gazette of India, Extraordinary, Part II, sec. 3 (i). 2. Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988). 3. Subs. by s. 2, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 4 ----- (j) “emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet; (k) “industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere; (l) “member” means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof; 1[(m) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;] (n) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (o) “State Board” means,— (i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a [2][State Pollution Control Board] under section 4 of that Act, the said State Board; and (ii) in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. CHAPTER II CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION **3[3. Central Pollution Control Board.—The Central Pollution Control Board constituted under** section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act. **4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards** **under this Act.—In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of** 1974), is in force and the State Government has constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act.] **5. Constitution of State Boards.—(1) In any State in which the Water (Prevention and Control of** Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a [4][State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:— (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part-time as the State Government may think fit; 1. Subs. by Act 47 of 1987, s. 2, for clause (m) (w.e.f. 1-4-1988). 2. Subs. by s. 2, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 3. Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988). 4. Subs. by s. 4, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 5 ----- (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 1[(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government:] Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. **6. Central Board to exercise the powers and perform the functions of a State Board in the** **Union territories.—No State Board shall be constituted for a Union territory and in relation to a Union** territory, the Central Board shall exercise the powers and perform the functions of a State Board under this Act for that Union territory: Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this section to such person or body of persons as the Central Government may specify. **7. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this** Act, a member of a State Board constituted under this Act, other than the member-secretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nominated. (3) A member of a State Board constituted under this Act, other than the member-secretary, may at any time resign his office by writing under his hand addressed,— (a) in the case of the Chairman, to the State Government; and (b) in any other case, to the Chairman of the State Board, and the seat of the Chairman or such other member shall thereupon become vacant. (4) A member of a State Board constituted under this Act, other than the member-secretary, shall be deemed to have vacated his seat, if he is absent without reason, sufficient in the opinion of the State Board, from three consecutive meetings of the State Board or where he is nominated under clause (c) of sub-section (2) of section 5, he ceases to be a member of the local authority and such vacation of seat 1. Subs. by Act 47 of 1987, s. 4, for clause (f) (w.e.f. 1-4-1988). 6 ----- shall, in either case, take effect from such date as the State Government may, by notification in the Official Gazette, specify. (5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated. (6) A member of a State Board constituted under this Act shall be eligible for re-nomination [1]*** (7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed. **8. Disqualifications.—(1) No person shall be a member of a State Board constituted under this Act,** who— (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has directly or indirectly by himself on by any partner, any share or interest in any Firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (g) has so abused, in the opinion of the State Government, his position as a member, as to render his continuance on the State Board detrimental to the interest of the general public. (2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in sub-section (1). Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a member. **9. Vacation of seats by members.—If a member of a State Board constituted under this Act becomes** subject to any of the disqualifications specified in section 8, his seat shall become vacant. **10. Meetings of Board.—(1) For the purposes of this Act, a Board shall meet at least once in every** three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: Provided that if, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. (2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to the State Government concerned. 1. The words “but not for more than two terms” omitted by Act 47 of 1987, s. 5 (w.e.f. 1-4-1988). 7 ----- **11. Constitution of committees.—(1) A Board may constitute as many committees consisting** wholly of members or partly of members and partly of other persons and for such purpose or purposes as it may think fit. (2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. (3) The members of a committee other than the members of the Board shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board as may be prescribed. **12. Temporary association of persons with Board for particular purpose.—(1) A Board may** associate with itself in such manner, and for such purposes, as may be prescribed, any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a member of the Board for any other purpose. (3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and allowances as may be prescribed. **13. Vacancy in Board not to invalidate acts or proceedings.—No act or proceeding of a Board or** any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be. **14. Member-secretary and officers and other employees of State Boards.—(1) The terms and** conditions of service of the member-secretary of a State Board constituted under this Act shall be such as may be prescribed. 1[(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such powers and perform such duties as may be prescribed, or as may, from time to time, be delegated to him by the State Board or its Chairman.] (3) subject to such rules as may be made by the State Government in this behalf, a State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (4) The method of appointment, the conditions of service and the scales of pay of the officers (other than the member-secretary) and other employees of a State Board appointed under sub-section (3) shall be such as may be determined by regulations made by the State Board under this Act. (5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from time to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances or fees, as it thinks fit. **15. Delegation of powers.—A State Board may, by general or special order, delegate to the** Chairman or the member-secretary or any other officer of the Board subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary. CHAPTER III POWERS AND FUNCTIONS OF BOARDS **16. Functions of Central Board.—(1) Subject to the provisions of this Act, and without prejudice to** the performance, of its functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country. 1. Subs. by Act 47 of 1987, s. 6, for sub-section (2) (w.e.f. 1-4-1988). 8 ----- (2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may— (a) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution; (b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution; (c) co-ordinate the activities of the State and resolve disputes among them; (d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution; 1[(dd) perform such of the functions of any State Board as may be specified in and order made under sub-section (2) of section 18;] (e) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify; (f) organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution; (g) collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; (h) lay down standards for the quality of air; (i) collect and disseminate information in respect of matters relating to air pollution; (j) perform such other functions as may be prescribed. (3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently. (4) The Central Board may— (a) delegate any of its functions under this Act generally or specially to any of the committees appointed by it; (b) do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. **17. Functions of State Boards.—(1) Subject to the provisions of this Act, and without prejudice to** the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be— (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution; (c) to collect and disseminate information relating to air pollution; (d) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto; 1. Ins. by Act 47 of 1987, s. 7 (w.e.f. 1-4-1988). 9 ----- (e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; (f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas; (g) to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; (h) to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; (i) to Perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government; (j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. (2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently. **18. Power to give directions.—[1][(1)] In the performance of its functions under this Act—** (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. 2[(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order. (3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand. (4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions’ in that area.] 1. Section 18 renumbered as sub-section (1) thereof by Act 47 of 1987, s. 8 (w.e.f. 1-4-1988). 2. Ins. by s. 8, ibid. (w.e.f. 1-4-1988). 10 ----- CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION **19. Power to declare air pollution control areas.—(1) The State Government may, after** consultation with the State Board, by notification in the Official Gazette declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act. (2) The State Government may, after consultation with the State Board, by notification in the Official Gazette,— (a) alter any air pollution control area whether by way of extension or reduction; (b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof. (3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of publication of the notification) as may be specified in the notification. (4) The State Government may, after consultation with the State Board, by notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area: Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances. (5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof. **20. Power to give instructions for ensuring standards for emission from automobiles.—With a** view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section (1) of section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions. **21. Restrictions on use of certain industrial plants.—[1][(1) Subject to the provisions of this section,** no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area: Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.] (2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed: Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, [2]***such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as 1. Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988). 2. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988). 11 ----- may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused. (3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be prescribed. (4) Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing, [1][and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent]: 2[Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled: Provided further that before cancelling a consent or refusing a further consent under the first provision, a reasonable opportunity of being heard shall be given to the person concerned.] (5) Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely:— (i) the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on; (ii) the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board; (iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition; (iv) chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises; and (v) such other conditions as the State Board, may specify in this behalf; and (vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf: Provided that in the case of a person operating any industrial plant [3]*** in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months: Provided further that— (a) after the installation of any control equipment in accordance with the specifications under clause (i), or (b) after the alteration or replacement of any control equipment in accordance with the directions of the State Board under clause (ii), or (c) after the erection or re-erection of any chimney under clause (iv), no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-erected except with the previous approval of the State Board. (6) If due to any technological improvement or otherwise the State Board is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in whole or in part), the State Board shall, after giving the person to whom 1. Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1-4-1988). 2. Ins. by s. 9, ibid. (w.e.f. 1-4-1988). 3. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988). 12 ----- consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied. (7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally. **22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the** **standard laid down by State Board.—No person [1]**** operating any industrial plant, in any air** pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17. **2[22A. Power of Board to make application to court for restraining person from causing air** **pollution.— (1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the** standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant. (2) On receipt of the application under sub-section (1), the court may make such order as it deems fit. (3) Where under sub-section (2), the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order,— (a) direct such person to desist from taking such action as is likely to cause emission; (b) authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court. (4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.] **23. Furnishing of information to State Board and other agencies in certain cases.—(1) Where in** any [3]*** area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the person in charge of the premises from where such emission occurs or is apprehended to occur shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board and to such authorities or agencies as may be prescribed. (2) On receipt of information with respect to the fact or the apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the State Board and the authorities or agencies shall, as early as practicable, cause such remedial measure to be taken as are necessary to mitigate the emission of such air pollutants. (3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial measures referred to in sub-section (2) together with interest (at such reasonable rate, as the State Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by that Board, authority or agency from the person concerned, as arrears of land revenue, or of public demand. **24. Power of entry and inspection.—(1) Subject to the provisions of this section, any person** empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the State Board entrusted to him; 1. The words “carrying on any industry specified in the Schedule or” omitted by Act 47 of 1987, s. 10 (w.e.f. 1-4-1988). 2. Ins. by s. 11, ibid. (w.e.f. 1-4-1988). 3. The words “air pollution control” omitted by s. 12, ibid. (w.e.f. 1-4-1988). 13 ----- (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any control equipment, industrial plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder. (2) Every person [1]*** operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the State Board under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person willfully delays or obstructs any person empowered by the State Board under sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir, or any area, in which that Code is not in force, the provisions of any corresponding law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law. **25. Power to obtain information.—For the purposes of carrying out the functions entrusted to it, the** State Board or any officer empowered by it in that behalf may call for any information (including information regarding the types of air pollutants emitted into the atmosphere and the level of the emission of such air pollutants) from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant and for the purpose of verifying the correctness of such information, the State Board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on or operated. **26. Power to take samples of air or emission and procedure to be followed in connection** **therewith.—(1) A State Board or any officer empowered by it in this behalf shall have power to take, for** the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed. (2) The result of any analysis of a sample of emission taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under sub-section (1), the person taking the sample shall— (a) serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier or his agent, collect a sample of emission for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent; (d) send, without delay, the container or containers to the laboratory established or recognised by the State Board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause (a), to the laboratory established or specified under sub-section (1) of section 28. 1. The words “carrying on any industry specified in the Schedule and every person” omitted by Act 47 of 1987, s. 13 (w.e.f. 1-4-1988). 14 ----- (4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then,— (a) in a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent is present at the time of taking the sample but refuses to sign the marked and sealed container or containers of the sample of emission as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the sample, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-section (1) of section 28 and such person shall inform the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers. **27. Reports of the result of analysis on samples taken under section 26.—(1) Where a sample of** emission has been sent for analysis to the laboratory established or recognised by the State Board, the Board analyst appointed under sub-section (2) of section 29 shall analyse the sample and submit a report in the prescribed form of such analysis in triplicate to the State Board. (2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the State Board to the occupier or his agent referred to in section 26, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the State Board. (3) Where a sample has been sent for analysis under clause of sub-section (3) or sub-section (4) of section 26 to any laboratory mentioned therein, the Government analyst referred to in the said sub-section (4) shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the State Board which shall comply with the provisions of sub-section (2). (4) Any cost incurred in getting any sample analysed at the request of the occupier or his agent as provided in clause (d) of sub-section (3) of section 26 or when he wilfully absents himself or refuses to sign the marked and sealed container or containers of sample of emission under sub-section (4) of that section, shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand. **28. State Air Laboratory.—(1) The State Government may, by notification in the Official** Gazette, — (a) establish one or more State Air Laboratories; or (b) specify one or more laboratories or institutes as State Air Laboratories to carry out the functions entrusted to the State Air Laboratory under this Act. (2) The State Government may, after consultation with the State Board, make rules prescribing— (a) the functions of the State Air Laboratory; (b) the procedure for the submission to the said Laboratory of samples of air or emission for analysis or tests, the form of the Laboratory’s report thereon and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that Laboratory to carry out its functions. **29. Analysts.—(1) The State Government may, by notification in the Official Gazette, appoint such** persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or specified under sub-section (1) of section 28. 15 ----- (2) Without prejudice to the provisions of section 14, the State Board may, by notification in the Official Gazette, and with the approval of the State Government, appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or recognised under section 17. **30. Reports of analysts.—Any document purporting to be a report signed by a Government analyst** or, as the case may be, a State Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act. **31. Appeals.—(1) Any person aggrieved by an order made by the State Board under this Act may,** within thirty day from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the Appellate Authority) as the State Government may think fit to constitute: Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Appellate Authority shall consist of a single person or three persons as the State Government may think fit to be appointed by the State Government. (3) The form and the manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the Appellate Authority shall be such as may be prescribed. (4) On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible. **1[31A. Power to give directions.—Notwithstanding anything contained in any other law, but subject** to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. _Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions_ under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.] CHAPTER V FUND, ACCOUNTS AND AUDIT **32. Contributions by Central Government.—The Central Government may, after due appropriation** made by Parliament by law in this behalf make in each financial year such contributions to the State Boards as it may think necessary to enable the State Boards to perform their functions under this Act: Provided that nothing in this section shall apply to any [2][State Pollution Control Board] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. **33. Fund of Board.—(1) Every State Board shall have its own fund for the purposes of this Act and** all sums which may, from time to time, be paid to it by the Central Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. 1. Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988). 2. Subs. by s. 15, ibid., for “State Board for the Prevention and Control of water Pollution” (w.e.f. 1-4-1988). 16 ----- (2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board. (3) Nothing in this section shall apply to any [1][State Pollution Control Board] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. **2[33A. Borrowing powers of Board.—A Board may, with the consent of, or in accordance with the** terms of any general or special authority given to it by, the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for discharging all or any of its functions under this Act.] **34. Budget.—The Central Board or, as the case may be, the State Board shall, during each financial** year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this Act, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. **3[35. Annual report.—(1) The Central Board shall, during each financial year, prepare, in such form** as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months of the last date of the previous financial year. (2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the last date of the previous financial year.] **36. Accounts and audit.—(1) Every Board shall, in relation to its functions under this Act, maintain** proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government. (2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956). (3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India. (4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government. (6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament. (7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature. 1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 2. Ins. by s. 16, ibid. (w.e.f. 1-4-1988). 3. Subs. by s. 17, ibid., for section 35 (w.e.f. 1-4-1988). 17 ----- CHAPTER VI PENALTIES AND PROCEDURE **1[37. Failure to comply with the provisions of section 21 or section 22 or with the directions** **issued under section 31A.—(1) whoever fails to comply with the provisions of section 21 or section 22** or directions issued under section 31A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.] **38. Penalties for certain acts.—Whoever—** (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or (c) damages any works or property belonging to the Board, or (d) fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purpose of this Act, or (e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of section 23, or (f) in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or (g) for the purpose of obtaining any consent under section 21, makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to [2][ten thousand rupees] or with both. **3[39. Penalty for contravention of certain provisions of the Act.—Whoever contravenes any of the** provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after conviction for the first such contravention.] **40. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 1. Subs. by Act 47 of 1987, s. 18, for section 37 (w.e.f. 1-4-1988). 2. Subs. by s. 19, ibid., for “five hundred rupees” (w.e.f. 1-4-1988). 3. Subs. by s. 20, ibid., for section 39 (w.e.f. 1-4-1988). 18 ----- officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section,—_ (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **41. Offences by Government Departments.—(1) Where an offence under this Act has been** committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. **42. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder. **1[43. Cognizance of offences.—(1) No court shall take cognizance of any offence under this Act** except on a complaint made by— (a) a Board or any officer authorised in this behalf by it; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Board or officer authorised as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person: Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.] **44. Members, officers and employees of Board to be public servants.—All the members and all** officers and other employees of a Board when acting or purporting to act in pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **45. Reports and returns.—The Central Board shall, in relation to its functions under this Act,** furnish to the Central Government, and a State Board shall, in relation to its functions under this Act, furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information as that Government, or, as the case may be, the Central Board may, from time to time, require. **46. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in** respect of any matter which an Appellate Authority constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 1. Subs. by Act 47 of 1987, s. 21, for section 43 (w.e.f. 1-4-1988). 19 ----- CHAPTER VII MISCELLANEOUS **47. Power of State Government to supersede State Board.—(1) If at any time the State** Government is of opinion— (a) that a State Board constituted under this Act has persistently made default in the performance of the functions imposed on it by or under this Act, or (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board. (2) Upon the publication of a notification under sub-section (1) superseding the State Board,— (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the State Board shall, until the State Board is reconstituted under sub-section (3), be exercised, performed or discharged by such person or persons as the State Government may direct; (c) all property owned or controlled by the State Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may— (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the State Board by a fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall also be eligible for nomination or appointment: Provided that the State Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. **48. Special provision in the case of supersession of the Central Board or the State Boards** **constituted under the Water (Prevention and Control of Pollution) Act, 1974.—Where the Central** Board or any State Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), is superseded by the Central Government or the State Government, as the case may be, under that Act, all the powers, functions and duties of the Central Board or such State Board under this Act shall be exercised, performed or discharged during the period of such supersession by the person or persons, exercising, preforming or discharging the powers, functions and duties of the Central Board or such State Board under the Water (Prevention and Control of Pollution) Act, 1974, during such period. **49. Dissolution of State Boards constituted under the Act.—(1) As and when the Water** (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), comes into force in any State and the State Government constitutes [1][State Pollution Control Board] under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State. (2) On the dissolution of the State Board constituted under this Act,— (a) all the members shall vacate their offices as such; 1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 20 ----- (b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State Board, immediately before such dissolution, shall stand transferred to and vest in the [1][State Pollution Control Board]; (c) every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and become an officer or other employee of the [1][State Pollution Control Board] and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the [1][State Pollution Control Board]: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government; (d) all liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the [1][State Pollution Control Board] and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the [1][State Pollution Control Board.] **50. [Power to amend the Schedule.].—Omitted by the Air (Prevention and Control of Pollution)** _Amendment Act, 1987 (47 of 1987), s. 22 (w.e.f. 1-4-1988)._ **51. Maintenance of register.—(1) Every State Board shall maintain a register containing particulars** of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed. (2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf. **52. Effect of other laws.—Save as otherwise provided by or under the Atomic Energy Act, 1962** (33 of 1962), in relation to radioactive air pollution the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. **53. Power of Central Government to make rules.—(1) The Central Government may, in** consultation with the Central Board, by notification in the Official Gazette, make rules in respect of the following matters, namely:— (a) the intervals and the time and place at which meetings of the Central Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; (b) the fees and allowances to be paid to the members of a committee of the Central Board, not being members of the Board, under sub-section (3) of section 11; (c) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 12; (d) the fees and allowance to be paid under sub-section (3) of section 12 to persons associated with the Central Board under sub-section (1) of section 12; (e) the functions to be performed by the Central Board under clause (j) of sub-section (2) of section 16; 1. Subs. by Act 47 of 1987, s. 15 for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 21 ----- 1[(f) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 34; (ff) the form in which the annual report of die Central Board may be prepared under section 35;] (g) the form in which the accounts of the Central Board may be maintained under sub-section (1) of section 36. (2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **54. Power of State Government to make rules.—(1) Subject to the provisions of sub-section (3),** the State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act in respect of matter not falling within the purview of section 53. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— 2[(a) the qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control required for appointment as member-secretary of a State Board constituted under the Act;] 3[(aa)] the terms and conditions of service of the Chairman and other members (other than the member-secretary) of the State Board constituted under this Act under sub-section (7) of section 7; (b) the intervals and the time and place at which meetings of the State Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; (c) the fees and allowances to be paid to the members of a committee of the State Board, not being members of the Board under sub-section (3) of section 11; (d) the manner in which and the purpose for which persons may be associated with the State Board under sub-section (1) of section 12; (e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the State Board under sub-section (1) of section 12; (f) the terms and conditions of service of the member-secretary of a State Board constituted under this Act under sub-section (1) of section 14; (g) the powers and duties to be exercised and discharged by the member-secretary of a State Board under sub-section (2) of section 14; (h) the conditions subject to which a State Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under sub-section (3) of section 14; (i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) of section 14; (j) the functions to be performed by the State Board under clause (i) of sub-section (1) of section 17; 1. Subs. by Act 47 of 1987, s. 23, for clause (f) (w.e.f. 1-4-1988). 2. Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 3. Clause (a) renumbered as clause (aa) thereof by s. 24, ibid. (w.e.f. 1-4-1988). 22 ----- (k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) of section 19; (l) the form of application for the consent of the State Board, the fees payable therefore the period within which such application shall be made and the particulars it may contain, under sub-section (2) of section 21; (m) the procedure to be followed in respect of an inquiry under sub-section (3) of section 21; (n) the authorities or agencies to whom information under sub-section (1) of section 23 shall be furnished; (o) the manner in which samples of air or emission may be taken under sub-section (1) of section 26; (p) the form of the notice referred to in sub-section (3) of section 26; (q) the form of the report of the State Board analyst under sub-section (1) of section 27; (r) the form of the report of the Government analyst under sub-section (3) of section 27; (s) the functions of the State Air Laboratory, the procedure for the submission to the said Laboratory of samples of air or emission for analysis or tests, the form of Laboratory’s report thereon, the fees payable in respect of such report and other matters as may be necessary or expedient to enable that Laboratory to carry out its functions, under sub-section (2) of section 28; (t) the qualifications required for Government analysts under sub-section (1) of section 29; (u) the qualification required for State Board analysts under sub-section (2) of section 29; (v) the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to be followed by the Appellate Authority in disposing of the appeals under sub-section (3) of section 31; 1[(w) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 34; (ww) the form in which the annual report of the State Board may be prepared under section 35;] (x) the form in which the accounts of the State Board may be maintained under the sub-section (1) of section 36; 2[(xx) the manner in which notice of intention to make a complaint shall be given under section 43;] (y) the particulars which the register maintained under section 51 may contain; (z) any other matter which has to be, or may be, prescribed. (3) After the first constitution of the State Board, no rule with respect to any of the matters referred to in sub-section (2) [other than those referred to [3][[in clause (aa)]] thereof], shall be made, varied, amended or repealed without consulting that Board. [The Schedule.].—Omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987 _(47 of 1987), s. 25 (w.e.f. 1-4-1988)._ 1. Subs. by Act 47 of 1987, s. 24, for clause (w) (w.e.f. 1-4-1988). 2. Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 3. Subs. by s. 24, ibid., for “in clause (a)” (w.e.f. 1-4-1988). 23 -----

23-Sep-1948

63

The factories act, 1948

https://www.indiacode.nic.in/bitstream/123456789/18999/1/factories_act_1948.pdf

Andaman and Nicobar Islands

THE FACTORIES ACT, 1948 # _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. References to time of day. 4. Power to declare different departments to be separate factories or two or more factories to be a single factory. 5. Power to exempt during public emergency. 6. Approval, licensing and registration of factories. 7. Notice by occupier. CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories. 8. Inspectors. 9. Powers of Inspectors. 10. Certifying surgeons. CHAPTER III HEALTH 11. Cleanliness. 12. Disposal of wastes and effluents. 13. Ventilation and temperature. 14. Dust and fume. 15. Artificial humidification. 16. Overcrowding. 17. Lighting. 18. Drinking water. 19. Latrines and urinals. 20. Spittoons. CHAPTER IV SAFETY 21. Fencing of machinery. 22. Work on or near machinery in motion. ----- SECTIONS 23. Employment of young persons on dangerous machines. 24. Striking gear and devices for cutting off power. 25. Self-acting machines. 26. Casing of new machinery. 27. Prohibition of employment of women and children near cotton-openers. 28. Hoists and lifts. 29. Lifting machines, chains, ropes and lifting tackles. 30. Revolving machinery. 31. Pressure plant. 32. Floors, stairs and means of access. 33. Pits, sumps openings in floors, etc. 34. Excessive weights. 35. Protection of eyes. 36. Precautions against dangerous fumes, gases, etc. 36A. Precautions regarding the use of portable electric light. 37. Explosive or inflammable dust, gas, etc. 38. Precautions in case of fire. 39. Power to require specifications of defective parts or tests of stability. 40. Safety of buildings and machinery. 40A. Maintenance of buildings. 40B. Safety officers. 41. Power to make rules to supplement this Chapter. CHAPTER IVA PROVISIONS RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committee. 41B. Compulsory disclosure of information by the occupier. 41C. Specific responsibility of the occupier in relation to hazardous processes. 41D. Power of Central Government to appoint Inquiry Committee. 41E. Emergency standards. 41F. Permissible limits of exposure of chemical and toxic substances. 41G. Workers’ participation in safety management. 41H. Right of workers to warn about imminent danger. CHAPTER V WELFARE 42. Washing facilities. 43. Facilities for storing and drying clothing. ----- SECTIONS 44. Facilities for sitting. 45. First-aid appliances. 46. Canteens. 47. Shelters, rest rooms and lunch rooms. 48. Creches. 49. Welfare officers. 50. Power to make rules to supplement this Chapter. CHAPTER VI WORKING HOURS OF ADULTS 51. Weekly hours. 52. Weekly holidays. 53. Compensatory holidays. 54. Daily hours. 55. Intervals for rest. 56. Spread over. 57. Night shifts. 58. Prohibition of overlapping shifts. 59. Extra wages for overtime. 60. Restriction on double employment. 61. Notice of periods of work for adults. 62. Register of adult workers. 63. Hours of work to correspond with notice under section 61 and register under section 62. 64. Power to make exempting rules. 65. Power to make exempting orders. 66. Further restrictions on employment of women. CHAPTER VII EMPLOYMENT OF YOUNG PERSONS 67. Prohibition of employment of young children. 68. Non-adult workers to carry tokens. 69. Certificates of fitness. 70. Effect of certificate of fitness granted to adolescent. 71. Working hours for children. 72. Notice of periods of work for children. 73. Register of child workers. 74. Hours of work to correspond with notice under section 72 and register under section 73. 75. Power to require medical examination. 76. Power to make rules. 77. Certain other provisions of law not barred. ----- CHAPTER VIII ANNUAL LEAVE WITH WAGES SECTIONS 78. Application of Chapter. 79. Annual leave with wages. 80. Wages during leave period. 81. Payment in advance in certain cases. 82. Mode of recovery of unpaid wages. 83. Power to make rules. 84. Power to exempt factories. CHAPTER IX SPECIAL PROVISIONS 85. Power to apply the Act to certain premises. 86. Power to exempt public institutions. 87. Dangerous operations. 87A. Power to prohibit employment on account of serious hazard. 88. Notice of certain accidents. 88A. Notice of certain dangerous occurrences. 89. Notice of certain diseases. 90. Power to direct enquiry into cases of accident or disease. 91. Power to take samples. 91A. Safety and occupational health surveys. CHAPTER X PENALTIES AND PROCEDURE 92. General penalty for offences. 93. Liability of owner of premises in certain circumstances. 94. Enhanced penalty after previous conviction. 95. Penalty for obstructing Inspector. 96. Penalty for wrongfully disclosing results of analysis under section 91. 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H. 97. Offences by workers. 98. Penalty for using false certificate of fitness. 99. Penalty for permitting double employment of child. 100. [Repealed.] 101. Exemption of occupier or manager from liability in certain cases. 102. Power of Court to make orders. 103. Presumption as to employment. 104. Onus as to age. ----- SECTIONS 104A. Onus of proving limits of what is practicable, etc. 105. Cognizance of offences. 106. Limitation of prosecutions. 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. CHAPTER XI SUPPLEMENTAL 107. Appeals. 108. Display of notices. 109. Service of notices. 110. Returns. 111. Obligations of workers. 111A. Right of workers, etc. 112. General power to make rules. 113. Powers of Centre to give directions. 114. No charge for facilities and conveniences. 115. Publication of rules. 116. Application of Act to Government factories. 117. Protection to persons acting under this Act. 118. Restrictions on disclosure of information. 118A. Restriction on disclosure of information. 119. Act to have effect notwithstanding anything contained in Act 37 of 1970. 120. Repeal and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. ----- # THE FACTORIES ACT, 1948 ACT NO. 63 OF 1948[1] An Act to consolidate and amend the law regulating labour in factories. [23rd September, 1948.] WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948.** 2[(2) It extends to the whole of India 3***.] (3) It shall come into force on the 1st day of April 1949. **2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—** (a) “adult” means a person who has completed his eighteenth year of age; (b) “adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year; 4[(bb) “calendar year” means the period of twelve months beginning with the first day of January in any year;] (c) “child” means a person who has not completed his fifteenth year of age; 5[(ca) “competent person”, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to— (i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory; (cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;] (d) “young person” means a person who is either a child or an adolescent; 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule. 2. Subs. by the A.O. 1950, for sub-section (2). 3. The words “except the state of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. Ins. by Act 25 of 1954, s. 2 (w.e.f. 7-5-1954). 5. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). ----- (e) “day” means a period of twenty-four hours beginning at midnight; (f) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) “power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) “prime mover” means any engine, motor or other appliance which generates or otherwise provides power; (i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (k) “manufacturing process” means any process for— (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or 1[(ii) pumping oil, water, sewage or any other substance; or] (iii) generating, transforming or transmitting power; or 2[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; [3][or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; [3][or] 3[(vi) preserving or storing any article in cold storage;] (l) “worker” means a person [4][employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process [3][but does not include any member of the armed forces of the Union]; (m) “factory” means any premises including the precincts thereof— (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of [5][the Mines Act, 1952 (35 of 1952)], or [6][a mobile mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place]. 1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954). 3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 4. Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976). 5. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954). 6. Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976). ----- 1[Explanation 2[I]—For computing the number of workers for the purposes of this clause all the workers in [3][different groups and relays] in a day shall be taken into account;] 4[Explanation II.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;] (n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory [5]***. 4[Provided that— (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] 1[6[Provided further that] in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,— (1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under— (a) section 6, section 7, [4][section 7A, section 7B,] section 11 or section 12; (b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock; (c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; (2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to— (a) the workers employed directly by him, or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person; 7* * * * * (p) “prescribed” means prescribed by rules made by the State Government under this Act; 8* * * * * (r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a [9][“group” or “relay”] and each of such periods is called a “shift”. 1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 2. The Explanation renumbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 3. Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987). 4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987). 5. Certain words omitted by s. 2, ibid. (w.e.f. 1-12-1987). 6. Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987). 7. Omitted by s. 2, ibid. (w.e.f. 1-12-1987). 8. Omitted by the A. O. 1950. 9. Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987). ----- **3. References to time of day.—In this Act references to time of day are references to Indian Standard** Time, being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules— (a) specifying the area, (b) defining the local mean time ordinarily observed therein, and (c) permitting such time to be observed in all or any of the factories situated in the area. 1[4. Power to declare different departments to be separate factories or two or more factories to **be a single factory.—The State Government may, [2][on its own or] on an application made in this behalf** by an occupier, direct, by an order in writing [2][and subject to such conditions as it may deem fit that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:] 3[Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.] **5. Power to exempt during public emergency.—In any case of public emergency the State** Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act [4][except section 67] for such period and subject to such conditions as it may think fit: Provided that no such notification shall be made for a period exceeding three months at a time. 5[Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.] **6. Approval, licensing and registration of factories.—(1) The State Government may make rules—** 6[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;] 7[(aa)] requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given. (2) If on an application for permission referred to in [8][clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. 1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 3 (w.e.f. 1-12-1987). 3. Added by s. 3, ibid. (w.e.f. 1-12-1987). 4. Ins. by the A.O. 1950. 5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976). 6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 7. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-10-1976). 8. Subs. by s. 4, ibid., for “clause (a)” (w.e.f. 26-10-1976). ----- (3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case. _Explanation.—A factory shall not be deemed to be extended within the meaning of this section by_ reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery [1][if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health]. **7. Notice by occupier.—(1) The occupier shall, at least fifteen days before he begins to occupy or** use any premises as a factory, send to the Chief Inspector a written notice containing— (a) the name and situation of the factory; (b) the name and address of the occupier; 2[(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;] (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process— (i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and (ii) to be carried on in the factory during the next twelve months in the case of all factories; 3[(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;] (f) the name of the manager of the factory for the purposes of this Act; (g) the number of workers likely to be employed in the factory; (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act; (i) such other particulars as may be prescribed. (2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act. (3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) [4][at least thirty days] before the date of the commencement of work. (4) Whenever a new manager is appointed, the occupier shall send to the [5][Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge. (5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act. 1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976). 2. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954). 3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-1976). 4. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949). 5. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954). ----- CHAPTER II THE INSPECTING STAFF 1[7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include— (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health; (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; (c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work; (d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. (3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. ***7B. General duties of manufacturers, etc., as regards articles and substances for use in** **factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any** factory, shall— (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a); (c) take such steps as may be necessary to ensure that adequate information will be available— (i) in connection with the use of the article in any factory; (ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see— (a) that the article conforms to the same standards if such article is manufactured in India, or (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. (2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise. 1. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987). *. Ins. by s. 4, ibid. (w.e.f. 1-6-1988). ----- (3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections. (4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control. (5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking. (6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article. _Explanation.—For the purposes of this section, “article” shall include plant and machinery.]_ **8. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint such** persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. 1[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification. (2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the power of an Inspector throughout the State.] (3) No person shall be appointed under sub-section (1), sub-section (2) [1][, sub-section (2A)] or sub-section (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. (4) Every District Magistrate shall be an Inspector for his district. (5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively. (6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers, which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent. (7) [2][Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section] shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf. 1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976). 2. Subs. by s. 6, ibid., for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976). ----- **9. Powers of Inspectors.—Subject to any rules made in this behalf, an Inspector may, within the** local limits for which he is appointed,— (a) enter, with such assistants, being persons in the service of the Government, or any local or other public authority, [1][or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 2[(b) make examination of the premises, plant, machinery, article or substance; (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; (d) require the production of any prescribed register or any other document relating to the factory; (e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; (f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b); (g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment; (h) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; (i) exercise such other powers as may be prescribed.] **10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to** be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. (2) A certifying surgeon may, with the approval of the State Government, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised. (3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any patent or machinery connected therewith or is otherwise in the employ of the factory: 3[Provided that the State Government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of persons from the provisions of this sub-section in respect of any factory or class or description of factories.] (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of young persons under this Act; 1. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987). 2. Subs. by s. 5, ibid., for clauses (b) and (c) (w.e.f. 1-12-1987 ). 3. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976). ----- (b) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed; (c) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where— (i) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein; (ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; (iii) young persons are, or are about to be, employed in any work which is likely to cause injury to their health. _Explanation.—In this section “qualified medical practitioner” means a person holding a qualification_ granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)[1]. CHAPTER III HEALTH **11. Cleanliness.—(1) Every factory shall be kept clean and free from effluvia arising from any drain,** privy or other nuisance, and in particular— (a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; (b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; (d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall— (i) where they are [2][painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years; 3[(ia) where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;] (ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept whitewashed, or colourwashed, and the whitewashing or colourwashing shall be carried out at least once in every period of fourteen months; 3[(dd) all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;] (e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register. 1. See now the Indian Medical Council Act, 1956 (102 of 1956). 2. Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976). 3. Ins. by s. 8, ibid. (w.e.f. 26-10-1976). ----- (2) If, in view of the nature of the operations carried on [1][in a factory or class or description of factories or any part of a factory or class or description of factories], it is not possible for the occupier to comply with all or any of the provisions of subsection (1), the State Government may by order exempt such factory or class or description of factories [2][or part] from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean stale. **12. Disposal of wastes and effluents.—[3][(1) Effective arrangements shall be made in every factory** for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.] (2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed. **13. Ventilation and temperature.—(1) Effective and suitable provision shall be made in ever** factory for securing and maintaining in every workroom— (a) adequate ventilation by the circulation of fresh air, and (b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular,— (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable; (ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means. (2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that [4][proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained.] 5[(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.] **14. Dust and fume.—(1) In every factory in which, by reason of the manufacturing process carried** on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. (2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room. 1. Subs. by Act 94 of 1976, s. 8, for “in a factory” (w.e.f. 26-10-1976). 2. Ins. by s. 8, ibid. (w.e.f. 26-10-1976). 3. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 6, for certain words (w.e.f. 1-12-1987). 5. Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 1-12-1987). ----- **15. Artificial humidification.—(1) In respect of all factories in which the humidity of the air is** artificially increased, the State Government may make rules,— (a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humidity of the air; (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. (2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used. (3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date. **16. Overcrowding.—(1) No room in any factory shall be overcrowded to an extent injurious to the** health of the workers employed therein. (2) Without prejudice to the generality of sub-section (1) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least [1][9.9 cubic metres] and of a factory built after the commencement of this Act at least [2][14.2 cubic metres] of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than [3][4.2 metres] above the level of the floor of the room. (3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. (4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. **17. Lighting.—(1) In every part of a factory where workers are working of passing there shall be** provided and maintained sufficient and suitable lighting, natural or artificial, or both. (2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction. (3) In every factory effective provision shall, so far as is practicable, be made for the prevention of— (a) glare, either directly from a source of light or by reflection from a smooth or polished surface: (b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker. (4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. **18. Drinking water.—(1) In every factory effective arrangements shall be made to provide and** maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. 1. Subs. by Act 20 of 1987, s. 7, for “three hundred and fifty cubic feet” (w.e.f. 1-12-1987). 2. Subs. by s. 7, ibid., for “five hundred cubic feet” (w.e.f. 1-12-1987). 3. Subs. by s. 7, ibid., for “fourteen feet” (w.e.f. 1-12-1987). ----- (2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within [1][six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector. (3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. **19. Latrines and urinals.—(1) In every factory—** (a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory; (b) separate enclosed accommodation shall be provided for male and female workers; (c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage; (d) all such accommodation shall be maintained in a clean and sanitary condition at all times; (e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. (2) In every factory wherein more than two hundred and fifty workers are ordinarily employed— (a) all latrine and urinal accommodation shall be of prescribed sanitary types; (b) the floors and internal walls, up to a height of [2][ninety centimetres], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface; (c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. (3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. **20. Spittoons.—(1) In every factory there shall be provided a sufficient number of spittoons in** convenient places and they shall be maintained in a clean and hygienic condition. (2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. 1. Subs. by Act 20 of 1987, s. 8, for “twenty feet of any washing place, urinal or latrine” (w.e.f. 1-12-1987). 2. Subs. by s. 9, ibid., for “three feet” (w.e.f. 1-12-1987). ----- (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees. CHAPTER IV SAFETY **21. Fencing of machinery.—(1) In every factory the following, namely:—** (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not; (ii) the headrace and tailrace of every water-wheel and water turbine: (iii) any part of a stock-bar which projects beyond the head stock of a lathe; and (iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely:— (a) every part of an electric generator, a motor or rotary converter; (b) every part of transmission machinery; and (c) every dangerous part of any other machinery; shall be securely fenced by safeguards of substantial construction which [1][shall be constantly maintained and kept in position] while the parts of machinery the y are fencing are in motion or in use: 2[Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when— (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or (ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.] (2) The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section. **22. Work on or near machinery in motion.—(1) [3][Where in any factory it becomes necessary to** examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out— (a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or 1. Subs. by Act 94 of 1976, s. 10, for “shall be kept in position” (w.e.f. 26-10-1976). 2. Subs. by s. 10, ibid., for the proviso (w.e.f. 26-10-1976). 3. Subs. by s. 11, ibid., for the opening paragraph and clause (a) (w.e.f. 26-10-1976). ----- (b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engaged,— (a) such worker shall not handle a belt at a moving pulley unless— (i) the belt is not more than fifteen centimetres in width; (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); (iii) the belt joint is either laced or flush with the belt; (iv) the belt, including the joint and the pulley rim, are in good repair; (v) there is reasonable clearance between the pulley and any fixed plant or structure; (vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and (vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;] (b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact. 1[(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.] (3) The State Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion. **23. Employment of young persons on dangerous machines.—(1) No young person [2][shall be** required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and— (a) has received sufficient training in work at the machine, or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. **24. Striking gear and devices for cutting off power.—(1) In every factory—** (a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. 1. Subs. by Act 25 of 1954, s. 6, for sub-section (2) (w.e.f. 7-5-1954). 2. Subs. by Act 20 of 1987, s. 10, for “shall work” (w.e.f. 1-12-1987). ----- (2) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom: Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power. 1[(3) When a device, which can inadvertently shift from “off” to “on” position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted]. **25. Self-acting machines.—No traversing part of a self-acting machine in any factory and no** material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of [2][forty-five centimetres] from any fixed structure which is not part of the machine: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. **26. Casing of new machinery.—(1) In all machinery driven by power and installed in any factory** after the commencement of this Act,— (a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. (2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of 3[sub-section (1) or any rules made under sub-section (3)], shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 4[(3) The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines.] **27. Prohibition of employment of women and children near cotton-openers.—No woman or child** shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated. **28. Hoists and lifts.—(1) In every factory—** (a) every hoist and lift shall be— (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination; 1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 11, for “eighteen inches” (w.e.f. 1-12-1987). 3. Subs. by Act 25 of 1954, s. 7, for “sub-section (1)” (w.e.f. 7-5-1954). 4. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 7-5-1954). ----- (b) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; (d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; (e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. (2) The following additional requirement shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely:— (a) where the cage is supported by rope or chain, there shall be at least two ropes of chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; (c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running. (3) The Chief Inspector may permit the continued, use of a hoist of lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safely as he may think fit to impose. (4) The State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift. 1[Explanation.—For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides.] 2[29. Lifting machines, chains, ropes and lifting tackles.—(1) In any factory the following provisions shall be complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials:— (a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be— (i) of good construction, sound material and adequate strength and free from defects; (ii) properly maintained; and (iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination; (b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises; 1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1-12-1987). 2. Subs. by Act 25 of 1954, s. 8, for section 29 (w.e.f. 7-5-1954). ----- (c) while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within [1][six metres] of that place. (2) The State Government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories— (a) prescribing further requirements to be complied with in addition to those set out in this section; (b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable. (3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safely of the parts examined. _Explanation.—In this section.—_ (a) “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway; 2[(b) “lifting tackle” means any chain sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.] **30. Revolving machinery.—(1)** [3][In every factory] in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. (2) The speeds indicated in notices under sub-section (1) shall not be exceeded. (3) Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power is not exceeded. **31. Pressure plant.—[4][(1) If in any factory, any plant or machinery or any part thereof is operated at** a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded.] (2) The State Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories. 5[(3) The State Government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section.] **32. Floors, stairs and means of access.—In every factory—** (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained [6][and shall be kept free from obstructions and substances likely to cause persons to slip], and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails; 1. Subs. by Act 20 of 1987, s. 13, for “twenty feet” (w.e.f. 1-12-1987). 2. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-12-1987). 3. Subs. by s. 14, ibid., for “in every room in a factory” (w.e.f. 1-12-1987). 4. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-12-1987). 5. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976). 6. Ins. by s. 14, ibid. (w.e.f. 26-10-1976). ----- (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work. 1[(c) when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.] **33. Pits, sumps openings in floors, etc.—(1) In every factory every fixed vessel, sump, tank, pit or** opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced. (2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section. **34. Excessive weights.—(1) No person shall be employed in any factory to lift, carry or move any** load so heavy as to be likely to cause him injury. (2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process. **35. Protection of eyes.—In respect of any such manufacturing process carried on in any factory as** may be prescribed, being a process which involves— (a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or (b) risk to the eyes by reason of exposure to excessive light, the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process. 2[36. Precautions against dangerous fumes, gases, etc.—(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. (2) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless— (a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.] 3[36A. Precautions regarding the use of portable electric light.—In any factory— (a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space 4[unless adequate safety devices are provided]; and (b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that flame-proof construction shall be permitted to be used therein.] 1. Subs. by Act 20 of 1987, s. 16, for clause (c) (w.e.f. 1-12-1987). 2. Subs. by s. 17, ibid., for section 36 (w.e.f. 1-12-1987). 3. Ins. by Act 94 of 1976, s. 16 (w.e.f. 26-10-1976). 4. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1-12-1987). ----- **37. Explosive or inflammable dust, gas, etc.—(1) Where in any factory any manufacturing process** produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any such explosion by— (a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; (c) exclusion or effective enclosure of all possible sources of ignition. (2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes, baffles, vents or other effective appliances. (3) Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely:— (a) before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stop-valve or other means; (b) before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure; (c) where any such fastening as aforesaid has been loosened or removed effective measures shall be taken or prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured, or the case may be, securely replaced; Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. (4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. (5) The State Government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section. 1[38. Precautions in case of fire.—(1) In every factory, all practicable measures shall he taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain— (a) safe means of escape for all persons in the event of a fire, and (b) the necessary equipment and facilities for extinguishing fire. (2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. (3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2). 1. Subs. by Act 20 of 1987, s. 19, for section 38 (w.e.f. 1-12-1987). ----- (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.] **39. Power to require specifications of defective parts or tests of stability.—If it appears to the** Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on [1][the occupier or manger or both] of the factory an order in writing requiring him before a specified date— (a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or (b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof. **40. Safety of buildings and machinery.—(1) If it appears to the Inspector that any building or part** of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on [1][the occupier or manager or both] of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date. (2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 1[the occupier or manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 2[40A. Maintenance of buildings.—If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.] **40B. Safety Officers.—(1) In every factory—** (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification. (2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.] **41. Power to make rules to supplement this Chapter.—The State Government may make rules** requiring the provision in any factory or in any class or description of factories of such further [3][devices and measures] for securing the safety of persons employed therein as it may deem necessary. 1. Subs. by Act 94 of 1976, s. 18, for “the manager” (w.e.f. 26-10-1976). 2. Ins. by s. 19, ibid. (w.e.f. 26-10-1976). 3. Subs. by s. 20, ibid., for “devices” (w.e.f. 26-10-1976). ----- 1[CHAPTER IVA PROVISIONS RELATING TO HAZARDOUS PROCESSES **41A. Constitution of Site Appraisal Committee.—(1) The State Government may, for purposes of** advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of an such factory, appoint a Site Appraisal Committee consisting of— (a) the Chief Inspector of the State who shall be its Chairman; (b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (f) a representative of the Department of Environment in the State; (g) a representative of the Meteorological Department of the Government of India; (h) an expert in the field of occupational health; and (i) a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-opted by the State Government who shall be— (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose jurisdiction the factory is to be established, and (iii) not more than three other persons as deemed fit by the State Government. (2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form. (3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee. (4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. (5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981). 1. Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-12-1987). ----- **41B. Compulsory disclosure of information by the occupier.—(1) The occupier of every factory** involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufactures, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. (2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy. (3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specification and other characteristics of wastes and the manner of their disposal. (4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place. (5) Every occupier of a factory shall,— (a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 (20 of 1987), within a period of thirty days of such commencement; and (b) if such factory proposes to engaged in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. (6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act, be liable for cancellation. (7) The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity. **41C. Specific responsibility of the occupier in relation to hazardous processes.—Every occupier** of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) provide for medical examination of every worker— (a) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (b) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed. ----- **41D. Power of Central Government to appoint Inquiry Committee.—(1) The Central** Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere. (2) The Committee appointed under sub-section (1) shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to the requirements of the situation. (3) The recommendations of the Committee shall be advisory in nature. **41E. Emergency standards.—(1) Where the Central Government is satisfied that no standards of** safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. (2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act. ***41F. Permissible limits of exposure of chemical and toxic substances.—(1) The maximum** permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule. (2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field by notification in the Official Gazette, make suitable changes in the said Schedule. **41G. Workers’ participation in safety management.—(1) The occupier shall, in every factory** where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf: Provided that the State Government may, by order in writing and for reasons to be recorded exempt the occupier of any factory or class of factories from setting up such Committee. (2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed. **41H. Right of workers to warn about imminent danger.—(1) Where the workers employed in any** factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector. (2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector. (3) If the occupier, agent, manager or the person in charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final.] - Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-6-1988). ----- CHAPTER V WELFARE **42. Washing facilities.—(1) In every factory—** (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. (2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing. **43. Facilities for storing and drying clothing.—The State Government may, in respect of any** factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn daring working hours and for the drying of wet clothing. **44. Facilities for sitting.—(1) In every factory suitable arrangements for sitting shall be provided and** maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. (2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. (3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process. **45. First-aid appliances.—(1) There shall in every factory be provided and maintained so as to be** readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed [1][at any one time] in the factory. 2[(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard. (3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person [3][who holds a certificate in first-aid treatment recognised by the State Government] and who shall always be readily available during the working hours of the factory.] 4[(4)] In every factory wherein more than five hundred workers are 5[ordinarily employed] there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed [6][and those facilities shall always be made readily available during the working hours of the factory]. **46. Canteens.—(1) The State Government may make rules requiring that in any specified factory** wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which such canteen shall be provided; 1. Ins. by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 2. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 7-5-1954). 3. Subs. by Act 94 of 1976, s. 21, for “who is trained in first-aid treatment” (w.e.f. 26-10-1976). 4. Sub-section (3) renumbered as sub-section (4) by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 5. Subs. by Act 94 of 1976, s. 21, for “employed” (w.e.f. 26-10-1976). 6. Ins. by s. 21, ibid. (w.e.f. 26-10-1976). ----- (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; 1[(dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;] (e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). **47. Shelters, rest rooms and lunch rooms.—(1) In every factory wherein more than one hundred** and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exists no worker shall eat any food in the work room. (2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted aid ventilated and shall be maintained in a cool and clean condition. (3) The State Government may— (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section. **48. Creches.—(1) In every factory wherein more than** [2][thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. (2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. (3) The State Government may make rules— (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section; (b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; (c) requiring the provision in any factory of free milk or refreshment or both for such children; (d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals. **49. Welfare officers.—(1) In every factory wherein five hundred or more workers are ordinarily** employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). 1. Ins. by Act 94 of 1976, s. 22 (w.e.f. 26-10-1976). 2. Subs. by s. 23, ibid., for “fifty women workers” (w.e.f. 26-10-1976). ----- **50. Power to make rules to supplement this Chapter.—The State Government may make rules—** (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter; (b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers. CHAPTER VI WORKING HOURS OF ADULTS **51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than** forty-eight hours in any week. **52. Weekly holidays.—(1) No adult worker shall be required or allowed to work in a factory on the** first day of the week (hereinafter referred to as the said day), unless— (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,— (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. (2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier. (3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week. **53. Compensatory holidays.—(1) Where, as a result of the passing of an order or the making of a** rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed. **54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or** allowed to work in a factory for more than nine hours in any day: 1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.] **55. Intervals for rest.—[2][(1)] [3][The periods of work] of adult workers in a factory each day shall be** so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. 1. Added by Act 25 of 1954, s. 10 (w.e.f. 7-5-1954). 2. Section 55 renumbered as sub-section (1) of that section by s. 11, ibid. (w.e.f. 7-5-1954). 3. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “The period” (w.e.f. 1-5-1949). ----- 1[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so, however, that the total number of hours worked by a worker without an interval does not exceed six.] **56. Spread over.—The periods of work of an adult worker in a factory shall be so arranged that** inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing increase the [2][spread over up to twelve hours]. **57. Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight,—** (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. **58. Prohibition of overlapping shifts.—(1) Work shall not be carried on in any factory by means of** system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 3[(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).] **59. Extra wages for overtime.—(1) Where a worker works in a factory for more than nine hours in** any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. 4[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. (3) Where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers: Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earning of the worker for the days on which he actually worked in the week in which the overtime work was done. _Explanation.—For the purposes of this sub-section in computing the earnings for the days on which_ the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.] 1. Added by Act 25 of 1954, s. 11 (w.e.f. 7-5-1954). 2. Subs. by Act 94 of 1976, s. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976). 3. Subs. by Act 25 of 1954, s. 12, for sub-section (2) (w.e.f. 7-5-1954). 4. Subs. by Act 94 of 1976, s. 25, for sub-sections (2) and (3) (w.e.f. 26-10-1976). ----- 1[(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. _Explanation 1.—“Standard family” means a family consisting of the worker, his or her spouse and_ two children below the age of fourteen years requiring in all three adult consumption units. _Explanation 2.—“Adult consumption unit” means the consumption unit of a male above the age of_ fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. (5) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.] **60. Restriction on double employment.—No adult worker shall be required or allowed to work in** any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. **61. Notice of periods of work for adults.—(1) There shall be displayed and correctly maintained in** every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54, [2][ 55, 56 and 58]. (3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally. (4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group. (5) For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work. (6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work. (7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day. (8) The State Government may prescribe forms of the notice required by sub-section (1) and the manner in which it shall be maintained. (9) In the case of a factory beginning work after the commencement of this Act, a copy of the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on which work is begun in the factory. 1. Subs. by Act 25 of 1954, s. 13, for sub-section (4) (w.e.f. 7-5-1954). 2. Subs. by s. 14, ibid., for “55 and 56” (w.e.f. 7-5-1954). ----- (10) Any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change. **62. Register of adult workers.—(1) The manager of every factory shall maintain a register of adult** workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing— (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; (e) such other particulars as may be prescribed: Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as the register of adult workers in that factory. 1[(1A) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.] (2) The State Government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved. **63. Hours of work to correspond with notice under section 61 and register under** **section 62.—No adult worker shall be required or allowed to work in any factory otherwise than in** accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory. **64. Power to make exempting rules.—(1) The State Government may make rules defining the** persons who hold positions of supervision or management or are employed in a confidential position in a factory [2][or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined [2][or declared]: 2[Provided that any person so defined or declared shall, where the ordinary rate of wages of such person [3][does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of overtime work under section 59.] (2) The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed— (a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56; (b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56; (c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56; 1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976). 2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976). 3. Subs. by Act 20 of 1987, s. 21, for “does not exceed rupees seven hundred and fifty per month” (w.e.f. 1-12-1987). ----- (d) of workers engaged in any work which for technical reasons must be carried on continuously [1]*** from the provisions of sections 51, 52, 54, 55 and 56; (e) of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of [2][section 51 and section 52]; (f) of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons, from the provisions of [2][section 51, section 52 and section 54]; (g) of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55; (h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission machinery, from the provisions of [2][section 51 and section 52]; 3[(i) of workers engaged in the printing of newspapers, who are held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56. _Explanation.—In this clause the expression “newspapers'' has the meaning assigned to it in the_ Press and Registration of Books Act, 1867 (25 of 1867); (j) of workers engaged in the loading or unloading of railway wagons, [4][or lorries or truck] from the provisions of sections 51, 52, 54, 55 and 56]; 4[(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56.] (3) Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe. 5[(4) In making rules under this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2), the following limits of work inclusive of overtime:— (i) the total number of hours of work in any day shall not exceed ten; (ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty; 4[(iii) the total number of hours of work in a week, including overtime, shall not exceed sixty;] 6[(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter. _Explanation.—“Quarter” means a period of three consecutive months beginning on the 1st of_ January, the 1st of April, the 1st of July or the 1st of October.] (5) Rules made under this section shall remain in force for not more than [7][five years]. **65. Power to make exempting orders.—(1) Where the State Government is satisfied that, owing to** the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it 1. The words “throughout the day” omitted by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954). 2. Subs. by Act 94 of 1976, s. 27, for “section 52” (w.e.f. 26-10-1976). 3. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954). 4. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 5. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954). 6. Clause (iii) renumbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 7. Subs. by s. 27, ibid., for “three years” (w.e.f. 26-10-1976). ----- may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work. (2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. 1[(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:— (i) the total number of hours of work in any day shall not exceed twelve; (ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; (iii) the total number of hours of work in any week, including overtime, shall not exceed sixty; (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five. _Explanation.—In this sub-section “quarter” has the same meaning as in sub-section (4) of_ section 64.] 2* * * * * **66. Further restrictions on employment of women.—(1) The provisions of this Chapter shall, in** their application to women in factories, be supplemented by the following further restrictions, namely:— (a) no exemption from the provisions of section 54 may be granted in respect of any woman; (b) no woman shall be [3][required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazette, in respect of [4][any factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 P.M. and 5 A.M.: 5[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.] (2) The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. (3) The rules made under sub-section (2) shall remain in force for not more than three years at a time. CHAPTER VII EMPLOYMENT OF YOUNG PERSONS **67. Prohibition of employment of young children.—No child who has not completed his fourteenth** year shall be required or allowed to work in any factory. **68. Non-adult workers to carry tokens.—A child who has completed his fourteenth year or an** adolescent shall not be required or allowed to work in any factory unless— (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and 1. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976). 2. Omitted by s. 28, ibid. (w.e.f. 26-10-1976). 3. Subs. by s. 29, ibid., for “employed in any factory” (w.e.f. 26-10-1976). 4. Subs. by s. 29, ibid., for “any class or description of factories” (w.e.f. 26-10-1976). 5. Ins. by Act 25 of 1954, s. 17 (w.e.f. 7-5-1954). ----- (b) such child or adolescent carries while he is at work a token giving a reference to such certificate. **69. Certificates of fitness.—(1) A certifying surgeon shall, on the application of any young person** or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory. (2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew— (a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work; (b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory: Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place. (3) A certificate of fitness granted or renewed under sub-section (2)— (a) shall be valid only for a period of twelve months from the date thereof: (b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months. (4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. (5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing. (6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions. (7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. **70. Effect of certificate of fitness granted to adolescent.—(1) An adolescent who has been granted** a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapter VI and VIII. 1* * * * * 2[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazelle, in respect of any factory or group or class or description of factories,— (i) vary the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M. 1. The proviso and the Explanation omitted by Act 20 of 1987, s. 22 (w.e.f. 1-12-1987). 2. Ins. by s. 22, ibid. (w.e.f. 1-12-1987). ----- (ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.] (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act. **71. Working hours for children.—(1) No child shall be employed or permitted to work, in any** factory— (a) for more than four and a half hours in any day; 1[(b) during the night. _Explanation.—For the purpose of this sub-section “night” shall mean a period of at least twelve_ consecutive hours which shall include the interval between 10 P.M. and 6 A.M.] (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child. (4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. 2[(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.] **72. Notice of periods of work for children.—(1) There shall be displayed and correctly maintained** in every factory in which children are employed, in accordance with the provisions of sub-section (2) of section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71. (3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section. **73. Register of child workers.—(1) The manager of every factory in which children are employed** shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing— (a) the name of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted, and (e) the number of his certificate of fitness granted under section 69. 3[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.] (2) The State Government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved. 1. Subs. by Act 25 of 1954, s. 19, for clause (b) (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 23 (w.e.f. 1-12-1987). 3. Ins. by Act 94 of 1976, s. 30 (w.e.f. 26-10-1976). ----- **74. Hours of work to correspond with notice under section 72 and register under** **section 73.—No child worker shall be employed in any factory otherwise than in accordance with the** notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory. **75. Power to require medical examination.—Where an Inspector is of opinion—** (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person. **76. Power to make rules.—The State Government may make rules—** (a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates; (b) prescribing the physical standards to be attained by children and adolescents working in factories; (c) regulating the procedure of certifying surgeons under this Chapter; (d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable. **77. Certain other provisions of law not barred.—The provisions of this Chapter shall be in** addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938). 1[CHAPTER VIII ANNUAL LEAVE WITH WAGES **78. Application of Chapter.—(1) The provisions of this Chapter shall not operate to the prejudice of** any right to which a worker may be entitled under any other law or under the terms of any award, [2][agreement (including settlement)] or contract of service: 3[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.] (2) The provisions of this Chapter shall not apply to workers [4][in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government. **79. Annual leave with wages.—(1) Every worker who has worked for a period of 240 days or more** in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of— (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; 1. Subs. by Act 25 of 1954, s. 20 for Chapter VIII (w.e.f. 7-5-1954). 2. Subs. by Act 94 of 1976, s. 31, for “agreement” (w.e.f. 26-10-1976). 3. Subs. by s. 31, ibid., for the proviso (w.e.f. 26-10-1976). 4. Subs. by s. 31, ibid., for “in any workshop” (w.e.f. 26-10-1976). ----- (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year. _Explanation 1.—For the purpose of this sub-section—_ (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. _Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays_ whether occurring during or at either end of the period of leave. (2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. 1[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made— (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and (ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.] (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted. (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [2][or in contravention of sub-section (10)] shall be entitled to carry forward the [3][leave refused] without any limit. (6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (ii) of section 2 of the Industrial Disputes Act. 1947 (14 of 1947): Provided further that the number of times in which leave may be taken during any year shall not exceed three. 1. Subs. by Act 94 of 1976, s. 32, for sub-section (3) (w.e.f. 26-10-1976). 2. Ins. by s. 32, ibid. (w.e.f. 26-10-1976). 3. Subs. by s. 32, ibid., for “unavailed leave” (w.e.f. 26-10-1976). ----- (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. (9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed. (10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9). (11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment, before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. (12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. **80. Wages during leave period.—(1) For the leave allowed to him under [1][section 78 or section 79,** as the case may be,] a worker [2][shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which [3][he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles: 4[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles.] (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of food grains and other articles admissible to a standard family. _Explanation 1.—“Standard family” means a family consisting of a worker, his or her spouse and two_ children below the age of fourteen years requiring in all three adult consumption units. 1. Subs. by Act 94 of 1976, s. 33, for “section 79” (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 24, for “shall be paid” (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 33, for “he worked” (w.e.f. 26-10-1976). 4. Ins. by Act 20 of 1987, s. 24 (w.e.f. 1-12-1987). ----- _Explanation 2.—“Adult consumption unit” means the consumption unit of a male above the age of_ fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. (3) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. **81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than** four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed. **82. Mode of recovery of unpaid wages.—Any sum required to be paid by an employer, under his** Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936). **83. Power to make rules.—The State Government may make rules directing managers of factories to** keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors. **84. Power to exempt factories.—Where the State Government is satisfied that the leave rules** applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order; exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.] 1[Explanation.—For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.] CHAPTER IX SPECIAL PROVISIONS **85. Power to apply the act to certain premises.—(1) The State Government may, by notification in** the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that— (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family. (2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. _Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgage with_ possession of the premises. **86. Power to exempt public institutions.—The State Government may exempt, subject to such** conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 2[training, research] or reformation, from all or any of the provisions of this Act: 1. Ins. by Act 94 of 1976, s. 34 (w.e.f. 26-10-1976). 2. Subs. by s. 35, ibid., for “training” (w.e.f. 26-10-1976). ----- Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the State Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Act. **87. Dangerous operations.—Where the State Government is of opinion that any [1][manufacturing** process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the [1][manufacturing process or operation] is carried on— (a) specifying the [1][manufacturing process or operation] and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the [1][manufacturing process or operation]; (c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the [1][manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment [2][and requiring the payment by the occupier of the factory of fees for such medical examination]; (d) providing for the protection of all persons employed in the [1][manufacturing process or operation] or in the vicinity of the places where it is carried on; (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the [1][manufacturing process or operation]; 2[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation. 3* * * * * 4[87A. Power to prohibit employment on account of serious hazard.—(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. (2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order. (3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court. (4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed. (5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947).] 1. Subs. by Act 94 of 1976, s. 36, for “operation” (w.e.f. 26-10-1976). 2. Ins. by s. 36, ibid. (w.e.f. 26-10-1976). 3. Omitted by Act 20 of 1987, s. 25 (w.e.f. 1-12-1987). 4. Ins. by s. 26, ibid. (w.e.f. 1-12-1987). ----- **88. Notice of certain accidents.—[1][(1)] Where in any factory an accident occurs which causes death,** or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 2[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period. (3) The State Government may make rules for regulating the procedure at inquiries under this section.] 3[88A. Notice of certain dangerous occurrences.—Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.] **89. Notice of certain diseases.—(1) Where any worker in a factory contracts any disease specified in** 4[the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in [4][the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating— (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is, or was last, employed. (3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 4[the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to [5][one thousand rupees]. 6[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.] **90. Power to direct enquiry into cases of accident or disease.—(1) The State Government may, if it** considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in [7][the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. 1. Section 88 re-numbered as sub-section (1) thereof by Act 94 of 1976, s. 37 (w.e.f. 26-10-1976). 2. Ins. by s. 37, ibid. (w.e.f. 26-10-1976). 3. Ins. by s. 38, ibid. (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 27, for “the Schedule” (w.e.f. 1-12-1987). 5. Subs. by s. 27, ibid., for “fifty rupees” (w.e.f. 1-12-1987). 6. Added by s. 27, ibid. (w.e.f. 1-12-1987). 7. Subs. by s. 28, ibid., for “the Schedule” (w.e.f. 1-12-1987). ----- (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and addition any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. (5) The State Government may make rules for regulating the procedure at inquiries under this section. **91. Power to take samples.—(1) An Inspector may at any time during the normal working hours of a** factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being— (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory. (2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. (4) The Inspector shall— (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance. 1[91A. Safety and occupational health surveys.—(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. 1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976). ----- (2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey. (3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.] 1[Explanation.—For the purposes of this section, the report, if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.] CHAPTER X PENALTIES AND PROCEDURE **92. General penalty for offences.—Save as is otherwise expressly provided in this Act and subject** to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to [2][two years] or with fine which may extend to [3][one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to [4][one thousand rupees] for each day on which the contravention is so continued: 5[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than [6][twenty-five thousand rupees] in the case of an accident causing death, and [7][five thousand rupees] in the case of an accident causing serious bodily injury. _Explanation.—In this section and in section 94 “serious bodily injury” means an injury which_ involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.] 8[93. Liability of owner of premises in certain circumstances.—(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. (2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). (3) Where is any premises, independent or self-containted, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of— (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier; 1. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987). 2. Subs. by s. 30, ibid., for “three months” (w.e.f. 1-12-1987). 3. Subs. by s. 30, ibid., for “two thousand rupees” (w.e.f. 1-12-1987). 4. Subs. by s. 30, ibid., for “seventy-five rupees” (w.e.f. 1-12-1987). 5. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976). 6. Subs. by Act 20 of 1987, s. 30, for “one thousand rupees” (w.e.f. 1-12-1987). 7. Subs. by s. 30, ibid., for “five hundred rupees” (w.e.f. 1-12-1987). 8. Subs. by Act 25 of 1954, s. 21, for section 93 (w.e.f. 7-5-1954). ----- (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages; (iv) precautions in case of fire; (v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises. (4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3). (5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories: Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities. (6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48. (7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of— (i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control: Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him; (iii) section 42. (8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7). (9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.] **94. Enhanced penalty after previous conviction.—[1][(1)] If any person who has been convicted of** any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to [2][three years] or with fine [3][which shall not be less than [4][ten thousand rupees] but which may extend to [5][two lakh rupees]] or with both: 6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than [4][ten thousand rupees]: 1. Section 94 renumbered as sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 31, for “six months” (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 41, for “which may extend to one thousand rupees” (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 31, for “two hundred rupees” (w.e.f. 1-12-1987). 5. Subs. by s. 31, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976). ----- Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than [1][thirty-five thousand rupees] in the case of an accident causing death and [2][ten thousand rupees] in the case of an accident causing serious bodily injury.] 3[(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.] **95. Penalty for obstructing Inspector.—Whoever wilfully obstructs an Inspector in the exercise of** any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an Inspector, shall be punishable with imprisonment for a term which may extend to [4][six months] or with fine which may extend to [5][ten thousand rupees] or with both. **96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so** far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to [6][six months] or with fine which may extend to [7][ten thousand rupees] or with both. 8[96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1) Whoever Whoever fails to comply with or contravenes any of the provisions of section 41B, 41 C or 41 H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.] **97. Offences by workers.—(1) Subject to the provisions of section 111, if any worker employed in a** factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to [9][five hundred rupees]. (2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention. **98. Penalty for using false certificate of fitness.—Whoever knowingly uses or attempts to use, as a** certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to 10[two months] or with fine which may extend to 11[one thousand rupees] or with both. 1. Subs. by Act 20 of 1987, s. 31, for “two thousand rupess” (w.e.f. 1-12-1987). 2. Subs. by s. 31, ibid., for “one thousand rupees” (w.e.f. 1-12-1987). 3. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 32, for “three months” (w.e.f. 1-12-1987). 5. Subs. by s. 32, ibid., for “five hundred rupees” (w.e.f. 1-12-1987). 6. Subs. by s. 33, ibid., for “three months” (w.e.f. 1-12-1987). 7. Subs. by s. 33, ibid., for “five hundred rupees” (w.e.f. 1-12-1987). 8. Ins. by s. 34, ibid. (w.e.f. 1-12-1987). 9. Subs. by s. 35, ibid., for “twenty rupees” (w.e.f. 1-12-1987). 10. Subs. by s. 36, ibid., for “one month” (w.e.f. 1-12-1987). 11. Subs. by s. 36, ibid., for “fifty rupees” (w.e.f. 1-12-1987). ----- **99. Penalty for permitting double employment of child.—If a child works in a factory on any day** on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to [1][one thousand rupees], unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person. **100. [Determination of occupier in certain cases.]** _Rep. by the Factories (Amendment) Act,_ 1987 (20 of 1987), s. 38 (w.e.f. 1-12-1987). **101. Exemption of occupier or manager from liability in certain cases.—Where the occupier or** manager of a factory is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court— (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offenders cannot still be brought before the Court, the Court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager. **102. Power of Court to make orders.—(1) Where the occupier or manager of a factory is convicted** of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period, or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order or the Court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid. **103. Presumption as to employment.—If a person is found in a factory at any time, except during** intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory. 1. Subs. by Act 20 of 1987, s. 37, for “fifty rupees” (w.e.f. 1-12-1987). ----- **104. Onus as to age.—(1) When any act or omission would, if a person were under a certain age, be** an offence punishable under this Act, and such person is in the opinion of the Court _prima facie under_ such age, the burden shall be on the accused to prove that such person is no under such age. (2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker. 1[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.] **105. Cognizance of offences.—(1) No Court shall take cognizance of any offence under this Act** except on complaint by, or with the previous sanction in writing of, an Inspector. (2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act. **106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under** this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. 2[Explanation.—For the purposes of this section,— (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.] 3[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.—For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.] CHAPTER XI SUPPLEMENTAL **107. Appeals.—(1) The manager of a factory on whom an order in writing by an Inspector has been** served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. (2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor. 1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987). ----- (3) Subject to such rules as the Stale Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal. **108. Display of notices.—(1) In addition to the notices required to be displayed in any factory by or** under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon. (2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. (3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory. **109. Service of notices.—The State Government may make rules prescribing the manner of the** service of orders under this Act on owners, occupiers or managers of factories. **110. Returns.—The State Government may make rules requiring owners, occupiers or managers of** factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act. **111. Obligations of workers.—(1) No worker in a factory—** (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and (c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein. (2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. 1[111A. Right of workers, etc.—Every worker shall have the right to— (i) obtain from the occupier, information relating to workers' health and safety at work, (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.] **112. General power to make rules.—The State Government may make rules providing for any** matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act. **113. Powers of Centre to give directions.—The Central Government may give directions to a State** Government to the carrying into execution of the provisions of this Act. **114. No charge for facilities and conveniences.—Subject to the provisions of section 46 no fee or** charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act. 1. Ins. by Act 20 of 1987, s. 41 (w.e.f. 1-12-1987). ----- **115. Publication of rules.—[1][(1)] All rules made under this Act shall be published in the Official** Gazette, and shall be subject to the condition of previous publication; and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than [2][forty-five days] from the date on which the draft of the proposed rules was published. 3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply** to factories belonging to the Central or any State Government. **117. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done under this Act. **118. Restrictions on disclosure of information.—(1) No Inspector shall, while in service or after** leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties. (2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid. (3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 4[118A. Restriction on disclosure of information.—(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act. (2) No inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint: Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name. ] 5[119. Act to have effect notwithstanding anything contained in Act 37 of 1970.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 [6][or any other law for the time being in force.]] **120. Repeal and savings.—The enactments set out in the Table appended to this section are hereby** repealed: Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act. _TABLE.—[Enactments repealed.]_ _Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2_ and the First Schedule (w.e.f. 10-4-1950.) 1. Section 115 renumbered as sub-section (1) thereof by Act 20 of 1987, s. 42 (w.e.f. 1-12-1987). 2. Subs. by s. 42, ibid., for “three months” (w.e.f. 1-12-1987). 3. Ins. by s. 42, ibid. (w.e.f. 1-12-1987). 4. Ins. by s. 43, ibid. (w.e.f. 1-12-1987). 5. Ins. by Act 94 of 1976, s. 44 (w.e.f. 26-10-1976). 6. Ins. by Act 20 of 1987, s. 44 (w.e.f. 1-12-1987). ----- 1[THE FIRST SCHEDULE] [See section 2 (cb)] LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES 1. Ferrous Metallurgical industries **—Integrated Iron and Steel** **—Ferrow-alloys** **—Special Steels** 2. Non-ferrous Metallurgical Industries **—Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium** 3. Foundries (ferrous and non-ferrous) **—Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting** 4. Coal (including coke) industries **—Coal Lignite, coke, etc.** **—Fuel Gases (including Coal Gas, Producer Gas, Water Gas)** 5. Power Generating Industries 6. Pulp and paper (including paper products) industries 7. Fertiliser Industries **—Nitrogenous** **—Phosphatic** **—Mixed** 8. Cement Industries **—Portland Cement (including slag cement, puzzolona cement and their products)** 9. Petroleum industries **—Oil Refining** **—Lubricating Oils and Greases** 10. Petro-chemical Industries 11. Drugs and Pharmaceutical Industries **—Narcotics, Drugs and Pharmaceutical** 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic Industries) 14. Paints and Pigment Industries 15. Leather Tanning Industries 16. Electroplating Industries 1. Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-12-1987). ----- 17. Chemical Industries **—Coke Oven By-products and Coal tar Distillation products** **—Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur** dioxide, nitrous oxide halogenated hydrocarbon, ozone, etc.) **—Industrial Carbon** **—Alkalies and Acids** **—Chromates and dichromates** **—Leads and its compounds** **—Electro chemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and** peroxides) **—Electro thermal produces (artificial abrasive, calcium carbide)** **—Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds)** **—Phosphorous and its compounds** **—Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)** **—Explosives (including industrial explosives and detonators and fuses)** 18. Insecticides, Fungicides, Herbicides and other Pesticides Industries 19. Synthetic Resin and Plastics 20. Man-made Fiber (Cellulosic and non-cellulosic) industry 21. Manufacture and repair of electrical accumulators 22. Glass and Ceramics 23. Grinding or glazing of metals 24. Manufacture, handling and processing of asbestos and its products 25. Extraction of oils and fats from vegetable and animal sources 26. Manufacture, handling and use of benzene and substances containing benzene 27. Manufacturing processes and operations involving carbon disulphide 28. Dyes and Dyestuff including their intermediates 29. Highly flammable liquids and gases. ----- *THE SECOND SCHEDULE (See section 41 F) PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT Permissible limits of exposure Substance Time-weighted average concentration (8 hrs) Short-term exposure limit (15 min) ppm Mg/m[3] ppm Mg/m[3] Acetaldehyde . . . . . . . . . . . . . . . . . . . . 100 180 150 270 Acetic acid. . . . . . . . . . . . . . . . . . . . 10 25 15 37 Acetone. . . . . . . . . . . . . . . . . . . . . 750 1780 1000 2375 Acrelein. . . . . . . . . . . . . . . . . . . . . 0.1 0.25 0.3 0.8 Acrylonitrile—skin . . . . . . . . . . . . . . . . . 2 4.5 . . . . Aldrin-skin. . . . . . . . . . . . . . . . . . . . . . 0.25 . . 0.75 Allychloride. . . . . . . . . . . . . . . . . . . . 1 3 2 6 Ammonia. . . . . . . . . . . . . . . . . . . . 0.25 18 35 27 Aniline-Skin. . . . . . . . . . . . . . . . . . . . 2 10 5 20 Anisidine (o., Pisoners)—skin. . . . . . . . . . . . . . 0.1 0.5 . . . . Arsenic and compounds (as As) . . . . . . . . . . . . . . . . 0.2 . . . . Benzene. . . . . . . . . . . . . . . . . . . . 10 20 25 75 Beryllium . . . . . . . . . . . . . . . . . . . . . . 0.20 . . . . Boron trifluoride. . . . . . . . . . . . . . . . . . . . 0.1 0.3 . . . . Bromine. . . . . . . . . . . . . . . . . . . . 0.1 0.7 0.3 2 Butane. . . . . . . . . . . . . . . . . . . . 800 1900 . . . . 2-Butanone (Methyl-ethyl Ketone-MEK) . . . . . . . . . . 200 590 300 885 n-Butyl acetate. . . . . . . . . . . . . . . . . . . . 150 710 200 950 n-Butyle alcohol-Skin. . . . . . . . . . . . . . . . . . C50 C150 . . . . sec/tert. Butyl acetate. . . . . . . . . . . . . . . . . . 200 950 250 1190 Butyl Mercaptan. . . . . . . . . . . . . . . . . . . . 0.5 1.5 . . . . Cadmium-Dusts and salts (as Cd) . . . . . . . . . . . . . . . 0.05 . . 0.2 Calcium oxide. . . . . . . . . . . . . . . . . . . . . . 2 . . . . Carbaryl (Sevin) . . . . . . . . . . . . . . . . . . . . . . 5 . . 10 Carbofuran (Furadan) . . . . . . . . . . . . . . . . . . . . 0.1 . . . . Carbon disulphide—Skin. . . . . . . . . . . . . . . . . 10 30 . . . . - Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-6-1988). ----- ppm Mg/m[3] ppm Mg/m[3] Carbon monoxide) . . . . . . . . . . . . . . . . . . . 50 40 400 440 Carbon to trachloride—skin . . . . . . . . . . . . . . . m5 30 20 125 Carbonyl Chloride (Phosgene). . . . . . . . . . . . . . 0.1 0.4 .. .. Chlorobenzene (Monochloro-benzene). . . . . . . . . . 75 350 . . . . Chlordane-skin. . . . . . . . . . . . . . . . . . . . . . 0.5 . . . . Chlorine . . . . . . . . . . . . . . . . . . . . . . 1 3 3 9 Chloroform . . . . . . . . . . . . . . . . . . . . . . 10 50 50 225 Bis-Chloromethyl ether . . . . . . . . . . . . . . . . 0.001 0.005 . . . . Chromic acid and chromates (as Cr) . . . . . . . . . . . . . 0.05 . . . . . . . . Chromous Salts (as Cr). . . . . . . . . . . . . . . . . . . 0.05 . . . . Copper fume. . . . . . . . . . . . . . . . . . . . . . . . 0.2 . . 0.6 Cotton dust, raw . . . . . . . . . . . . . . . . . . . . . . 0.2 . . . . Crosol, all isomers—skin . . . . . . . . . . . . . . . . 5 22 . . . . Cyanides (as CN)—skin . . . . . . . . . . . . . . . . . . 5 . . . . Cyanogen . . . . . . . . . . . . . . . . . . . . . . . . 10 20 . . 3 DDT (Dichlorodiphenyl Trichloroethane) . . . . . . . . . . . . 1 0.03 0.3 demeton-skin . . . . . . . . . . . . . . . . . . . . . . 0.01 0.1 . . 0.3 Diazinon-skin . . . . . . . . . . . . . . . . . . . . . . . . 0.1 . . 10 Dibutyl Phythalate . . . . . . . . . . . . . . . . . . . . . 5 0.3 3 Dichlorvos (DDVP)—skin . . . . . . . . . . . . . . . 0.1 1 . . 0.75 Dieldrin—skin . . . . . . . . . . . . . . . . . . . . . . 0.25 0.5 3 Dinitrobenzene (all isomers)—skin . . . . . . . . . . . . 0.15 1 Dinitrotolune-skin . . . . . . . . . . . . . . . . . . . . . 1.5 . . 5 Diphenyl . . . . . . . . . . . . . . . . . . . . . . 0.2 1.5 0.6 4 0.4 Endosulfan (Thiodan)—skin . . . . . . . . . . . . . . . . 0.1 . . 0.3 Endrin—skin . . . . . . . . . . . . . . . . . . . . . . . 0.1 . . . . Ethyl acetate . . . . . . . . . . . . . . . . . . . . 400 1400 . . . . Ethyl alcohol . . . . . . . . . . . . . . . . . . . . 1000 1900 . . . . Ethylamine . . . . . . . . . . . . . . . . . . . . . . 10 18 . . . . Fluorides (as F) . . . . . . . . . . . . . . . . . . . . . . 2.5 . . Fluorine . . . . . . . . . . . . . . . . . . . . . . . 1 2 2 4 Formic Acid . . . . . . . . . . . . . . . . . 5 9 . . . . Hydrazine—skin . . . . . . . . . . . . . . . . . 0.1 0.1 . . . . Hydrogen Chloride . . . . . . . . . . . . . . . . . C5 C7 . . . . ----- ppm Mg/m[3] ppm Mg/m[3] Hydrogen Cyanide—skin. . . . . . . . . . . . . . . . . C10 C10 . . . . Hydrogen fluoride (as F) . . . . . . . . . . . . . . . . . 3 2.5 6 5 Hydrogen Peroxide. . . . . . . . . . . . . . . . . . . 1 1.5 2 3 Hydrogen Sulphide. . . . . . . . . . . . . . . . . . . 10 14 15 21 Iodine. . . . . . . . . . . . . . . . . . . . . . . C0.1 C1 . . . . Iron-Oxide Fume (Fez O3) (as Fe) . . . . . . . . . . . . . . . 5 . . 10 Isoamyl acetate. . . . . . . . . . . . . . . . . . . . . 100 525 125 665 Isoamyl alcohol. . . . . . . . . . . . . . . . . . . . . 100 360 125 450 Isobutyl alcohal. . . . . . . . . . . . . . . . . . . . . 50 150 75 225 Lead, inorg, dusts and fumes (as Pb) . . . . . . . . . . . . . . 0.15 . . 0.45 Lindane-skin. . . . . . . . . . . . . . . . . . . . . . . . 0.5 . . 1.5 Malathion-skin. . . . . . . . . . . . . . . . . . . . . . . 10 . . . . Manganese (as Mn) dust and compounds. . . . . . . . . . . . C05 . . . . Fume . . . . . . . . . . . . . . . . . . . . . . . . 1 . . 0.3 Mercury (as Hg)—skin Alkyl compounds. . . . . . . . . . . . 0.01 . . 0.03 . . . . All forms except alkyl vapour. . . . . . . . . . . . . . . . . 0.05 . . . . Aryl and inorganic compounds. . . . . . . . . . . . . . . . 0.1 Methyl alcohol (methanol)—skin. . . . . . . . . . . . . 200 260 250 310 Methyl cellosolve—skin (2 methoxy ethanol) . . . . . . . . 5 16 . . . . Methyl isobutyl ketone—skin. . . . . . . . . . . . . . . 50 205 75 300 Methyl Isocyanate. . . . . . . . . . . . . . . . . . . 0.02 0.05 . . . . Napthalene. . . . . . . . . . . . . . . . . . . . . . . 10 50 15 75 Nickel carbonyl (as Ni) . . . . . . . . . . . . . . . . . 0.05 0.35 . . . . Nitric acid. . . . . . . . . . . . . . . . . . . . . . . . 2 5 4 10 Nitric oxide. . . . . . . . . . . . . . . . . . . . . . 25 30 35 45 Nitrobenzene—skin. . . . . . . . . . . . . . . . . . . 1 5 2 10 Nitrogen dioxide. . . . . . . . . . . . . . . . . . . . 3 6 5 10 Oil mist, minerals. . . . . . . . . . . . . . . . . . . . . . 5 . . 10 Oxone. . . . . . . . . . . . . . . . . . . . . . . . . 0.1 0.2 0.3 0.6 Parathion—skin. . . . . . . . . . . . . . . . . . . . . . . 0.1 . . 0.3 Phenol—skin. . . . . . . . . . . . . . . . . . . . 5 19 10 38 Phorate (Thimet)—skin. . . . . . . . . . . . . . . . . . . 0.05 . . 0.2 Phosgene (Carbonyl Chloride) . . . . . . . . . . . . . . 0.1 0.4 . . . . Phosphine. . . . . . . . . . . . . . . . . . . . . . 0.3 0.4 1 1 ----- ppm Mg/m[3] ppm Mg/m[3] Phosphorus (yellow) . . . . . . . . . . . . . . . . . . . 0.1 . . 0.3 Phosphorus pentachloride. . . . . . . . . . . . . . . . . 0.1 1 . . . . Phosphorus trichloride. . . . . . . . . . . . . . . . . 0.2 1.5 0.5 3 Picric acid—skin. . . . . . . . . . . . . . . . . . . 0.1 . . 0.3 Pyridine. . . . . . . . . . . . . . . . . 5 15 10 30 . . . . Silane (silicon tetrahydride) . . . . . . . . . . . . . . . 5 7 . . . . Sodium hydroxide. . . . . . . . . . . . . . . . . . . C2 Styrene, monomer (phanylethylene) . . . . . . . . . . . . 50 215 100 425 Sulphur dioxide. . . . . . . . . . . . . . . . . 2 5 5 10 Sulphur hexafluoride. . . . . . . . . . . . . . . . . 1000 6000 1250 7500 Sulphuric acid. . . . . . . . . . . . . . . . . . . 1 . . . . Toluene (Toluol) . . . . . . . . . . . . . . . . . 100 375 150 560 0-Toluidinz—skin. . . . . . . . . . . . . . . . . 2 9 . . . . Tributyl phosphate. . . . . . . . . . . . . . . . . 0.2 2.5 0.4 5 Trichloroethylene. . . . . . . . . . . . . . . . . 50 270 200 1080 Uranium, natural (as U) . . . . . . . . . . . . . . . . . . . 0.2 . . 0.5 Vinyl chloride . . . . . . . . . . . . . . . . . 5 10 . . . . Welding fumes. . . . . . . . . . . . . . . . . . . 5 . . . . Xylene (o-, m-, P-isomers) . . . . . . . . . . . . . . . . 100 435 150 655 Zirconium compounds (as Zr) . . . . . . . . . . . . . . . . 5 . . 10 C denotes ceiling limit *Not more than 4 times a day with at least 60 min. interval between successive exposures. Substance Permissible (8 hours) time weighted average concentration (i) Silica (a) Crystalline (b) Quartz 10600 (1) In term of dusts count mppcm % Quartz+10 ----- Substance Permissible (8 hours) time weighted average concentration (2) In terms of respirable dust (3) In terms of total dust 10 mg/m[3] % respirable quartz+2 10 mg/m[3] % Quartz+3 (ii) Cristobalite Half the limits given against quartz. (iii) Tridymite Half the limits given against quartz. (iv) Silca, fused Same limits as for quartz. (v) (a) Tripoli Same limit as in formula in item 2 given against quartz. (b) Amorphous 705 mppcm.] ___________ 1[THE THIRD SCHEDULE] (See sections 89 and 90) LIST OF NOTIFIABLE DISEASES 1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2. Lead tetra-ethyle poisoning. 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae. 7. Poisoning by nitrous fumes. 8. Carbon bisulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae. 10. Chrome ulceration or its sequelae. 11. Anthrax. 12. Silicosis. 13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14. Pathological manifestations due to— (a) radium or other radio-active substances; (b) X-rays. 15. Primary epitheliomatous cancer of the skin. 1. The existing Schedule renumbered as the Third Schedule by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). ----- 16. Toxic anaemia. 17. Toxic jaundice due to poisonous substances. 1[18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19. Byssionosis. 20. Asbestosis. 21. Occupational or contact dermatitis caused by direct contract with chemicals and paints. These are of two types, that is, primary irritants and allergie sensitizers. 22. Noise induced hearing loss (exposure to high noise levels).] 2[23. Beriyllium poisoning. 24. Carbon monoxide. 25. Coal miners’ pnoumoconiosis. 26. Phosgene poisoning. 27. Occupational cancer. 28. Isocyanates poisoning. 29. Taxic nephritis.] 1. Ins. by Act 94 of 1976, s. 45 (w.e.f. 26-10-1976). 2. Ins. by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). -----

26-Dec-2016

49

The rights of persons with disabilities act, 2016

https://www.indiacode.nic.in/bitstream/123456789/19015/1/rpwd_act_2016.pdf

Andaman and Nicobar Islands

## jftLVªh lañ Mhñ,yñ—(,u)04@0007@2003—16 **REGISTERED NO. DL—(N)04/0007/2003—16** # vlk/kkj.k **EXTRAORDINARY** # Hkkx II — [k.M 1 **PART II — Section 1** # izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 59] ubZ fnYyh] cq/kokj] fnlEcj 28] 2016@ikS"k 07] 1938 ¼'kd½ **No. 59] NEW DELHI, WEDNESDAY, DECEMBER 28, 2016/PAUSHA 07, 1938 (SAKA)** # bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA **Separate paging is given to this Part in order that it may be filed as a separate compilation.** # MINISTRY OF LAW AND JUSTICE **(Legislative Department)** _New Delhi, the 28th December, 2016/Pausha 17, 1938 (Saka)_ The following Act of Parliament received the assent of the President on the 27th December, 2016, and is hereby published for general information:— # THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 (NO. 49 OF 2016) [27th December, 2016] # An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons with Disabilities on the 13th day of December, 2006; AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of persons with disabilities,— (a) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; ----- Short title and commencement. Definitions. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) equality of opportunity; (f) accessibility; (g) equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities; AND WHEREAS India is a signatory to the said Convention; AND WHEREAS India ratified the said Convention on the 1st day of October, 2007; AND WHEREAS it is considered necessary to implement the Convention aforesaid. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. (1) This Act may be called the Rights of Persons with Disabilities Act, 2016.** (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. **2. In this Act, unless the context otherwise requires,—** (a) “appellate authority” means an authority notified under sub-section (3) of section 14 or sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be; (b) “appropriate Government” means,— (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 2006, the Central Government; (ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government. (c) “barrier’’ means any factor including communicational, cultural, economic, environmental, institutional, political, social, attitudinal or structural factors which hampers the full and effective participation of persons with disabilities in society; (d) “care-giver” means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability; (e) “certifying authority” means an authority designated under sub-section (1) of section 57; (f) “communication” includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology; (g) “competent authority” means an authority appointed under section 49; (h) “discrimination” in relation to disability, means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation; 41 of 2006. ----- 18 of 2013. 41 of 2006. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (i) “establishment” includes a Government establishment and private establishment; (j) “Fund” means the National Fund constituted under section 86; (k) “Government establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 2 of the Companies Act, 2013 and includes a Department of the Government; (l) “high support” means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, to take independent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy; (m) “inclusive education” means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities; (n) “information and communication technology” includes all services and innovations relating to information and communication, including telecom services, web based services, electronic and print services, digital and virtual services; (o) “institution” means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities; (p) “local authority” means a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006; and any other authority established under an Act of Parliament or a State Legislature to administer the civic affairs; (q) “notification” means a notification published in the Official Gazette and the expression “notify” or “notified” shall be construed accordingly; (r) “person with benchmark disability” means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority; (s) “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others; (t) “person with disability having high support needs” means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support; (u) “prescribed” means prescribed by rules made under this Act; (v) “private establishment” means a company, firm, cooperative or other society, associations, trust, agency, institution, organisation, union, factory or such other establishment as the appropriate Government may, by notification, specify; (w) “public building” means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways; (x) “public facilities and services” includes all forms of delivery of services to the public at large, including housing, educational and vocational trainings, employment ----- Equality and nondiscrimination. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and career advancement, shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, banking, finance and insurance, communication, postal and information, access to justice, public utilities, transportation; (y) “reasonable accommodation” means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others; (z) “registered organisation” means an association of persons with disabilities or a disabled person organisation, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or non-governmental or charitable organisation or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature; (za) “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels; (zb) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding— (i) persons who seek to engage employees from amongst the persons with disabilities; (ii) persons with benchmark disability who seek employment; (iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed; (zc) “specified disability” means the disabilities as specified in the Schedule; (zd) “transportation systems” includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc.; (ze) “universal design” means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities. CHAPTER II RIGHTS AND ENTITLEMENTS **3. (1) The appropriate Government shall ensure that the persons with disabilities** enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 **4. (1) The appropriate Government and the local authorities shall take measures to** ensure that the women and children with disabilities enjoy their rights equally with others. (2) The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability.”. **5. (1)** The persons with disabilities shall have the right to live in the community. (2) The appropriate Government shall endeavour that the persons with disabilities are,— (a) not obliged to live in any particular living arrangement; and (b) given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender. **6.** (1) The appropriate Government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment. (2) No person with disability shall be a subject of any research without,— (i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and (ii) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2. **7. (1) The appropriate Government shall take measures to protect persons with** disabilities from all forms of abuse, violence and exploitation and to prevent the same, shall— (a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents; (b) take steps for avoiding such incidents and prescribe the procedure for its reporting; (c) take steps to rescue, protect and rehabilitate victims of such incidents; and (d) create awareness and make available information among the public. (2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur. (3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order— (a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be; (b) for providing protective custody to the person with disability, if such person so desires; (c) to provide maintenance to such person with disability. (4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of— Women and children with disabilities. Community life. Protection from cruelty and inhuman treatment. Protection from abuse, violence and exploitation. ----- Protection and safety. Home and family. Reproductive rights. Accessibility in voting. Access to justice. 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance; (b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities; (c) the right to free legal aid; and (d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence: Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence. (5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter. **8. (1)** The persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters. (2) The National Disaster Management Authority and the State Disaster Management Authority shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 for the safety and protection of persons with disabilities. (3) The District Disaster Management Authority constituted under section 25 of the Disaster Management Act, 2005 shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness. (4) The authorities engaged in reconstruction activities subsequent to any situation of risk, armed conflict or natural disasters shall undertake such activities, in consultation with the concerned State Commissioner, in accordance with the accessibility requirements of persons with disabilities. **9. (1) No child with disability shall be separated from his or her parents on the ground** of disability except on an order of competent court, if required, in the best interest of the child. (2) Where the parents are unable to take care of a child with disability, the competent court shall place such child with his or her near relations, and failing that within the community in a family setting or in exceptional cases in shelter home run by the appropriate Government or non-governmental organisation, as may be required. **10. (1)** The appropriate Government shall ensure that persons with disabilities have access to appropriate information regarding reproductive and family planning. (2) No person with disability shall be subject to any medical procedure which leads to infertility without his or her free and informed consent. **11. The Election Commission of India and the State Election Commissions shall ensure** that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them. **12. (1)** The appropriate Government shall ensure that persons with disabilities are able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability. (2) The appropriate Government shall take steps to put in place suitable support measures for persons with disabilities specially those living outside family and those disabled requiring high support for exercising legal rights. 45 of 1860. 53 of 2005. 53 of 2005. ----- 39 of 1987. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (3) The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 shall make provisions including reasonable accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or service offered by them equally with others. (4) The appropriate Government shall take steps to— (a) ensure that all their public documents are in accessible formats; (b) ensure that the filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and (c) make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication. **13. (1) The appropriate Government shall ensure that the persons with disabilities** have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit. (2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law. (3) When a conflict of interest arises between a person providing support and a person with disability in a particular financial, property or other economic transaction, then such supporting person shall abstain from providing support to the person with disability in that transaction: Provided that there shall not be a presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption. (4) A person with disability may alter, modify or dismantle any support arrangement and seek the support of another: Provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement. (5) Any person providing support to the person with disability shall not exercise undue influence and shall respect his or her autonomy, dignity and privacy. **14.** _(1) Notwithstanding anything contained in any other law for the time being in_ force, on and from the date of commencement of this Act, where a district court or any designated authority, as notified by the State Government, finds that a person with disability, who had been provided adequate and appropriate support but is unable to take legally binding decisions, may be provided further support of a limited guardian to take legally binding decisions on his behalf in consultation with such person, in such manner, as may be prescribed by the State Government: Provided that the District Court or the designated authority, as the case may be, may grant total support to the person with disability requiring such support or where the limited guardianship is to be granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by the Court or the designated authority, as the case may be, to determine the nature and manner of support to be provided. _Explanation.—For the purposes of this sub-section, “limited guardianship” means a_ system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. Legal capacity. Provision for guardianship. ----- Designation of authorities to support. Duty of educational institutions. Specific measures to promote and facilitate inclusive education. 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) On and from the date of commencement of this Act, every guardian appointed under any provision of any other law for the time being in force, for a person with disability shall be deemed to function as a limited guardian. (3) Any person with disability aggrieved by the decision of the designated authority appointing a legal guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for the purpose. **15.** _(1) The appropriate Government shall designate one or more authorities to mobilise_ the community and create social awareness to support persons with disabilities in exercise of their legal capacity. (2) The authority designated under sub-section (1) shall take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required. CHAPTER III EDUCATION **16.** The appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall— (i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual’s requirements; (iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion; (v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication; (vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them; (vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability; (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs. **17.** The appropriate Government and the local authorities shall take the following measures for the purpose of section 16, namely:— (a) to conduct survey of school going children in every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met: Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act; (b) to establish adequate number of teacher training institutions; (c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability; (d) to train professionals and staff to support inclusive education at all levels of school education; ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 (e) to establish adequate number of resource centres to support educational institutions at all levels of school education; (f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one’s own speech to fulfill the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society; (g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years; (h) to provide scholarships in appropriate cases to students with benchmark disability; (i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses; (j) to promote research to improve learning; and (k) any other measures, as may be required. **18.** The appropriate Government and the local authorities shall take measures to promote, protect and ensure participation of persons with disabilities in adult education and continuing education programmes equally with others. CHAPTER IV SKILL DEVELOPMENT AND EMPLOYMENT **19. (1) The appropriate Government shall formulate schemes and programmes including** provision of loans at concessional rates to facilitate and support employment of persons with disabilities especially for their vocational training and self-employment. (2) The schemes and programmes referred to in sub-section (1) shall provide for— (a) inclusion of person with disability in all mainstream formal and non-formal vocational and skill training schemes and programmes; (b) to ensure that a person with disability has adequate support and facilities to avail specific training; (c) exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism; (d) loans at concessional rates including that of microcredit; (e) marketing the products made by persons with disabilities; and (f ) maintenance of disaggregated data on the progress made in the skill training and self-employment, including persons with disabilities. **20. (1)** No Government establishment shall discriminate against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. (3) No promotion shall be denied to a person merely on the ground of disability. (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service: Adult education. Vocational training and selfemployment. Nondiscrimination in employment. ----- Equal opportunity policy. Maintenance of records. Appointment of Grievance Redressal Officer. Social security. 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities. **21. (1) Every establishment shall notify equal opportunity policy detailing measures** proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as may be prescribed by the Central Government. (2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be. **22. (1) Every establishment shall maintain records of the persons with disabilities in** relation to the matter of employment, facilities provided and other necessary information in compliance with the provisions of this Chapter in such form and manner as may be prescribed by the Central Government. (2) Every employment exchange shall maintain records of persons with disabilities seeking employment. (3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government. **23. (1) Every Government establishment shall appoint a Grievance Redressal Officer** for the purpose of section 19 and shall inform the Chief Commissioner or the State Commissioner, as the case may be, about the appointment of such officer. (2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action. (3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration. (4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability. CHAPTER V SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION **24.** _(1)_ The appropriate Government shall within the limit of its economic capacity and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community: Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others. (2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status. (3) The schemes under sub-section (1) shall provide for,— (a) community centres with good living conditions in terms of safety, sanitation, health care and counselling; (b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood; (c) support during natural or man-made disasters and in areas of conflict; ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 (d) support to women with disability for livelihood and for upbringing of their children; (e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas; (f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified; (g) disability pension to persons with disabilities subject to such income ceiling as may be notified; (h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation; (i) care-giver allowance to persons with disabilities with high support needs; (j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Governmentsponsored insurance schemes; (k) any other matter which the appropriate Government may think fit. **25. (1) The appropriate Government and the local authorities shall take necessary** measures for the persons with disabilities to provide,— (a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres; (c) priority in attendance and treatment. (2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall— (a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) promote various methods for preventing disabilities; (c) screen all the children at least once in a year for the purpose of identifying “at-risk” cases; (d) provide facilities for training to the staff at the primary health centres; (e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation; (f) take measures for pre-natal, perinatal and post-natal care of mother and child; (g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers; (h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted; (i) healthcare during the time of natural disasters and other situations of risk; (j) essential medical facilities for life saving emergency treatment and procedures; and (k) sexual and reproductive healthcare especially for women with disability. **26. The appropriate Government shall, by notification, make insurance schemes for** their employees with disabilities. **27.** _(1)_ The appropriate Government and the local authorities shall within their economic capacity and development, undertake or cause to be undertaken services and programmes of Healthcare. Insurance schemes. Rehabilitation. ----- Research and development. Culture and recreation. Sporting activities. 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities. (2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organisations. (3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities. **28. The appropriate Government shall initiate or cause to be initiated research and** development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities. **29. The appropriate Government and the local authorities shall take measures to promote** and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include,— (a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents; (b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities; (c) making art accessible to persons with disabilities; (d) promoting recreation centres, and other associational activities; (e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities; (f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities; (g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and (h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles. **30. (1)** The appropriate Government shall take measures to ensure effective participation in sporting activities of the persons with disabilities. (2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents. (3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,— (a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities; (b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities; (c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities; (d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities; (e) allocate funds for development of state of art sport facilities for training of persons with disabilities; (f ) promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events. ----- 35 of 2009. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES **31.** _(1) Notwithstanding anything contained in the Rights of Children to Free and_ Compulsory Education Act, 2009, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, of his choice. (2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years. **32.** _(1)_ All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent. seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education. **33. The appropriate Government shall—** (i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34; (ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and (iii) undertake periodic review of the identified posts at an interval not exceeding three years. **34.** _(1) Every appropriate Government shall appoint in every Government establishment,_ not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:— (a) blindness and low vision; (b) deaf and hard of hearing; (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; (d) autism, intellectual disability, specific learning disability and mental illness; (e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities: Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time: Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section. (2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Free education for children with benchmark disabilities. Reservation in higher educational institutions. Identification of posts for reservation. Reservation. ----- Incentives to employers in private sector. Special employment exchange. Special schemes and development programmes. Special provisions for persons with disabilities with high support. Awareness campaigns. 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government. (3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit. **35. The appropriate Government and the local authorities shall, within the limit of their** economic capacity and development, provide incentives to employer in private sector to ensure that at least five per cent. of their work force is composed of persons with benchmark disability. **36. The appropriate Government may, by notification, require that from such date, the** employer in every establishment shall furnish such information or return as may be prescribed by the Central Government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition. **37. The appropriate Government and the local authorities shall, by notification, make** schemes in favour of persons with benchmark disabilities, to provide,— (a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities; (b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities; (c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres. CHAPTER VII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS **38. (1) Any person with benchmark disability, who considers himself to be in need of** high support, or any person or organisation on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting to provide high support. (2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government. (3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature. (4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf. CHAPTER VIII DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS **39.** _(1)_ The appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities provided under this Act are protected. (2) The programmes and campaigns specified under sub-section (1) shall also,— (a) promote values of inclusion, tolerance, empathy and respect for diversity; (b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee; ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15 (c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children; (d) provide orientation and sensitisation at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities; (e) provide orientation and sensitisation on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers; (f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools. **40.** The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas. **41.** _(1) The appropriate Government shall take suitable measures to provide,—_ (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines; (b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; (c) accessible roads to address mobility necessary for persons with disabilities. (2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,— (a) incentives and concessions; (b) retrofitting of vehicles; and (c) personal mobility assistance. **42. The appropriate Government shall take measures to ensure that,—** (i) all contents available in audio, print and electronic media are in accessible format; (ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning; (iii) electronic goods and equipment which are meant for every day use are available in universal design. **43. The appropriate Government shall take measures to promote development,** production and distribution of universally designed consumer products and accessories for general use for persons with disabilities. **44.** (1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40. (2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government. **45. (1)** All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules: Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters. Accessibility. Access to transport. Access to information and communication technology. Consumer goods. Mandatory observance of accessibility norms. Time limit for making existing infrastructure and premises accessible and action for that purpose. ----- Time limit for accessibility by service providers. Human resource development. Social audit. Competent authority. Registration. 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops. **46. The service providers whether Government or private shall provide services in** accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules: Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules. **47. (1) Without prejudice to any function and power of Rehabilitation Council of India** constituted under the Rehabilitation Council of India Act, 1992, the appropriate Government shall endeavour to develop human resource for the purposes of this Act and to that end shall,— (a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers; (b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers; (c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support; (d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect; (e) conduct training programmes for sports teachers with focus on sports, games, adventure activities; (f) any other capacity development measures as may be required. (2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies. (3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under this Act. **48. The** appropriate Government shall undertake social audit of all general schemes and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities. CHAPTER IX REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS **49. The State Government shall appoint an authority as it deems fit to be a competent** authority for the purposes of this Chapter. **50. Save as otherwise provided under this Act, no person shall establish or maintain** any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that an institution for care of mentally ill persons, which holds a valid licence under section 8 of the Mental Health Act, 1987 or any other Act for the time being in force, shall not be required to be registered under this Act. 34 of 1992. 14 of 1987. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 **51.** _(1) Every application for a certificate of registration shall be made to the competent_ authority in such form and in such manner as may be prescribed by the State Government. (2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing. (3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government. (4) The certificate of registration granted under sub-section (2),— (a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government; (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government. (5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity. (6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place. (7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government. **52. (1) The competent authority may, if it has reason to believe that the holder of a** certificate of registration granted under sub-section (2) of section 51 has,— (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked. (2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,— (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or (b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal. (3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be— (a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or Application and grant of certificate of registration. Revocation of registration. ----- Appeal. Act not to apply to institutions established or maintained by Central or State Government. Assistance to registered institutions. Guidelines for assessment of specified disabilities. Designation of certifying authorities. Procedure for certification. Appeal against a decision of certifying authority. 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority. **53. (1) Any person aggrieved by the order of the competent authority refusing to grant** a certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by the State Government against such refusal or revocation. (2) The order of the appellate authority on such appeal shall be final. **54. Nothing contained in this Chapter shall apply to an institution for persons with** disabilities established or maintained by the Central Government or a State Government. **55. The appropriate Government may within the limits of their economic capacity and** development, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of this Act. CHAPTER X CERTIFICATION OF SPECIFIED DISABILITIES **56. The Central Government shall notify guidelines for the purpose of assessing the** extent of specified disability in a person. **57.** _(1) The appropriate Government shall designate persons, having requisite_ qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions. **58.** _(1) Any person with specified disability, may apply, in such manner as may be_ prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability. (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country. **59.** _(1)_ Any person aggrieved with decision of the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19 CHAPTER XI CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE **60.** _(1) The Central Government shall, by notification, constitute a body to be known_ as the Central Advisory Board on Disability to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Central Advisory Board shall consist of,— (a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio; (b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio; (c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio; (d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio; (e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, _ex officio;_ (f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, _ex officio;_ (g) Chairperson, Rehabilitation Council of India, Member, ex officio; (h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio; (i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio; (j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, ex officio; (k) Chairman, Railway Board, Member, ex officio; (l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, ex officio; (m) Director, National Council for Educational Research and Training, Member, _ex officio;_ (n) Chairperson, National Council of Teacher Education, Member, ex officio; (o) Chairperson, University Grants Commission, Member, ex officio; (p) Chairperson, Medical Council of India, Member, ex officio; (q) Directors of the following Institutes:— (i) National Institute for the Visually Handicapped, Dehradun; (ii) National Institute for the Mentally Handicapped, Secundrabad; (iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi; (iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai; Constitution of Central Advisory Board on Disability. ----- Terms and conditions of Service of members. Disqualifications. 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (v) National Institute for the Orthopaedically Handicapped, Kolkata; (vi) National Institute of Rehabilitation Training and Research, Cuttack; (vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai; (viii) National Institute for Mental Health and Sciences, Bangalore; (ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio; (r) Members to be nominated by the Central Government,— (i) five Members who are experts in the field of disability and rehabilitation; (ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organisations concerned with disabilities or disabled persons organisations: Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; (iii) up to three representatives of national level chambers of commerce and industry; (s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio. **61.** _(1) Save as otherwise provided under this Act, a Member of the Central Advisory_ Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant. (4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination. (6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government. **62.** _(1)_ No person shall be a Member of the Central Advisory Board, who — (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused his position in the opinion of the Central Government as a Member so as to render his continuance in the office is prejudicial interests of the general public. (2) No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21 (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member who has been removed under this section shall not be eligible for renomination as a Member. **63.** If a Member of the Central Advisory Board becomes subject to any of the disqualifications specified in section 62, his seat shall become vacant. **64. The Central Advisory Board shall meet at least once in every six months and shall** observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. **65.** _(1)_ Subject to the provisions of this Act, the Central Advisory Board on disability shall be the national-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights. (2) In particular and without prejudice to the generality of the foregoing provisions, the Central Advisory Board on disability shall perform the following functions, namely:— (a) advise the Central Government and the State Governments on policies, programmes, legislation and projects with respect to disability; (b) develop a national policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the national plans; (e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities vis-à-vis information, services and the built environment and their participation in social life; (f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the Central Government. **66.** _(1) Every State Government shall, by notification, constitute a body to be known_ as the State Advisory Board on disability to exercise the powers conferred on, and to perform the function assigned to it, under this Act. (2) The State Advisory Board shall consist of— (a) the Minister in charge of the Department in the State Government dealing with disability matters, Chairperson, ex officio; (b) the Minister of State or the Deputy Minister in charge of the Department in the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio; (c) secretaries to the State Government in charge of the Departments of Disability Affairs, School Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and Training, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport and any other Department, which the State Government considers necessary, Members, _ex officio;_ (d) three Members of the State Legislature of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three Members shall be elected by the Legislative Assembly, Members, ex officio; Vacation of seats by Members. Meetings of the Central Advisory Board on disability. Functions of Central Advisory Board on disability. State Advisory Board on disability. ----- Terms and conditions of service of Members. Disqualification. 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) Members to be nominated by the State Government:— (i) five Members who are experts in the field of disability and rehabilitation; (ii) five Members to be nominated by the State Government by rotation to represent the districts in such manner as may be prescribed: Provided that no nomination under this sub-clause shall be made except on the recommendation of the district administration concerned; (iii) ten persons as far as practicable, being persons with disabilities, to represent non-Governmental Organisations or associations which are concerned with disabilities: Provided that out of the ten persons nominated under this clause, at least, five shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; (iv) not more than three representatives of the State Chamber of Commerce and Industry; (f) officer not below the rank of Joint Secretary in the Department dealing with disability matters in the State Government, Member-Secretary, ex officio. **67.** _(1) Save as otherwise provided under this Act, a Member of the State Advisory_ Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The State Government may, if it thinks fit, remove any Member nominated under clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant. (4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of section 66 shall be eligible for renomination. (6) the Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State Government. **68.** _(1) No person shall be a Member of the State Advisory Board, who—_ (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused in the opinion of the State Government his position as a Member as to render his continuance in the State Advisory Board detrimental to the interests of the general public. (2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23 (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 67, a Member who has been removed under this section shall not be eligible for renomination as a Member. **69.** If a Member of the State Advisory Board becomes subject to any of the disqualifications specified in section 68 his seat shall become vacant. **70. The State Advisory Board shall meet at least once in every six months and shall** observe such rules or procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government. **71.** _(1) Subject to the provisions of this Act, the State Advisory Board shall be the_ State-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights. (2) In particular and without prejudice to the generality of the foregoing provisions, the State Advisory Board on disability shall perform the following functions, namely:— (a) advise the State Government on policies, programmes, legislation and projects with respect to disability; (b) develop a State policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the State Government and other Governmental and non-Governmental Organisations in the State which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the State plans; (e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others; (f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the State Government. **72. The State Government shall constitute District-level Committee on disability to** perform such functions as may be prescribed by it. **73. No act or proceeding of the Central Advisory Board on disability, a State Advisory** Board on disability, or a District-level Committee on disability shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of such Board or Committee, as the case may be. CHAPTER XII CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES **74.** _(1) The Central Government may, by notification, appoint a Chief Commissioner for_ Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes of this Act. (2) The Central Government may, by notification appoint two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a persons with disability. Vacation of seats. Meetings of State Advisory Board on disability. Functions of State Advisory Board on disability. District-level Committee on disability. Vacancies not to invalidate proceedings. Appointment of Chief Commissioner and Commissioners. ----- Functions of Chief Commissioner. Action of appropriate authorities on recommendation of Chief Commissioner. 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (4) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be such as may be prescribed by the Central Government. (5) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. (6) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence and control of the Chief Commissioner. (7) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the Central Government. (8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the Central Government. **75. (1) The Chief Commissioner shall—** (a) identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps; (b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation; (f) undertake and promote research in the field of the rights of persons with disabilities; (g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (i) monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and (j) perform such other functions as the Central Government may assign. (2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act. **76. Whenever the Chief Commissioner makes a recommendation to an authority in** pursuance of clause (b) of section 75, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person. ----- 5 of 1908. 45 of 1860. 2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 **77.** _(1) The Chief Commissioner shall, for the purpose of discharging his functions_ under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Chief Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. **78.** _(1)_ The Chief Commissioner shall submit an annual report to the Central Government and may at any time submit special reports on any matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report. (2) The Central Government shall cause the annual and the special reports of the Chief Commissioner to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on his recommendations and the reasons for nonacceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. **79. (1) The State Government may, by notification, appoint a State Commissioner for** Persons with Disabilities (hereinafter referred to as the "State Commissioner") for the purposes of this Act. (2) A person shall not be qualified for appointment as the State Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the State Commissioner shall be such as may be prescribed by the State Government. (4) The State Government shall determine the nature and categories of officers and other employees required to assist the State Commissioner in the discharge of his functions and provide the State Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the State Commissioner shall discharge his functions under the general superintendence and control of the State Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the State Government. (7) The State Commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts in the disability sector in such manner as may be prescribed by the State Government. **80. The State Commissioner shall—** (a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps; (b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; Powers of Chief Commissioner. Annual and special reports by Chief Commissioner. Appointment of State Commissioner in States. Functions of State Commissioner. ----- Action by appropriate authorities on recommendation of State Commissioner. Powers of State Commissioner. Annual and special reports by State Commissioner. 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) undertake and promote research in the field of the rights of persons with disabilities; (f) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (g) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (h) monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and (i) perform such other functions as the State Government may assign. **81. Whenever the State Commissioner makes a recommendation to an authority** in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person. **82. (1) The State Commissioner shall, for the purpose of discharging their functions** under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the State Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. **83. (1) The State Commissioner shall submit an annual report to the State Government** and may at any time submit special reports on any matter, which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report. (2) The State Government shall cause the annual and the special reports of the State Commissioner for persons with disabilities to be laid before each House of State Legislature where it consists of two Houses or where such Legislature consist of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendation of the State Commissioner and the reasons for non-acceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the State Government. 5 of 1908. 45 of 1860. 2 of 1974. ----- 6 of 1890. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27 CHAPTER XIII SPECIAL COURT **84. For the purpose of providing speedy trial, the State Government shall, with the** concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act. **85.** _(1) For every Special Court, the State Government may, by notification, specify_ a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. (2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled to receive such fees or remuneration as may be prescribed by the State Government. CHAPTER XIV NATIONAL FUND FOR PERSONS WITH DISABILITIES **86. (1) There shall be constituted a Fund to be called the National Fund for persons** with disabilities and there shall be credited thereto— (a) all sums available under the Fund for people with disabilities, constituted _vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for_ Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/ 2004-DDII, dated the 21st November, 2006, under the Charitable Endowment Act, 1890. (b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000; (c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers; (d) all sums received from the Central Government including grants-in-aid; (e) all sums from such other sources as may be decided by the Central Government. (2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed. **87.** _(1) The Central Government shall maintain proper accounts and other relevant_ records and prepare an annual statement of accounts of the Fund including the income and expenditure accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the Fund to the Comptroller and AuditorGeneral of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority in connection with such audit as the Comptroller and AuditorGeneral of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Fund. (4) The accounts of the Fund as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each House of Parliament by the Central Government. Special Court. Special Public Prosecutor. National Fund for persons with disabilities. Accounts and audit. ----- State Fund for persons with disabilities. Punishment for contravention of provisions of Act or rules or regulations made thereunder. Offences by companies. 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER XV STATE FUND FOR PERSONS WITH DISABILITIES **88. (1) There shall be constituted a Fund to be called the State Fund for persons with** disabilities by a State Government in such manner as may be prescribed by the State Government. (2) The State Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed by the State Government. (3) Every State Government shall maintain proper accounts and other relevant records of the State Fund for persons with disabilities including the income and expenditure accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (4) The accounts of the State Fund for persons with disabilities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the State Fund to the Comptroller and Auditor-General of India. (5) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Fund for persons with disabilities shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Fund. (6) The accounts of the State Fund for persons with disabilites as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each House of the State Legislature where it consists of two Houses or where such Legislature consists of one House before that House. CHAPTER XVI OFFENCES AND PENALTIES **89. Any person who contravenes any of the provisions of this Act, or of any rule made** thereunder shall for first contravention be punishable with fine which may extend to ten thounsand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees. **90. (1) Where an offence under this Act has been committed by a company, every** person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29 _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **91. Whoever, fraudulently avails or attempts to avail any benefit meant for persons** with benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both. **92. Whoever,—** (a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view; (b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability; (c) having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her; (d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually; (e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability; (f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. **93. Whoever, fails to produce any book, account or other documents or to furnish any** statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine. **94. No Court shall take cognizance of an offence alleged to have been committed by an** employee of the appropriate Government under this Chapter, except with the previous sanction of the appropriate Government or a complaint is filed by an officer authorised by it in this behalf. **95. Where an act or omission constitutes an offence punishable under this Act and** also under any other Central or State Act, then, notwithstanding anything contained in any other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such Act as provides for punishment which is greater in degree. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities. Punishment for offences of atrocities. Punishment for failure to furnish information. Previous sanction of appropriate Government. Alternative punishments. ----- Application of other laws not barred. Protection of action taken in good faith. Power to remove difficulties. Power to amend Schedule. Power of Central Government to make rules. 30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER XVII MISCELLANEOUS **96. The provisions of this Act shall be in addition to, and not in derogation of, the** provisions of any other law for the time being in force. **97.** No suit, prosecution or other legal proceeding shall lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **98.** _(1) If any difficulty arises in giving effect to the provisions of this Act, the Central_ Government may, by order, published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament. **99.** _(1) On the recommendations made by the appropriate Government or otherwise, if_ the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly. (2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament. **100. (1) The Central Government may, subject to the condition of previous publication,** by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6; (b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21; (c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22; (d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23; (e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36; (f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38; (g) rules for person with disabilites laying down the standards of accessibility under section 40; (h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58; (i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61; (j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64; ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31 (k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74; (l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74; (m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74; (n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78; (o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and (p) the form for preparation of accounts of Fund under sub-section (1) of section 87. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **101.** _(1) The State Government may, subject to the condition of previous publication,_ by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act. (2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disablity under sub-section (2) of section 5; (b) the manner of providing support of a limited guardian under sub-section (1) of section 14; (c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51; (d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51; (e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51; (f) the period of disposal of application for certificate of registration under sub-section (7) of section 51; (g) the period within which an appeal to be made under sub-section (1) of section 53; (h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59; (i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67; (j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70; (k) the composition and functions of District Level Committee under section 72; Power of State Government to make rules. ----- 32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79; (m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79; (n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79; (o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83; (p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85; (q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilisation and management of State Fund under sub-section (2) of section 88; (r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House. Repeal and **102.** _(1)_ The Persons with Disabilities (Equal Opportunity Protection of Rights and 1 of 1996. savings. Full Participation) Act, 1995 is hereby repealed. (2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act. ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33 THE SCHEDULE [See clause (zc) of section 2] SPECIFIED DISABILITY 1. Physical disability.— A. Locomotor disability (a person's inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including— (a) "leprosy cured person" means a person who has been cured of leprosy but is suffering from— (i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; (ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity; (iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression "leprosy cured" shall construed accordingly; (b) "cerebral palsy" means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth; (c) "dwarfism" means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less; (d) "muscular dystrophy" means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue; (e) "acid attack victims" means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance. B. Visual impairment— (a) "blindness" means a condition where a person has any of the following conditions, after best correction— (i) total absence of sight; or (ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or (iii) limitation of the field of vision subtending an angle of less than 10 degree. (b) "low-vision" means a condition where a person has any of the following conditons, namely:— (i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or ----- 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree. C. Hearing impairment— (a) "deaf" means persons having 70 DB hearing loss in speech frequencies in both ears; (b) "hard of hearing" means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears; D. "speech and language disability" means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes. 2. Intellectual disability, a condition characterised by significant limitation both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including— (a) "specific learning disabilities" means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia; (b) "autism spectrum disorder" means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or behaviours. 3. Mental behaviour,— "mental illness" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a conditon of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence. 4. Disability caused due to— (a) chronic neurological conditions, such as— (i) "multiple sclerosis" means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other; (ii) "parkinson's disease" means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of the neurotransmitter dopamine. (b) Blood disorder— (i) "haemophilia" means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding; (ii) "thalassemia" means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin. (iii) "sickle cell disease" means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated ----- SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35 tissue and organ damage; "hemolytic" refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin. 5. Multiple Disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems. 6. Any other category as may be notified by the Central Government. ———— DR. G. NARAYANA RAJU, _Secretary to the Govt. of India._ UPLOADED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. GMGIPMRND—4011GI(S3)—28-12-2016. MANOJ Digitally signed by MANOJ KUMAR Date: 2016.12.28 ## KUMAR 23:32:17 +05'30' -----

23-Apr-1936

4

The payment of wages act, 1936

https://www.indiacode.nic.in/bitstream/123456789/19010/1/payment_of_wages_act_1936.pdf

Andaman and Nicobar Islands

# THE PAYMENT OF WAGES ACT, 1936 Sec. **[ACT 4 OF 1936]** [23rd April, 1936] An Act to regulate the payment of wages of certain classes of [1][employed persons]. Whereas it is expedient to regulate the payment of wages to certain classes of [employed persons]; It is hereby enacted as follows: **1. Short title, extent, commencement and application.- (1) This Act may** be called the Payment of Wages Act, 1936. 2[(2) It extends to the whole of India 3[***].] (3) It shall come into force on such date [4]as the Central Government may, by notification in the Official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any [5][factory, to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, [6][and to persons employed in an industrial or other establishment specified in subclauses (a) to (g) of clause (ii) of Section 2]. (5) The [7][Appropriate Government] may, after giving three months' notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of [8][this Act or any of them to the payment of wages to any class of persons employed in [9][any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of section 2.] 10[Provided that in relation to any such establishment owned by the Central Government, no such notification shall be issued except with the concurrence of that Government.] 11[(6) This Act applies to wages payable to an employed person in respect of a wages period is such wages for that wage period do not exceed [12][ten thousand rupees per month] or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey 1 Subs. by Act No.38 of 1982, S. 2, for “persons employed in industry” (w.e.f. 15.10.1982) 2 Subs. by A.O. 1950, for sub-sec 3 Omitted by Act 51 of 1970 4 28th March, 1937, see Gaz. of India 1937, Pt. 1, p. 626. 5 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 6 Ins. by Act No.38 of 1982 (w.e.f. 15.10.1982) **7 Subs. by Act 41 of 2005, sec. 3 for “The State Government” (w.e.f 09-11-2005)** 8 Subs. by Act No.68 of 1957 (w.e.f. 1.4.1958) 9 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 10 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) **11 Subs. by Act 41 of 2005, sec. 2, for sub-section “(6) Nothing in this Act shall apply** **to wages payable in respect of a wage-period which over such wage period, average** **one thousand six hundred rupees a month or more” (w.e.f 09-11-2005).** **12 Substituted for “six thousand five hundred rupees per month” by S O** **1380(E)** ----- Organisation, the Central Government may, after every five years, by notification in the Official Gazette, specify.] **2. Definitions.- In this Act, unless there is anything repugnant in the** subject or context, 1[(i) “appropriate Government” means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government;] 2[ 3[(ia) “employed person” includes the legal representative of a deceased employed person; (ib) “employer” includes the legal representative of a deceased employer; 4[ 5[(ib) “factory” means a factory as defined in clause (m) of Section 2 of Section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of Section 85 thereof;] (ii) 6[industrial or other establishment means] any7[(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India; (b) dock, wharf or jetty;] 8[(c) inland vessel, mechanically propelled;] (d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; 9[(g) establishment, in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on. **1 Ins. by Act 41 of 2005, sec. 4(a) (w.e.f 09-11-2005)** 2 Clauses (i), (ia) and (ib) subs. by Act 53 of 1964, sec. 3 for clause (i) (w.e.f. 1-2-1965). **3 Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) by Act 41 of 2005,** **sec. 4(a) (w.e.f 09-11-2005).** 4 Clauses (i), (ia) and (ib) subs. by Act 53 of 1964, sec. 3 for clause (i) (w.e.f. 1-2-1965). **5 Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) by Act 41 of 2005,** **sec. 4(a) (w.e.f 09-11-2005).** 6 Subs. by Act No. 38 of 1982, sec. 3 for “industrial establishment” means‟ (w.e.f. 15.10.1982) 7 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 8 Subs by Act No 68 of 1957 (w e f 1 4 1958) ----- 1[(h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette]. 2[(iia) “mine” has the meaning assigned to it in clause (j) of sub- section (1) of Section 2 of the Mines Act, 1952 (35 of 1952);] 3[(iii) “Plantation” has the meaning assigned to it in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951);] (iv) “prescribed” means prescribed by rules made under this Act, 4[(v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the Indian Railways Act, 1989 (24 of 1989);] 5[(vi) “wages” means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes(a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include— (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service 1 Ins. by Act No.38 of 1982 (w.e.f.15.10.1982) 2 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) 3 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 4 Subs. by Act 41 of 23005, sec. 4(b), for clause “(v)” railway administration” has the meaning assigned to it in clause (6) of section 3 of the Indian Railways Act, 1890 (9 of 1890) and” ----- excluded from the computation of wages by a general or special order of [1][the appropriate Government]; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any travelling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d)] **2[3. Responsibility for payment of wages.- Every employer shall be** responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,- (a) in factories, if a person has been named as the manager of the factory under [clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (63 of 1948)]; [(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;] (c) upon railways (otherwise than in factories) if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned. (d) in the case of contractor, a person designated by such contractor who is directly under his charge; and (e) in any other case, a person designated by the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment. the person so named, and the person so responsible to the employer, or the person so nominated, as the case may be, [3][shall also be responsible] for such payment. (2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment.] **4. Fixation of wage-periods.- (1) Every person responsible for the payment** of wages under Section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable. (2) No wage-period shall exceed one month. **5. Time of payment of wages.-** (1) The wages of every person employed upon or in (a) any railway, factory or [4][industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day. **1 Subs. by Act 41 of 2005, sec. 3 for “The State Government” (w.e.f 09-11-2005)** **2 Subs. by Act 41 of 2005, sec. 5 (w.e.f 09-11-2005)** 3 Subs by Act No 53 of 1964 (w e f 1 2 1965) ----- (b) any other railway, factory or [1][industrial or other establishment, shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable: 2[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.] (2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 3[Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.] (3) The [4][[5][The appropriate Government] may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any, railway (otherwise than in a factory) [6][or to persons employed as dailydaily-rated workers in the Public Works Department of [7][the appropriate Government] from the operation of this section in respect of the wages of any such persons or class of such persons: 8[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government;] (4) [9][Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day. **6. Wages to be paid in current coin or currency notes.- All wages shall be** paid in current coin or currency notes or in both: 10[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.] **7. Deductions which may be made from wages.- (1) Notwithstanding the** provisions of [11][the Railways Act, 1989 (24 of 1989)], the wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under this Act. 1 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 2 Added by Act No.53 of 1964 (w.e.f. 1.2.1965) 3 Added by Act No.53 of 1964 (w.e.f. 1.2.1965) 4 Subs. by the A.O. 1937, for “Governor-General in Council” **5 Subs. by Act 41 of 2005, sec. 3 for “the State Government” (w.e.f 09-11-2005)** 6 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **7 Substituted by the Payment of Wages (Amendment) Act, 2005 (41 of 2005), S.3,** **for “the State Government or the Central Government” (w.e.f 09-11-2005).** 8 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) 9 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 10 Ins. by Act No.29 of 1976 (w.e.f. 12.11.1975) **11 Subs by Act 41 of 2005 sec 6(a) for “sub-section (2) of section 47 of the Indian** ----- 1[Explanation I].- Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages. 2[Explanation II.- Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely— (i) the withholding of increment or promotion (including the stoppage of increment at an efficiency bar); (ii) the reduction to a lower post or time-scale or to a lower stage in a time-scale; or (iii) suspension; shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf by the State Government by notification in the Official Gazette.] (2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely (a) fines; (b) deduction for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person or custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default; 3[(d) deductions for house-accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by [4][the appropriate Government] by notification in the Official Gazette;] (e) deductions for such amenities and services supplied by the employer as the [5][***] State Government [6][or any officer specified specified by it in this behalf] may, by general or special order authorise. _Explanation.- The word “services” in_ [7][this clause] does not include the supply of tools and raw materials required for the purposes of employment; 8[(f) deductions for recovery of advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages; 1 Re-numbered by Act No.68 of 1957 (w.e.f. 1.4.1958) 2 Ins. by Act No.68 of 1957 (w.e.f. 1.4.1958) 3 Subs. by Act No.68 of 1957 (w.e.f. 1.4.1958) **4 Substituted by the Payment of Wages (Amendment) Act, 2005 (41 of 2005), S.3,** **for “the State Government” (w.e.f 09-11-2005).** 5 Omitted by the A.O. 1937 6 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) 7 Subs by Act No 56 of 1974 sec 3 and Sch II for “this sub-clause” ----- (ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by the State Government, and the interest due in respect thereof; (fff) deductions for recovery of loans granted for house-building or other purposes approved by the State Government and the interest due in respect thereof;] (g) deductions of income-tax payable by the employed person; (h) deductions required to be made by order of a Court or other authority competent to make such order; (i) deductions for subscriptions to, and for payment of advances from any provident fund to which the Provident Funds Act, 1925 (19 of 1925), applies or any recognised provident fund as defined 1[in clause (38) of section 2 of the Income-tax Act, 1961 (43 of 1961) or any provident fund approved in this behalf by [2][the appropriate Government], during the continuance of such approval; [3][***] (j) deductions for payments to co-operative societies approved by 4[the appropriate Government] 5[or any officer specified by it in this behalf] or to a scheme of insurance maintained by the Indian Post Office; [6][and]; 7[8(k) deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government;] 9[(kk) deductions made, with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the Trade Unions Act, 1926 (16 of 1926) for the welfare of the employed persons or the members of their families, or both, and approved by [10][the appropriate Government], or any officer specified by it in this behalf, during the continuance of such approval; (kkk) deductions made, with the written authorisation of the employed person, for payment of the fees payable by him for the **1 Subs. by Act 41 of 2005, sec. 6(b), for “in section 58A of the Indian Income Tax** **Act, 1922 (11 of 1922) (w.e.f 09-11-2005)** **2 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 3 Omitted by Ordinance 3 of 1940 **4 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 5 Ins. by Act No.53 of 1964 (w.e.f. 1.4.1965) 6 Added by Ordinance 3 of 1940 7 Added by Ordinance 3 of 1940, sec. 2. 8 Subs. by Act No.68 of 1957 (sec. 5, for clause (k) (w.e.f. 1-4-1958) 9 Ins by Act 38 of 1982 (w e f 15 10 1982) ----- membership of any trade union registered under the Trade Unions Act, 1926 (16 of 1926); 1[(l) deductions for payment of insurance premia on Fidelity Guarantee Bonds; (m) deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes; (n) deductions for recovery of losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration, whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise; (o) deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default.] 2[(p) deductions, made with the written authorisation of the employed person, for contribution to the Prime Minister's National Relief Fund or to such other Fund as the Central Government may, by notification in the Official Gazette, specify.] 3[(q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.] 4[(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be made under sub-section (2) in any wage-period from the wages of any employed person shall not exceed (i) in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy-five per cent of such wages, and (ii) in any other case, fifty per cent of such wages: Provided that where the total deductions authorised under sub-section (2) exceed seventy-five per cent or, as the case may be, fifty per cent of the wages, the excess may be recovered in such manner as may be prescribed. (4) Nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than [5][the Railways Act, 1989 (24 of 1989)]. **8. Fines.-** (1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer with the previous 1 Ins. by Act No.53 of 1964 (w.e.f. 1.4.1965) 2 Ins. by Act No.29 of 1976 (w.e.f. 12.11.1975 3 Ins. by Act No.19 of 1977 (w.e.f. 30.6.1977) 4 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **5** **Subs by Act 41 of 2005 sec 6(c) for “the Indian Railways Act 1890 (9 of 1890)”** ----- approval of [1][the appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2). (2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of persons employed upon a railway (otherwise than in a factory), at the prescribed place or places. (3) No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines. (4) The total amount of fine which may be imposed in any one wage- period on any employed person shall not exceed an amount equal to [2][three per cent] of the wages payable to him in respect of that wage-period. (5) No fine shall be imposed on any employed person who is under the age of fifteen years. (6) No fine imposed on any employed person shall be recovered from him by instalments or after the expiry of [3][ninety days] from the day on which it was imposed. (7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. (8) All fines and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under Section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as approved by the prescribed authority. _Explanation.- When the persons employed upon or in any railway, factory or_ 4[industrial or other establishment] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority. **9. Deductions for absence from duty.- (1) Deductions may be made under** clause (b) of sub-section (2) of Section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. (2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a larger proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the terms of his employment, he was required to work: Provided that, subject to any rules made in this behalf by [5][the appropriate Government], if ten or more employed persons acting in concert, absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such **1 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 2 Subs. by Act 38 of 1982 **3 Subs. by Act 41 of 2005, sec. 7, for “sixty days” (w.e.f 09-11-2005)** 4 Subs by Act No 38 of 1982 (w e f 15 10 1982) ----- amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice. 1[Explanation.- For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work]. **10. Deductions for damage or loss.-** [2][(1) A deduction under clause (c) or clause (o) of sub-section (2) of Section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person. (1-A) A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (o) of sub-section (2) of Section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions.] (2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under Section 3 in such form as may be prescribed. **11. Deductions for services rendered.- A deduction under clause (d) or** clause (e) of sub-section (2) of Section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity of service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and, in the case of a deduction under the said clause (e) shall be subject to such conditions as [3][****] [4][the appropriate Government] may impose. **12. Deductions for recovery of advances.- Deductions under clause (f) of** sub-section (2) of Section 7 shall be subject to the following conditions, namely (a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling expenses; 5[(aa) recovery of an advance of money given after employment began shall be subject to such conditions as 6[the appropriate Government], may impose]; (b) recovery of advances of wages not already earned shall be subject to any rules made by [7][the appropriate Government] regulating the extent to which such advances may be given and the instalments by which they may be recovered. 1 Added by Act No.22 of 1937 2 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 3 Omitted by the A.O. 1937 **4 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 5 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **6** **Subs by Act 41 of 2005 sec 3 for “the State Government” (w e f 09-11-2005)** ----- **1[12A. Deductions for recovery of loans.- Deductions for recovery of loans** granted under clause (fff) of sub-section (2) of Section 7 shall be subject to any rules made by [2][the appropriate Government] regulating the extent to which such loans may be granted and the rate of interest payable thereon.] **13. Deductions for payments to co-operative societies and insurance** **schemes.-** Deductions under clause (j) [3][and clause (k)] of sub-section (2) of Section 7 shall be subject to such conditions as the State Government may impose. **4[13A. Maintenance of registers and records.- (1) Every employer shall** maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein]. **14. Inspectors.- (1) An Inspector of Factories appointed under [5][sub-section** section (1) of Section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him. (2) [6][the appropriate Government], may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies. (3) [7][the appropriate Government], may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and [8][industrial or other establishments] in respect of which they shall exercise their functions. 9[(4) An Inspector may, (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or [10][industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act; 1 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **2 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 3 Ins. by Ordinance of 1940 4 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) 5 Subs by Act No.68 of 1957 (w.e.f. 1.4.1958) **6 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** **7 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 8 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 9 Subs by Act No 53 of 1964 (w e f 1 2 1965) ----- (c) supervise the payment of wages to persons employed upon any railway or in any factory or [1][industrial or other establishment]; (d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act; (e) seize or take copies of such registers or documents of portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; (f) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (4-A) The provisions of the [2][Code of Criminal Procedure, 1973 (2 of 1974)], shall, so far as may be, apply to any search or seizure under this sub- section as they apply to any search or seizure made under the authority of a warrant issued under [3][Section 94] of the said Code.] (5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). **4[14A. Facilities to be afforded to Inspectors.- Every employer shall afford** afford an Inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act]. **15. Claims arising out of deductions from wages or delay in payment of** **wages and penalty for malicious or vexatious claims.-** (1) [5][the appropriate Government], may, by notification in the Official Gazette, appoint (a) any Commissioner for Workmen's Compensation; or (b) any officer of the Central Government exercising functions as,— (i) Regional Labour Commissioner; or (ii) Assistant Labour Commissioner with at least two years‟ experience; or (c) any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years experience; or (d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State; or (e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages of persons employed or paid in that area, including all matters incidental to such claims: 1 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 2 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 3 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 4 Inserted by the Payment of Wages (Amendment) Act 1964 w e f 1-2-1965 ----- Provided that where the State Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.] (2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): Provided that every such application shall be presented within [1][twelve months] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be: Provided further that any application may be admitted after the said period of [2][twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. 3[(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: Provided that a claim under this Act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority: Provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner: Provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to (a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence, or 1 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 2 Subs by Act No 53 of 1964 (w e f 1 2 1965) ----- (c) the failure of the employed person to apply for or accept payment. 1[(4) If the authority hearing an application under this section is satisfied— (a) that the application was either malicious or vexatious, the authority may direct that a penalty [2][not exceeding three hundred seventy five rupees] be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or (b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty [3][not exceeding three hundred seventy five rupees] be paid to [4][the appropriate Government], by the employer or other person responsible for the payment of wages. (4-A) Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final. (4-B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)]. (5) Any amount directed to be paid under this section may be recovered— (a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and (b) if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate. **16. Single application in respect of claims from unpaid group.- (1)** Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if [5][deductions have been made from their wages in contravention of this Act for the same cause and during the same wage-period or periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by Section 5. (2) A single application may be presented under Section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case [6][every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of Section (15)]. (3) The authority may deal with any number of separate pending applications, presented under Section 15 in respect of persons belonging to the same unpaid group, as a single application presented under sub-section (2) of this section, and the provisions of that sub-section shall apply accordingly. 1 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) **2 Subs. by Act 41 of 2005, sec. 8 (iii) for “not exceeding fifty rupees” (w.e.f 09-11-** **2005)** **3 Subs. by Act 41 of 2005, sec. 8 (iii) for “not exceeding fifty rupees” (w.e.f 09-11-** **2005)** **4 Subs. by Act 41 of 2005, sec. 3, for “the State Government” (w.e.f 09-11-2005)** 5 Ins by Act No 53 of 1964 (w e f 1 2 1965) ----- **17. Appeal.- (1)** [1][An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of Section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred within thirty days of the date on which [2][the order or direction] was made, in a Presidency town [3][***] before the Court of Small Causes and elsewhere before the District Court (a) by the employer or other person responsible for the payment of wages under Section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 4[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or 5[(b) by an employed person, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under subsection (2) of Section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twentyrupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or] (c) by any person directed to pay a penalty under [6][sub-section (4)] of Section 15. 7[(1-A) No appeal under clause (a) of sub-section (1) shall lie unless the memorandum of appeal is accompanied by a certificate by the Authority to the effect that the appellant has deposited the amount payable under the direction appealed against.] 8[(2) Save as provided in sub-section (1), any order dismissing either wholly or in part an application made under sub-section (2) of Section 15, or a direction made under sub- section (3) or sub- section (4) of that section shall be final]. 9[(3) Where an employer prefers an appeal under this section, the Authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it. (4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision.] **10[17A. Conditional attachment of property of employer or other person** **responsible for payment of wages.- (1) Where at any time after an application** has been made under sub-section (2) of Section 15 the authority, or where at any 1 Subs. by Act No.68 of 1957 (w.e.f. 1.4.1958) 2 Subs. by Act No.68 of 1957 (w.e.f. 1.4.1958) 3 Omitted by A.O. 1937 4 Ins. by Act No.53 of 1964 (w.e.f.1.2.1965) 5 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 6 Subs. by Act No.20 of 1937 sec. 2 and sch. I, for “sub-section (5)” 7 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) 8 Subs. by Act No.68 of 1957 (w.e.f. 1.4.1958) 9 Ins by Act No 53 of 1964 (w e f 1 2 1965) ----- time after an appeal has been filed under Section 17 by an employed person or 1[any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub- section (2) of Section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under Section 3 is likely to evade payment of any amount that may be directed to be paid under Section 15 or Section 17, the authority or the Court, as the case may be, except in cases, where the authority or Court is of the opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or Court, sufficient to satisfy the amount which may be payable under the direction. (2) The provisions of the Code of Civil Procedure 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far as may be, apply to any order for attachment under sub-section (1)]. **18. Powers of authorities appointed under Section 15.- Every authority** appointed under sub-section (1) of Section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of Section 195 and of [2][Chapter XXVI of the Code of Criminal Procedure, 1973] (2 of 1974)]. **19. Power to recover from employer in certain cases]-** [Repealed by the Payment of Wages (Amendment) Act, 1964 (53 of 1964), sec. 17 (w.e.f. 1-2-1965).] **20. Penalty for offences under the Act.- (1) Whoever being responsible for** the payment of wages to an employed person contravenes any of the provisions of any of the following sections, namely, [3][Section 5 except sub-section (4) thereof, Section 7, Section 8 except sub-section (8) thereof, Section 9, Section 10, except sub-section (2) thereof, and Sections 11 to 13], both inclusive, shall be punishable [4][with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees]. (2) Whoever contravenes the provisions of Section 4, [5][sub-section (4) of Section 5, Section 6, sub- section (8) of Section 8, sub-section (2) of Section (10)] or Section 25 shall be punishable [6][with fine which may extend to three thousand thousand seven hundred fifty rupees]. 7[(2A) Whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thousand rupees.] 1 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) 2 Subs. by Act No.38 of 1982 3 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) **4 Subs. by Act 41 of 2005, sec. 9 (a), for “with fine which shall not be less than two** **hundred rupees but which may extend to one thousand rupees” (w.e.f 09-11-2005)** 5 Subs. by Act No.53 of 1964 (w.e.f. 1.2.1965) **6 Subs. by Act 41 of 2005, sec. 9 (b), for “with fine which may extend to five** **hundred rupees (w e f 09-11-2005)** ----- 1[(3) Whoever being required under this Act to maintain any records or registers or to furnish any information or return, (a) fails to maintain such register or record; or (b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or (c) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or (d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act, shall for each such offence, be punishable with fine [2][with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees]. (4) Whoever (a) wilfully obstructs an Inspector in the discharge of his duties under this Act; or (b) refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision or (inquiry authorised by or under this Act in relation to any railway, factory or 3[industrial or other establishment]; or (c) wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or (d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act, shall be punishable [4][with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees]. (5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term [5][which shall not be less than one month but which may extend to six months and [6][with fine which shall not be less than three thousand seven hundred fifty rupees but which may extend to twenty two thousand five hundred rupees] or with both: Provided that for the purpose of this sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector. 1 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **2 Subs. by Act 41 of 2005, sec. 9 (d), for “with fine which shall not be less than two** **hundred rupees but which may extend to one thousand rupees” (w.e.f 09-11-2005)** 3 Subs. by Act No.38 of 1982 w.e.f. 15.10.1982 **4 Subs. by Act 41 of 2005, sec. 9 (e), for “with fine which shall not be less than two** **hundred rupees but which may extend to one thousand rupees” (w.e.f 09-11-2005)** 5 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) **6 Subs. by Act 41 of 2005, sec. 9 (f), for “with fine which shall not be less than five** **hundred rupees but which may extend to three thousand rupees (w e f 09-11-** ----- (6) If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to [1][seven hundred fifty rupees] for each day for which such failure or neglect continues]. **21. Procedure in trial of offences.- (1) No Court shall take cognizance of a** complaint against any person for an offence under sub-section (1) of Section 20 unless an application in respect of the facts constituting the offence has been presented under Section 15 and has been granted wholly or in part and the authority empowered under the latter section or the appellate Court granting such application has sanctioned the making of the complaint. (2) Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of Section 20, the authority empowered under Section 15 or the Appellate Court, as the case may be, shall give such person an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to (a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence to make prompt payment, or (c) the failure of the employed person to apply for or accept payment. (3) No Court shall take cognizance of a contravention of Section 4 or of Section 6 or of a contravention of any rule made under Section 26 except on a complaint made by or with the sanction of an Inspector under this Act. 2[(3A) No Court shall take cognizance of any offence punishable under sub section (3) or sub-section (4) of Section 20 except on a complaint made by or with the sanction of an Inspector under this Act.] (4) In imposing any fine for an offence under sub-section (1) of Section 20 the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 15. **22. Bar of suits.- No Court shall entertain any suit for the recovery of wages** or of any deduction from wages insofar as the sum so claimed— (a) forms the subject of an application under Section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under Section 17; or (b) has formed the subject of a direction under Section 15 in favour of the plaintiff; or (c) has been adjudged in any proceeding under Section 15, not to be owed to the plaintiff; or (d) could have been recovered by an application under Section 15. 1 Subs by Act No 38 of 1982 (w e f 15 10 1982) ----- **1[22A. Protection of action taken in good faith.-** No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to the done under this Act.] **23. Contracting out.-** Any contract or agreement, whether made before or after the commencement of this Act whereby an employed person relinquishes any right conferred by this Act shall be null and void insofar as it purports to deprive him of such right. **2[24. Delegation of powers.-The appropriate Government may, by** notification in the Official Gazette, direct that any power exercisable by it under this Act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be also exercisable- (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; (b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.] **25. Display by notice of abstracts of the Act.- The person responsible for** the payment of wages to persons [3][employed in a factory or an industrial or other establishment] shall cause to be [4][displayed in such factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules made thereunder in English and in the language of the majority of the persons employed in the factory [5][or industrial or other establishment], as may be prescribed. **6[25A. Payment of undisbursed wages in cases of death of employed** **person.- (1) Subject to the other provisions of the Act, all amounts payable to an** employed person as wages shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known, (a) be paid to the person nominated by him in this behalf in accordance with the rules made under this Act; or (b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the prescribed authority who shall deal with the amounts so deposited in such manner as may be prescribed.] (2) Where, in accordance with the provisions of sub-section (1), all amounts payable to an employed person as wages 1 Ins. by Act No.53 of 1964 (w.e.f. 1.2.1965) **2 Subs. by Act 41 of 2005, sec. 10, (w.e.f 09-11-2005)** 3 Subs. by Act No.38 of 1982 4 Subs. by Act No.38 of 1982 5 Ins by Act No 38 of 1982 ----- (a) are paid by the employer to the person nominated by the employed person; or (b) are, deposited by the employer with the prescribed authority, the employer shall be discharged of his liability to pay those wages. **26. Rule-making power.- (1)** [1][[2][The appropriate Government] may make rules [3][***] to regulate the procedure to be followed by the authorities and Courts referred to in Sections 15 and 17. (2) [4][[5][The appropriate Government] may [6][***] by notification in the Official Official Gazette make rules for the purpose of carrying into effect the provisions of this Act. (3) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may (a) require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the Act 7[prescribe the form thereof and the particulars to be entered in such registers or records]; (b) require the display in a conspicuous place or premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises; (c) provide for the regular inspection of the weights, measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them. (d) prescribe the manner of giving notice of the days on which wages will be paid; (e) prescribe the authority competent to approve under sub- section (1) of section 8 acts and omissions in respect of which fines may be imposed; (f) prescribe the procedure for the imposition of fines under Section 8 and for the making of the deductions referred to in Section 10; (g) prescribe the conditions subject to which deductions may be made under the proviso to sub-section (2) of Section 9; (h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended; (i) prescribe the extent to which advances may be made and the instalments by which they may be recovered with reference to clause (b) of Section 12; 8[(i-a) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to Section 12-A; (i-b) prescribe the powers of Inspectors for the purposes of this Act;] (j) regulate the scales of costs which may be allowed in proceedings under this Act; 1 Subs. by the A.O. 1937, for “Governor-General in Council” **2 Subs. by Act 41 of 2005, sec. 3, for “The State Government” (w.e.f 09-11-2005)** 3 Omitted by A.O. 1937 4 Subs. by the A.O. 1937, for “Governor-General in Council” **5 Subs. by Act 41 of 2005, sec. 3, for “The State Government” (w.e.f 09-11-2005)** 6 Omitted by A.O.1973 7 Subs by Act No 53 of 1964 (w e f 1 2 1965) ----- (k) prescribe the amount of court-fees payable in respect of any proceedings under this Act; [1][***] (l) prescribe the abstracts to be contained in the notices required by Section 25; [2][***] 3[(la) prescribe the form and manner in which nominations may be made for the purposes of sub-section (1) of Section 25A, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other matters connected with such nominations; (lb) specify the authority with whom amounts required to be deposited under clause (b) of sub-section (1) of Section 25A, shall be deposited and the manner in which such authority shall deal with the amounts deposited with it under that clause], 4[(m) provide for any other matter which is to be or may be prescribed] (4) In making any rule under this section the State Government may provide that a contravention of the rule shall be punishable with fine [5][which shall not be be less than seven hundred fifty rupees but which may extend to one thousand and five hundred rupees]. (5) All rules made under this section shall be subject to the condition of previous publication, and the date to be specified under clause (3) of Section 23 of the General Clauses Act, 1897 (10 of 1897) shall not be less than three months from the date on which the draft of the proposed rules was published. 6[(6) Every rule made by the Central Government under this section shall be be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in [7][two or more successive sessions], and if, before the expiry of the session [8][immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 9[(7) All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature.] 1 Omitted by Act No.53 of 1964 (w.e.f. 1.2.1965) 2 Omitted by Act No.38 of 1982 3 Ins. by Act No.38 of 1982 (w.e.f. 15.10.1982) 4 Ins. by Act No. 53 of 1964 (w.e.f. 1.2.1965) **5 Subs. by Act 41 of 2005, sec. 11 (a), for “which may extend to two hundred** **rupees” (w.e.f 09-11-2005)** 6 Ins. by Act No. 53 of 1964 (w.e.f. 1.2.1965) 7 Subs. by Act No.38 of 1982 (w.e.f. 15.10.1982) 8 Subs by Act No 38 of 1982 -----

2-Nov-1951

69

The plantations labour act, 1951

https://www.indiacode.nic.in/bitstream/123456789/19011/1/plantation_labour_act_1951.pdf

Andaman and Nicobar Islands

# THE PLANTATIONS LABOUR ACT, 1951 ————— ARRANGEMENT OF SECTIONS ————— CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. 3. Reference to time of day. CHAPTER IA REGISTRATION OF PLANTATIONS 3A. Appointment of registering officers. 3B. Registration of plantations. 3C. Appeals against orders of registering officer. 3D. Power to make rules. CHAPTER II INSPECTING STAFF 4. Chief inspector and inspectors. 5. Powers and functions of inspectors. 6. Facilities to be afforded to inspectors. 7. Certifying surgeons. CHAPTER III PROVISIONS AS TO HEALTH 8. Drinking water. 9. Conservancy. 10. Medical facilities. CHAPTER IV WELFARE 11. Canteens. 12. Creches. 13. Recreational facilities. 1 ----- SECTIONS 14. Educational facilities. 15. Housing facilities. 16. Power to make rules relating to housing. 16A. Liability of employer in respect of accidents resulting from collapse of houses provided by him. 16B. Appointment of Commissioners. 16C. Application for compensation. 16D. Procedure and powers of Commissioner. 16E. Liability to pay compensation, etc., to be decided by Commissioner. 16F. Saving as to certain rights. 16G. Power to make rules. 17. Other facilities. 18. Welfare officers. CHAPTER IVA PROVISIONS AS TO SAFETY 18A. Safety. 18B. Power of State Government to make rules. CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT 19. Weekly hours. 20. Weekly holidays. 21. Daily intervals for rest. 22. Spreadover. 23. Notice of period of work. 24. Prohibition of employment of children. 25. Night work for women and children. 26. Non-adult workers to carry tokens. 27. Certificate of fitness. 28. Power to require medical examination. CHAPTER VI LEAVE WITH WAGES 29. Application of Chapter. 30. Annual leave with wages. 31. Wages during leave period. 2 ----- SECTIONS 32. Sickness and maternity benefits. 32A. Notice of accident. 32B. Register of accidents. 32C. Compensation. CHAPTER VIA ACCIDENTS CHAPTER VII PENALTIES AND PROCEDURE 33. Obstruction. 34. Use of false certificate of fitness. 35. Contravention of provisions regarding employment of labour. 36. Other offences. 37. Enhanced penalty after previous conviction. 37A. Power of court to make orders. 38. Exemption of employer from liability in certain cases. 39. Cognizance of offences. 39A. Protection of action taken in good faith. 40. Limitation of prosecutions. CHAPTER VIII MISCELLANEOUS 41. Power to give directions. 42. Power to exempt. 43. General power to make rules. 3 ----- # THE PLANTATIONS LABOUR ACT, 1951 ACT NO. 69 OF 1951[1] [2nd November, 1951.] # An Act to provide for the welfare of labour, and to regulate the conditions of work, in plantations. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Plantations** Labour Act, 1951. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint [3][(4) It applies to the following plantations, that is to say,— (a) to any land used or intended to be used for growing tea, coffee, rubber [4][, cinchona or cardamom] which admeasures [5][5 hectares] or more and in which [6][fifteen] or more persons are employed or were employed on any day of the preceding twelve months; (b) to any land used or intended to be used for growing any other plant, which admeasures [5][5 hectares] or more and in which [6][fifteen] or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification in the Official Gazette, so directs. 7[Explanation.—Where any piece of land used for growing any plant referred to in clause (a) or clause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures 5 hectares or more.] (5) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any land used or intended to be used for growing any plant referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that— 1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala by Kerala Act 25 of 1969. 2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530 3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960). 4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982). 5. Subs. by s. 2, ibid., for "10.117 hectares" (w.e.f. 26-1-1982). 6. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982). 7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982). 4 ----- (a) it admeasures less than [1][5 hectares], or (b) the number of persons employed therein is less than [2][fifteen]: Provided that no such declaration shall be made in respect of such land which admeasured less than 1[5 hectares] or in which less than 2[fifteen] persons were employed, immediately before the commencement of this Act.] **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “adolescent” means a person who has completed his [3][fourteenth] year but has not completed his eighteenth year; (b) “adult” means a person who has completed his eighteenth year; (c) “child” means a person who has not completed his [3][fourteenth] year; (d) “day” means a period of twenty-four hours beginning at midnight; (e) “employer” when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation; 4[Explanation.—For the purposes of this clause, "the person who has the ultimate control over the the affairs of the plantation" means in the case of a plantation owned or controlled by— (i) a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual; (ii) the Central Government or State Government or any local authority, the person or persons appointed to manage the affairs of the plantation; and (iii) a lessee, the lessee;] 5[(ee) “family”, when used in relation to a worker, means— (i) his or her spouse, and (ii) the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year, 6[and includes parents and widow sister, dependent upon him or her;] 7[(eee) “inspector” means an inspector of plantations appointed under sub-section (1) of section 4 and includes an additional inspector of plantations appointed under sub-section (1A) of that section;] 1. Subs. by Act 58 of 1981, s. 2, for "10.117 hectares" (w.e.f. 26-1-1982). 2. Subs. by s. 2, ibid., for "thirty" (w.e.f. 26-1-1982). 3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960). 6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010). 7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982). 5 ----- 1[(f) “plantation” means any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act, 1948 (63 of 1948) apply;] (g) “prescribed” means prescribed by rules made under this Act; 2[(h) “qualified medical practitioner” means a person holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any person having a certificate granted under any Provincial or State Medical Council Act;] (i) “wages” has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act, 1948 (11 of 1948); (j) “week” means a period of seven days beginning at mid-night on Saturday night or such other night as may be fixed by the State Government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area; 3[(k) “worker” means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical [4][and includes a person employed on contract for more than sixty days in a year], but does not include— (i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed [5][rupees ten thousand]; (iii) any person employed in the plantation primarily in a [6][managerial or administrative capacity, notwithstanding that his monthly wages do not exceed ten thousand]; or (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals;] (l) “young person” means a person who is either a child or an adolescent. **3. Reference to time of day.—In this Act, references to time of day are references to Indian Standard** Time being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which the Indian Standard Time is not ordinarily observed, the State Government may make rules— (a) specifying the area; 1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960). 2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960). 3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Subs. by Act 17 of 2010, s. 2, for “rupees seven hundred and fifty” (w.e.f. 7-6-2010). 6. Subs. by Act 17 of 2010, s. 2, for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty” (w.e.f. 7-6-2010). 6 ----- (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the plantations situated in that area. 1[CHAPTER IA REGISTRATION OF PLANTATIONS **3A. Appointment of registering officers.—The State Government may, by notification in the** Official Gazette,— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be registering officers for the purposes of this Chapter, and (b) define the limits within which a registering officer shall exercise the powers and discharge the functions conferred or imposed on him by or under this Chapter. **3B. Registration of plantations.—(1) Every employer of a plantation, existing at the commencement** of the Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of the coming into existence of such plantation, make an application to the registering officer for the registration of such plantation: Provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application made under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the plantation. (4) Where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as may be prescribed. (5) Where, after the registration of a plantation under this section, any change occurs in the ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed. (6) Where as a result of any intimation received under sub-section (5), the registering officer is satisfied that the plantation is no longer required to be registered under this section, he shall, by order in writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published in any one newspaper in the language of, and having circulation in, the area where the plantation is situated. **3C. Appeals against orders of registering officer.—(1) Any person aggrieved by the order of a** registering officer under sub-section (6) of section 3B may, within thirty days of the publication of such order in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed: 1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982). 7 ----- Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period. (2) After the receipt of an appeal under sub-section (1), the appellate authority may, after giving the appellant, the employer referred to in sub-section (5) of section 3B and the registering officer an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. **3D. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form of application for the registration of a plantation, the particulars to be contained in such application and the fees to be accompanied along with such application; (b) the form of the certificate of registration; (c) the particulars regarding any change in respect of which intimation shall be given by the employer to the registering officer under sub-section (5) of section 3B and the form in which such change shall be intimated; (d) the authority to which an appeal may be preferred under section 3C and the fees payable in respect of such appeal; (e) the registers to be kept and maintained by a registering officer.] CHAPTER II INSPECTING STAFF **4. Chief inspector and inspectors.—(1) The State Government may, by notification in the Official** Gazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so many duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit. 1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officers of the State Government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantations for all or any of the purposes of this Act.] (2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the State Government. (3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982). 8 ----- **5. Powers and functions of inspectors.—Subject to any rules made by the State Government in this** behalf, an inspector may within the local limits for which he is appointed— (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are being observed in the case of any plantation; (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act; (c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself. **6. Facilities to be afforded to inspectors.— Every employer shall afford the inspector all reasonable** facilities for making any entry, inspection, examination or inquiry under this Act. **7. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to** be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations as it may assign to them respectively. (2) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of workers; (b) the exercise of such medical supervision as may be prescribed where adolescents [1][are], employed in any work in any plantation which is likely to cause injury to their health. CHAPTER III PROVISIONS AS TO HEALTH **8. Drinking water.—In every plantation effective arrangements shall be made by the employer to** provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers. **9. Conservancy.—(1) There shall be provided separately for males and females in every plantation a** sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. (2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition. **10. Medical facilities.—(1) In every plantation there shall be provided and maintained so as to be** readily available such medical facilities for the workers [2][and their families] as may be prescribed by the State Government. 1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010). 2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960). 9 ----- (2) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the [1][State Government upon a request by the chief inspector] may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. (3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of land-revenue. CHAPTER IV WELFARE **11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein** one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which the canteen shall be provided; (b) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; (c) the foodstuffs which may be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and the representation of the workers in the management of the canteen; (e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). **12. Creches.—[2][(1) In every plantation wherein fifty or more women workers (including women** workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of women workers (including women workers employed by any contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers. _Explanation.—For the purposes of this sub-section and sub-section (1A), “children” means persons_ who are below the age of six years.] 3[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation wherein less than fifty women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of such women workers is less than twenty, the State Government, having regard to the number of children of such women workers deems it necessary that suitable rooms for the use of such children should be provided and maintained by the employer, it may, by order, direct the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction.] 1. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010). 2. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982). 3. Ins. by s. 6, ibid. (w.e.f. 26-1-1982). 10 ----- (2) [1][The rooms referred to in sub-section (1) or sub-section (1A)] shall— (a) provide adequate accommodation; (b) be adequately lighted and ventilated; (c) be maintained in a clean and sanitary condition; and (d) be under the charge of a woman trained in the care of children and infants. (3) The State Government may make rules prescribing the location and the standards of [1][the rooms referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and the equipment and amenities to be provided therein. **13. Recreational facilities.—The State Government may make rules requiring every employer to** make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed. **14. Educational facilities.—Where the children between the ages of six and twelve of workers** employed in any plantation exceed twenty-five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. 2[15. Housing facilities.—It shall be the duty of every employer to provide and maintain necessary housing accommodation— (a) for every worker (including his family) residing in the plantation; (b) for every worker (including his family) residing outside the plantation, who has put in six months of continuous service in such plantation and who has expressed a desire in writing to reside in the plantation: Provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker who, immediately before his death, was residing in the plantation.] **16. Power to make rules relating to housing.—The State Government may make rules for the** purpose of giving effect to the provisions of section 15 and, in particular providing for— (a) the standard and specification of the accommodation to be provided; (b) the selection and preparation of sites for the construction of houses and the size of such plot; (c) the constitution of advisory boards consisting of representatives of the State Government, the employer and the workers for consultation in regard to matters connected with housing and the exercise by them of such powers, functions and duties in relation thereto as may be specified; (d) the fixing of rent, if any, for the housing accommodation provided for workers; 1. Subs. by Act 58 of 1981, s. 6, for "such rooms" (w.e.f. 26-1-1982). 2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982). 11 ----- (e) the allotment to workers and their families of housing accommodation and of suitable strips of vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, [1]*** and for the eviction of workers and their families from such accommodation; (f) access to the public to those parts of the plantation wherein the workers are housed. 2[16A. Liability of employer in respect of accidents resulting from collapse of houses provided **by him.—(1) If death or injury is caused to any worker or a member of his family as a result of the** collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation. (2) The provisions of section 4 of, and Schedule IV to, the Workmen's Compensation Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a workman under that Act shall, so far as may be, apply for the determination of the amount of compensation payable under sub-section (1). **16B. Appointment of Commissioners.—The State Government may, by notification in the Official** Gazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to be Commissioners to determine the amount of compensation payable under section 16A and may define the limits within which each such Commissioner shall exercise the powers and discharge the functions conferred or imposed on him by or under this Act. **16C. Application for compensation.—(1) An application for payment of compensation under** section 16A may be made to the Commissioner— (a) by the person who has sustained the injury; or (b) by any agent duly authorised by the person who has sustained the injury; or (c) where the person who has sustained the injury is a minor, by his guardian; or (d) where death has resulted out of the collapse of the house, by any dependant of the deceased or by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian. (2) Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (3) No application for compensation under this section shall be entertained unless it is made within six months of the collapse of the house: Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient cause from making the application within the aforesaid period of six months, entertain such application within a further period of six months. _Explanation.—In this section, the expression “dependant” has the meaning assigned to it in clause (d)_ of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923). **16D. Procedure and powers of Commissioner.—(1) On receipt of an application under section** 16C, the Commissioner may make an inquiry into the matter covered by the application. 1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960). 2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982). 12 ----- (2) In determining the amount of compensation payable under section 16A, the Commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit. (3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed. (4) Subject to any rules that may be made in this behalf, the commissioner may, for the purpose of determining any claim or compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry. **16E. Liability to pay compensation, etc., to be decided by Commissioner.—(1) Any question as to** the liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the Commissioner. (2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as to the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the High Court having jurisdiction over the place where the collapse of the house has occurred, within ninety days of the communication of the order of the Commissioner to such person: Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period: Provided further that nothing in this sub-section shall be deemed to authorise the High Court to grant compensation in excess of the amount of compensation payable under section 16A. (3) Subject to the decision of the High Court in cases in which an appeal is preferred under sub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not be called in question in any court. **16F. Saving as to certain rights.—The right of any person to claim compensation under section 16A** shall be without prejudice to the right of such person to recover compensation payable under any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same collapse of the house. **16G. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules for giving effect to the provisions of sections 16A to 16F (both inclusive). (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (i) the qualifications and conditions of service of Commissioners; 13 ----- (ii) the manner in which claims for compensation may be inquired into and determined by the Commissioner; (iii) the matters in respect of which any person may be chosen to assist the Commissioner under section 16D and the functions that may be performed by such person; (iv) generally for the effective exercise of any powers conferred on the Commissioner.] **17. Other facilities.—The State Government may make rules requiring that in every plantation the** employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed. **18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily** employed the employer shall employ such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). 1[CHAPTER IVA PROVISIONS AS TO SAFETY **18A. Safety.—(1) In every plantation, effective arrangements shall be made by the employer to** provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances. (2) The State Government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals. (3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation. (4) Every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the State Government. (5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the State Government. (6) Every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record. (7) Every employer shall provide— (a) washing, bathing and clock room facilities; and (b) protective clothing and equipment, to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the State Government. 1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010). 14 ----- (8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of such insecticides, chemicals and toxic substances. (9) Every employer shall exhibit such precautionary notices as may be prescribed by the State Government indicating the hazards of insecticides, chemicals and toxic substances. **18B. Power of State Government to make rules.—(1) The State Government may, by notification** in the Official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the restriction on employment of women and adolescents for handling hazardous chemicals under sub-section (2) of section 18A; (b) the qualifications of supervisor appointed under sub-section (3) of section 18A; (c) the matters for training of workers under sub-section (4) of section 18A; (d) the medical examination of workers under sub-section (5) of section 18A; (e) the facilities and equipment to be provided to the workers engaged in handling insecticides, chemicals and toxic substances under sub-section (7) of section 18A; (f) the precautionary notices to be exhibited under sub-section (9) of section 18A.] CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT **19. Weekly hours.—[1][(1)] Save as otherwise expressly provided in this Act, no adult worker shall be** required or allowed to work on any plantation in excess of [2][forty-eight hours] a week and no adolescent 3*** for more than 4[twenty-seven hours] a week. [5][(2) Where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than forty-eight hours in any week, he shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages: Provided that no such worker shall be allowed to work for more than nine hours on any day and more than fifty-four hours in any week. (3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work.] **20. Weekly holidays.— (1) The State Government may by rules made in this behalf—** (a) provide for a day of rest in every period of seven days which shall be allowed to all workers; 1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982). 2. Subs. by s. 9, ibid, for "fifty-four hours" (w.e.f. 26-1-1982). 3. The words “or child’ omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010). 4. Subs. by Act 58 of 1981, s. 9, for “forty hours” (w.e.f. 26-1-1982). 5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982). 15 ----- 1[(b) provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime.] (2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so: Provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening. _Explanation 1.—Where on any day a worker has been prevented from working in any plantation_ by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevant period of seven days within the meaning of sub-section (1). _Explanation 2.—Nothing contained in this section shall apply to any worker whose total period of_ employment including any day spent on leave is less than six days. **21. Daily intervals for rest.—The period of work on each day shall be so fixed that no period shall** exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour. **22. Spreadover.—The period of work of an adult worker in a plantation shall be so arranged that** inclusive of his interval for rest under section [2][21] it shall not spreadover more than twelve hours including the time spent in waiting for work on any day. **23. Notice of period of work.—(1) There shall be displayed and correctly maintained in every** plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work. (2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation. (3) An employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the day's work. **3[24. Prohibition of employment of children.—No child shall be employed to work in any** plantation.] **25. Night work for women** **[4]***.—Except with the permission of the State Government, no woman** 5*** worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.: Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation. 1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982). 2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”. 3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010). 4. The words “and children” omitted by s. 8, ibid. (we.f. 7-6-2010). 5. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010). 16 ----- **26. Non-adult workers to carry tokens.— No [1]*** adolescent shall be required or allowed to work** in any plantation unless— (a) a certificate of fitness granted with reference to him under section 27 is in the custody of the employer; and (b) such [2]*** adolescent carries with him while he is at work a token giving a references to such certificate. **27. Certificate of fitness.—(1) A certifying surgeon shall, on the application of any young person or** his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work [3]*** as an adolescent. (2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian. **28. Power to require medical examination.—An inspector may, if he thinks necessary so to do,** cause any young person employed in a plantation to be examined by a certifying surgeon. CHAPTER VI LEAVE WITH WAGES **29. Application of Chapter.— (1) The provisions of this Chapter shall not operate to the prejudice of** any rights to which a worker may be entitled under any other law or under the terms of any award, agreement, or contract of service: Provided that where such award, agreement or contract of service provides for a longer leave with wages than provided in this Chapter the worker shall be entitled only to such longer leave. _Explanation.—For the purpose of this Chapter leave shall not, except as provided in section 30,_ include weekly holidays or holidays for festivals or other similar occasions. **30. Annual leave with wages.—(1) Every worker shall be allowed leave with wages for a number of** days calculated at the rate of— (a) if an adult, one day for every twenty days of work performed by him, and (b) if a young person, one day for every fifteen days of work performed by him. 4* - - - 1. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010). 2. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010). 3. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010). 4. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 17 ----- 1[2[Explanation 1].—For the purposes of calculating leave under this sub-section,— (a) any day on which no work or less than half a day's work is performed shall not be counted; and (b) any day on which half or more than half a day's work is performed shall be counted as one day.] 3[Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays, whether occurring during, or at either and of the period of leave.] (2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months. (3) A worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days. 2[(4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination.] **31. Wages during leave period.— [4][(1) For the leave allowed to a worker under section 30, he shall** be paid,— (a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and (b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months. _Explanation.—For the purposes of clause (b) of sub-section (1), the average daily wage shall be_ computed on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance. (1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.] (2) A worker who has been allowed leave for [5][any period not less than] four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed. 1. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960). 2. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 3. Ins. by s. 11. ibid. (w.e.f. 26-1-1982). 4. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960). 5. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than". 18 ----- **32. Sickness and maternity benefits.—(1) Subject to any rules that may be made in this behalf,** every worker shall be entitled to obtain from his employer— (a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and (b) if a woman, in the case of confinement or expected confinement, maternity allowance, at such rate, for such period and at such intervals as may be prescribed. (2) The State Government may make rules regulating the payment of sickness or maternity allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation. 1[CHAPTER VIA ACCIDENTS **32A. Notice of accident.—Where in any plantation, an accident occurs which causes death or which** causes any bodily injury to a worker by reason of which the worker injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, in such form, and within such time, as may be prescribed. **32B. Register of accidents.—The employer shall maintain a register of all accidents which occur in** the plantation in such form and in such manner as may be prescribed.] 2[32C. Compensation.—The employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the Commissioner in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923).] CHAPTER VII PENALTIES AND PROCEDURE **33. Obstruction.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act or** refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to [3][six months, or with fine which may extend to ten thousand rupees, or with both]. 1. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982). 2. Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010). 3. Subs. by s. 12, ibid., for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010). 19 ----- (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both.] **34. Use of false certificate of fitness.—Whoever knowingly uses or attempts to use as a certificate of** fitness granted to himself under section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to [2][two months, or with fine which may extend to one thousand rupees, or with both]. **35. Contravention of provisions regarding employment of labour.—Whoever, except as otherwise** permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both]. **36. Other offences.—Whoever contravenes any of the provisions of this Act or of any rules made** thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both]. **37. Enhanced penalty after previous conviction.—If any person who has been convicted of any** offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 3[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both]: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. **4[37A. Power of court to make orders.—(1) Where an employer is convicted of an offence** punishable under section 36, the court may, in addition to awarding any punishment, by order in writing, require him within such period as may be specified in the order (which the court may, if it thinks fit and on an application made in this behalf by the employer, from time to time, extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, as the case may be, specified by the court, but if, on the expiry of such period or extended period, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and he shall, on conviction, be punishable with imprisonment for a term which may extend to six months and with fine which may extend to three hundred rupees for every day after such expiry.] 1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010). 2. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010). 3. Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010). 4. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982). 20 ----- **38. Exemption of employer from liability in certain cases.—Where an employer charged with an** offence under this Act alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days, notice in writing of his intention so to do, that other person brought before the Court on the day appointed for the hearing of the case and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court that— (a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and (b) that the other person committed the offence in question without his knowledge, consent or connivance; the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be acquitted: Provided that— (a) the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges to be the actual offender and by the prosecutor, and (b) if, in spite of due diligence, the person alleged as the actual offender cannot be brought before the Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereof from time to time so, however, that the total period of such adjournment does not exceed three months, and if, by the end of the said period, the person alleged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the case against the employer. 1[39. Cognizance of offences.— No Court shall take cognizance of any offence under this Act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **39A. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any person for anything which is in good faith done or intended to be done under this Act.] **40. Limitation of prosecutions.— No Court shall take cognizance of an offence punishable under** this Act unless the complaint thereof has been made or is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. CHAPTER VIII MISCELLANEOUS **41. Power to give directions.—The Central Government may give directions to the Government of** any State as to the carrying into execution in the State of the provisions contained in this Act. 1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010). 21 ----- **42. Power to exempt.—The State Government may, by order in writing, exempt, subject to such** conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this Act: Provided that no such exemption [1][other than an exemption from section 19] shall be granted except with the previous approval of the Central Government. **43. General power to make rules.—(1) The State Government may, subject to the condition of** previous publication, make rules to carry out the purposes of this Act: Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was published. (2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for— (a) the qualifications required in respect of the chief inspector and inspector; (b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised; (c) the medical supervision which may be exercised by certifying surgeons; (d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations; (e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred; (f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained may be so provided; (g) the types of latrines and urinals that should be maintained in plantations; (h) the medical, recreational and educational facilities that should be provided in plantations; (i) the form and manner in which notices of periods of work shall be displayed and maintained; (j) the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act; 2*** (k) the hours of work for a normal working day for the purpose of wages and overtime; 1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960). 2. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982). 22 ----- 1[(l) any other matter which is required to be, or may be, prescribed.] 2[(3) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.] 3[(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] 1. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982). 2. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010). 3. Added by Act 4 of 2005, s. 2 and the Schedule (w.e.f.11-1-2005). 23 -----

11-Mar-1948

11

The mimimum wates act, 1948

https://www.indiacode.nic.in/bitstream/123456789/19025/1/minimum_wages_act%2c_1948.pdf

Andaman and Nicobar Islands

THE MINIMUM WAGES ACT, 1948 ACT NO. 11 OF 1948 1* [15th March, 1948.] An Act to provide for fixing minimum rates of wages in certain employments. WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments; It is hereby enacted as follows:- 1. Short title and extent. 1. Short title and extent.-(1) This Act may be called the Minimum Wages Act, 1948. (2) It extends to the whole of India 2***. 2. Interpretation. 2. Interpretation.- In this Act, unless there is anything repugnant in the subject context,- 3*[(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa) "adult" means a person who has completed his eighteenth year of age;] (b) "appropriate Government" means,- (i) in relation to any scheduled employment carried on by or under the authority of the 4*[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 5*[a Central Act], the Central Government, and (ii) in relation to any other scheduled employment, the State Government; 6*[(bb) "child" means a person who has not completed his fourteenth year of age;] (c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification; --------------------------------------------------------------------1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. and Union Territory of Goa, Daman and Diu by Notification No. G.S.R. 436, dated 16-4-1973, Gazette of India, Pt. II, Sec. 3(i), p. 875. ----- This Act has been amended in Uttar Pradesh by Uttar Pradesh Act 20 of 1960 (w.e.f. 1-1-1960). Bihar by Bihar Act 3 of 1961, Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of 1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of 1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976. 2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 3. Subs. by Act 61 of 1986, s. 23. 4. Subs. by Act 30 of 1957, s. 2, for "Central Government, by a railway administration". 5. Subs. by the A. O. 1950, for "an Act of the Central Legislature". 6. Ins. by Act 61 of 1986, s. 23. 202 (d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment; (e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26,- (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under 1*[clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages; (f) "prescribed" means prescribed by rules made under this Act; --------------------------------------------------------------------1. Subs. by Act 26 of 1954, s. 2, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934". 203 ----- (g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment; (h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 1*[and includes house rent allowance], but does not include- (i) the value of- (a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge; (i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 2*[Union]. --------------------------------------------------------------------1. Ins. by Act 30 of 1957, s. 2. 2. Subs. by the A. O. 1950 for "Crown". 204 3. Fixing of minimum rates of wages. 3. Fixing of minimum rates of wages.- 1*[(1) The appropriate Government shall, in the manner hereinafter provided,- 2*[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing ----- minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;] (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 3*[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.] (1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time, 4*** the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 5*[as soon as may be after such finding].] (2) The appropriate Government may fix,- (a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate"); --------------------------------------------------------------------1. Subs. by Act 26 of 1954, s. 3, for sub-section (1). 2. Subs. by Act 31 of 1961, s. 2, for cl. (a). 3. Added by Act 30 of 1957, s. 3. 4. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2. 5. Subs. by s. 2, ibid., for certain words. 205 (b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate"); (c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate"); (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate"). 1*[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947.) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the ----- notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.] (3) In fixing or revising minimum rates of wages under this section,- (a) different minimum rates of wages may be fixed for- (i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities; 2*[(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:- (i) by the hour, --------------------------------------------------------------------1. Ins. by Act 31 of 1961, s. 2. 2. Subs. by Act 30 of 1957, s. 3, for the original clause, excluding the proviso. 206 (ii) by the day, (iii) by the month, or (iv) by such other larger wage-period as may be prescribed; and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. 4. Minimum rate of wages. 4. Minimum rate of wages.-(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of- (i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or (ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or (iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. ----- (2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government. 5. Procedure for fixing and revising minimum wages. 1*[5. Procedure for fixing and revising minimum wages.- (1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either- (a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or --------------------------------------------------------------------1. Subs. by Act 30 of 1957, s. 4, for the original section. 206A (b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. (2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise 207 provides, it shall come into force on the expiry of three months from the date of its issue: Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of subsection (1), the appropriate Government shall consult the Advisory Board also.] 6. [Repealed.] 6. [Advisory committees and sub-committees.]-Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), s. 5. 7. Advisory Board. 7. Advisory Board.- For the purpose of co-ordinating the work of 1*[committees and sub-committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board. ----- 8. Central Advisory Board. 8. Central Advisory Board.- (1) For the purpose of advising the Central and State Governments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory Boards, the Central Government shall appoint a Central Advisory Board. (2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government. 9. Composition of committees, etc. 9. Composition of committees, etc.- Each of the committees, subcommittees 2*** and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman by the appropriate Government. 10. Correction of errors. 3*[10. Correction of errors.- (1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical --------------------------------------------------------------------1. Subs. by Act 30 of 1957, s. 6, for "committees, sub-committees, advisory committees and advisory sub-committees appointed under sections 5 and 6". 2. The words "advisory committees, advisory sub-committees" omitted by s. 7, ibid. 3. Subs. by s. 8, ibid., for the original section. 208 mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission. (2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information.] 11. Wages in kind. 11. Wages in kind.-(1) Minimum wages payable under this Act shall be paid in cash. (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind. ----- (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concession rates. (4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner. 12. Payment of minimum rates of wages. 12. Payment of minimum rates of wages.- (1) Where in respect of any scheduled employment a notification under section 5 1*** is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed. (2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936). 13. Fixing hours for a normal working day, etc. 13. Fixing hours for a normal working day, etc.-2*[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may- (a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; --------------------------------------------------------------------1. The words and figures "or section 10" omitted by Act 30 of 1957, s. 9. 2. S. 13 re-numbered as sub-section (1) of that section by s. 10, ibid. 209 (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest; (c) provide for payment for work on a day of rest at a rate not less than the overtime rate. 1*[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed :- (a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented; (b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over; ----- (e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces. (3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.] 14. Overtime. 14. Overtime.- (1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher. --------------------------------------------------------------------1. Added by Act 30 of 1957, s. 10. 210 (2) Nothing in this Act shall prejudice the operation of the provisions of 1*[section 59 of the Factories Act, 1948 (63 of 1948) ] in any case where those provisions are applicable. 15. Wages of worker who works for less than normal working day. 15. Wages of worker who works for less than normal working day.If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: Provided, however, that he shall not be entitled to receive wages for a full normal working day- (i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and (ii) in such other cases and circumstances as may be prescribed. 16. Wages for two or more classes of work. 16. Wages for two or more classes of work.-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class. ----- 17. Minimum time rate wages for piece work. 17. Minimum time rate wages for piece work.- Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate. 18. Maintenance of registers and records. 18. Maintenance of registers and records.- (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of outworkers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars. --------------------------------------------------------------------1. Subs. by Act 26 of 1954, s. 4, for "section 47 of the Factories Act, 1934". 211 (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. 19. Inspectors. 19. Inspectors.- (1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions. (2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed- (a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein; ----- (c) require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; 1*[(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and] (e) exercise such other powers as may be prescribed. --------------------------------------------------------------------1. Subs. by Act 30 of 1957, s. 11, for the original clause. 212 (3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1*[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).] 20. Claims. 20. Claims.- (1) The appropriate Government may, by notification in the Official Gazette, appoint 2*[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 3*[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area. (2) 4*[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on which the minimum wages 3*[or other amount] became payable: Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period. 5*[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, --------------------------------------------------------------------1. Ins. by Act 30 of 1957, s. 11. 2. Subs. by s. 12, ibid., for "any Commissioner for Workmen's Compensation or". 3. Ins. by s. 12, ibid. 4. Subs. by s. 12, ibid., for "Where an employee is paid less than the minimum rates of wages fixed for his class of work under ----- this Act". 5. Subs. by s. 12, ibid., for the original sub-section. 213 as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct- (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess; (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees, and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.] (4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application. (5) Any amount directed to be paid under this section may be recovered- (a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate. (6) Every direction of the Authority under this section shall be final. (7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). 21. Single application in respect of a number of employees. 21. Single application in respect of a number of employees.- (1) 1*[Subject to such rules as may be prescribed, a single application] may be presented under section 20 on behalf or in respect --------------------------------------------------------------------1. Subs. by Act 30 of 1957, s. 13, for "A single application". 214 of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess 1*[or ten rupees per head, as the case may be]. (2) The Authority may deal with any number of separate pending ----- applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly. 22. Penalties for certain offences. 2*[22. Penalties for certain offences.- Any employer who- (a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or (b) contravenes any rule or order made under section 13, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20. 22A. General provision for punishment of other offences. 22A. General provision for punishment of other offences.- Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees. 22B. Cognizance of offences. 22B. Cognizance of offences.- (1) No Court shall take cognizance of a complaint against any person for an offence- (a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer --------------------------------------------------------------------1. Added by Act 30 of 1957, s. 13. 2. Ss. 22 to 22F subs. by s. 14, ibid., for the original s. 22. 215 authorised by it in this behalf has sanctioned the making of the complaint; (b) under clause (b) of section 22 or under section 22A except on a complaint made by, or with the sanction of, an Inspector. (2) No Court shall take cognizance of an offence- (a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant ----- of sanction under this section; (b) under section 22A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed. 22C. Offences by companies. 22C. Offences by companies.- (1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm means a partner in the firm. 22D. Payment of undisbursed amounts due to employees. 22D. Payment of undisbursed amounts due to employees.- All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the 216 employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed. 22E. Protection against attachment of assets of employer with Government. 22E. Protection against attachment of assets of employer with Government.-Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or ----- liability incurred by the employer towards any employee employed in connection with the contract aforesaid. 22F. Application of Payment of Wages Act, 1936, to scheduled employments. 22F. Application of Payment of Wages Act, 1936, to scheduled employments.- (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936). the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification. (2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.] 23. Exemption of employer from liability in certain cases. 23. Exemption of employer from liability in certain cases.- Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged: Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf 216A of the person whom the employer charges as the actual offender and by the prosecution. 24. Bar of suits. 24. Bar of suits.- No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed- (a) forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff, or (b) has formed the subject of a direction under that section in favour of the plaintiff, or ----- (c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or (d) could have been recovered by an application under that section. 25. Contracting out. 25. Contracting out.- Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act. 26. Exemptions and exceptions. 26. Exemptions and exceptions.- (1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees. (2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 1*[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment. 2*[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 1*[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class 1*[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may --------------------------------------------------------------------1. Ins. by Act 30 of 1957, s. 15. 2. Ins. by Act 26 of 1954, s. 5. 216B think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.] (3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him. Explanation.--In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister. 27. Power of State Government to add to Schedule. 27. Power of State Government to add to Schedule.- The appropriate Government, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like ----- notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly. 28. Power of Central Government to give directions. 28. Power of Central Government to give directions.- The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. 29. Power of the Central Government to make rules. 29. Power of the Central Government to make rules.- The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules1* prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board. 30. Power of appropriate Government to make rules. 30. Power of appropriate Government to make rules.- (1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may- (a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, subcommittees, 2*** and the Advisory Board; --------------------------------------------------------------------1. For the Minimum Wages (Central) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 781. 2. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16. 216C (b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter of the enquiry before the committees, sub-committees, 1*** and the Advisory Board; (c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates; (d) prescribe the time and conditions of payment of, and the deductions permissible from, wages; (e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act; (f) provide for a day of rest in every period of seven days ----- and for the payment of remuneration in respect of such day; (g) prescribe the number of hours of work which shall constitute a normal working day; (h) prescribe the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day; (i) prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records; (j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips; (k) prescribe the powers of Inspectors for purposes of this Act; (l) regulate the scale of costs that may be allowed in proceedings under section 20; (m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and (n) provide for any other matter which is to be or may be prescribed. --------------------------------------------------------------------1. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16. 216D 30A. Rules made by Central Government to be laid before Parliament. 1*[30A. Rules made by Central Government to be laid before Parliament.- Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 31. Validation of fixation of certain minimum rates of wages. 2*[31. Validation of fixation of certain minimum rates of wages.Where during the period- (a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or (b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or ----- (c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961), minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957, (30 of 1957) or the Minimum Wages (Amendment) Act, 1961, (31 of 1961) as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed: Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.] --------------------------------------------------------------------1. Ins. by Act 31 of 1961, s. 3. 2. Subs. by s. 4, ibid., for s. 31. 216E -----

11-Jun-1979

30

The inter-state migrant workmen (regulation of employment and conditions of service) act, 1979

https://www.indiacode.nic.in/bitstream/123456789/19021/1/the_inter-state_migrant_workmen_regulation_of_employment_and_conditions__of_service_act_1979.pdf

Andaman and Nicobar Islands

# THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN 3. Appointment of registering officers. 4. Registration of certain establishments. 5. Revocation of registration in certain cases. 6. Prohibition against employment of inter-State migrant workmen without registration. CHAPTER III LICENSING OF CONTRACTORS 7. Appointment of licensing officers. 8. Licensing of contractors. 9. Grant of licences. 10. Revocation, suspension and amendment of licences. 11. Appeal. CHAPTER IV DUTIES AND OBLIGATIONS OF CONTRACTORS 12. Duties of contractors. CHAPTER V WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER-STATE MIGRANT WORKMEN 13. Wage rates and other conditions of service of inter-State migrant workmen. 14. Displacement allowance. 15. Journey allowance, etc. 16. Other facilities. 17. Responsibility for payment of wages. 18. Liability of principal employer in certain cases. 19. Past liabilities. CHAPTER VI INSPECTING STAFF 20. Inspectors. 1 ----- CHAPTER VII MISCELLANEOUS SECTIONS 21. Inter-State migrant workmen to be deemed to be in employment from date of recruitment for the purposes of certain enactments. 22. Provisions regarding industrial disputes in relation to inter-State migrant workmen. 23. Registers and other records to be maintained. 24. Obstructions. 25. Contravention of provisions regarding employment of inter-State migrant workmen. 26. Other offences. 27. Offences by companies. 28. Cognizance of offences. 29. Limitation of prosecutions. 30. Effect of laws and agreements inconsistent with the Act. 31. Power to exempt in special cases. 32. Protection of action taken under the Act. 33. Power to give directions. 34. Power to remove difficulties. 35. Power to make rules. 36. Repeals and saving. THE SCHEDULE. 2 ----- # THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 # ACT NO. 30 OF 1979 [11th June, 1979.] # An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Inter-State** Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that if the Central Government considers it necessary or expedient so to do in the public interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of all or any of the provisions of this Act in any State or States for such period not extending beyond one year from the date on which this Act comes into force. (4) It applies— (a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months; (b) to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means,— (i) in relation to— (1) any establishment pertaining to any industry carried on by or under the authority of the Central Government or pertaining to any such controlled industry as may be specified in this behalf by the Central Government; or (2) any establishment of any railway, Cantonment Board, major port, mine or oil-field; or (3) any establishment of a banking or insurance company, the Central Government; (ii) in relation to any other establishment, the Government of the State in which that other establishment is situated; (b) “contractor”, in relation to an establishment, means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment, other than mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, _Khatadar,_ _Sardar, agent or any other person, by whatever name called, who recruits or employs workmen;_ (c) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; 1. 2nd October, 1980, vide notification No. G.S.R. 513(E), dated 11th August, 1980, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- (d) “establishment” means— (i) any office or department of the Government or a local authority; or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (e) “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment; (f) “prescribed” means prescribed by rules made under this Act; (g) “principal employer” means,— (i) in relation to any office or department of the Government or a local authority, the head of that office, department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf; (ii) in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named; (iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named; (iv) in relation to any other establishment, any person responsible for the supervision and control of the establishment. _Explanation.—For the purposes of sub-clause (iii) of this clause, the expressions “mine”,_ “owner” and “agent” shall have the meanings respectively assigned to them in clause (j), clause (l) and clause (c) of sub-section (1) of section 2 of the Mines Act,1952 (35 of 1952); (h) “recruitment” includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly; (i) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936); (j) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person— (i) who is employed mainly in a managerial or administration capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. CHAPTER II REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN **3. Appointment of registering officers.—The appropriate Government may, by order notified in the** Official Gazette,— (a) appoint such persons, being officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter; and (b) define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act. **4. Registration of certain establishments.—(1) Every principal employer of an establishment to** which this Act applies shall, within such period as the appropriate Government may, by notification in the 4 ----- Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment: Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) Within one month after the receipt of an application for registration under sub-section (1), the registering officer shall,— (a) if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form; and (b) if the application is not so complete, return the application to the principal employer of the establishment. (3) Where within a period of one month after the receipt of an application for registration of an establishment under sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certificate of registration applied for and does not return the application under clause (b) of that sub-section, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form. **5. Revocation of registration in certain cases.—If the registering officer is satisfied, either on a** reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke by order in writing the registration and communicate the order to the principal employer: Provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the principal employer and such order shall take effect on the date on which such service is effected. **6. Prohibition against employment of inter-State migrant workmen without registration.—No** principal employer of an establishment to which this Act applies shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this Act is in force: Provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under sub-section (1) of section 4 is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of sub-section (3) of section 4 apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that sub-section. CHAPTER III LICENSING OF CONTRACTORS **7. Appointment of licensing officers.—The appropriate Government may, by order notified in the** Official Gazette,— (a) appoint such persons, being officers of Government, as it thinks fit to be licensing officers for the purposes of this Chapter; and (b) define the limits, within which a licensing officer shall exercise the jurisdiction and powers conferred on licensing officers by or under this Act. 5 ----- **8. Licensing of contractors.—(1) With effect from such date as the appropriate Government may, by** notification in the Official Gazette, appoint, no contractor to whom this Act applies shall,— (a) recruit any person in a State for the purpose of employing him in any establishment situated in another State, except under and in accordance with a licence issued in that behalf— (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made; (ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made; (b) employ as workmen for the execution of any work in any establishment in any State, persons from another State (whether or not in addition to other workmen) except under and in accordance with a licence issued in that behalf,— (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the establishment is situated; (ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establishment is situated. (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the inter-State migrant workmen, as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees as may be prescribed: Provided that if for any special reasons, the licensing officer is satisfied that it is necessary to require any person who has applied for, or who has been issued, a licence to furnish any security for the due performance of the conditions of the licence, he may, after communicating such reasons to such person and giving him an opportunity to represent his case, determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or, as the case may be, for continuing to hold the licence. (3) The security which may be required to be furnished under the proviso to sub-section (2) shall be reasonable and the rules for the purposes of the said proviso shall, on the basis of the number of workmen employed, the wages payable to them, the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined. **9. Grant of licences.—(1) Every application for the grant of a licence under sub-section (1) of** section 8 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which inter-State migrant workmen are to be employed and such other particulars as may be prescribed. (2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation, the licensing officer shall follow such procedure as may be prescribed. (3) A licence granted under section 8, shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. 6 ----- **10. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,** either on a reference made to him in this behalf or otherwise, that— (a) a licence granted under section 8 has been obtained by misrepresentation or suppression of any material fact, or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made hereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity to be heard, by order in writing, revoke the licence or forfeit the security furnished by him under the proviso to sub-section (2) of section 8 or any part thereof and communicate the order to the holder of the licence: Provided that where the licensing officer considers it necessary so to do for any special reasons, he may, pending such revocation or forfeiture, by order, suspend the operation of the licence for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the holder of the licence and such order shall take effect on the date on which such service is effected. (2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 8. **11. Appeal.—(1) Any person aggrieved by an order made under section 4, section 5, section 8 or** section 10 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. CHAPTER IV DUTIES AND OBLIGATIONS OF CONTRACTORS **12. Duties of contractors.—(1) It shall be the duty of every contractor—** (a) to furnish such particulars and in such form as may be prescribed, to the specified authority in the State from which an inter-State migrant workman is recruited and in the State in which such workman is employed, within fifteen days from the date of recruitment, or, as the case may be, the date of employment, and where any change occurs in any of the particulars so furnished, such change shall be notified to the specified authorities of both the States; (b) to issue to every inter-State migrant workman, a pass book affixed with a passport size photograph of the workman and indicating in Hindi and English languages, and where the language of the workman is not Hindi or English, also in the language of the workman,— (i) the name and place of the establishment wherein the workman is employed; (ii) the period of employment; (iii) the proposed rates and modes of payment of wages; (iv) the displacement allowance payable; (v) the return fare payable to the workman on the expiry of the period of his employment and in such contingencies as may be prescribed and in such other contingencies as may be specified in the contract of employment; (vi) deductions made; and 7 ----- (vii) such other particulars as may be prescribed; (c) to furnish in respect of every inter-State migrant workman who ceases to be employed, a return in such form and in such manner as may be prescribed, to the specified authority in the State from which he is recruited and in the State in which he is employed, which shall include a declaration that all the wages and other dues payable to the workman and the fare for the return journey back to his State have been paid. (2) The contractor shall maintain the pass book referred to in sub-section (1) up-to-date and cause it to be retained with the inter-State migrant workman concerned. _Explanation.—For the purposes of this section and section 16 “specified authority” means such_ authority as may be specified by the appropriate Government in this behalf. CHAPTER V WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER-STATE MIGRANT WORKMEN **13. Wage rates and other conditions of service of inter-State migrant workmen.—(1) The wage** rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall,— (a) in a case where such workman performs in any establishment, the same or similar kind of work as is being performed by any other workman in that establishment, be the same as those applicable to such other workman; and (b) in any other case, be such as may be prescribed by the appropriate Government: Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under the Minimum Wages Act, 1948 (11 of 1948). (2) Notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-State migrant workman under this section shall be paid in cash. **14. Displacement allowance.—(1) There shall be paid by the contractor to every inter-State migrant** workman at the time of recruitment, a displacement allowance equal to fifty per cent. of the monthly wages payable to him or seventy-five rupees, whichever is higher. (2) The amount paid to a workman as displacement allowance under sub-section (1) shall not be refundable and shall be in addition to the wages or other amounts payable to him. **15. Journey allowance, etc.—A journey allowance of a sum not less than the fare from the place of** residence of the inter-State migrant workman in his State to the place of work in the other State shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journeys as if he were on duty. **16. Other facilities.—It shall be the duty of every contractor employing inter-State migrant workmen** in connection with the work of an establishment to which this Act applies,— (a) to ensure regular payment of wages to such workmen; (b) to ensure equal pay for equal work irrespective of sex; (c) to ensure suitable conditions of work to such workmen having regard to the fact that they are required to work in a State different from their own State; (d) to provide and maintain suitable residential accommodation to such workmen during the period of their employment; (e) to provide the prescribed medical facilities to the workmen, free of charge; (f) to provide such protective clothing to the workmen as may be prescribed; and (g) in case of fatal accident or serious bodily injury to any such workman, to report to the specified authorities of both the States and also the next of kin of the workman. 8 ----- **17. Responsibility for payment of wages.—(1) A contractor shall be responsible for payment of** wages to each inter-State migrant workman employed by him and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the inter-State migrant workman employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. **18. Liability of principal employer in certain cases.—(1) If any allowance required to be paid** under section 14 or section 15 to an inter-State migrant workman employed in an establishment to which this Act applies is not paid by the contractor or if any facility specified in section 16 is not provided for the benefit of such workman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within such time as may be prescribed. (2) All the allowances paid by the principal employer or all the expenses incurred by him in providing the facility referred to in sub-section (1) may be recovered by him from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. **19. Past liabilities.—It shall be the duty of every contractor and every principal employer to ensure** that any loan given by such contractor or principal employer to any inter-State migrant workman does not remain outstanding after the completion of the period of employment of such workman under the said contractor or, as the case may be, in the establishment of such principal employer and accordingly every obligation of an inter-State migrant workman to re-pay any debt obtained by him during the period of his employment from the contractor or the principal employer and remaining unsatisfied before the completion of such period shall, on such completion, be deemed to have been extinguished and no suit or other proceeding shall lie in any court or before any authority for the recovery of such debt or any part thereof. CHAPTER VI INSPECTING STAFF **20. Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette,** appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, within the local limits for which he is appointed, an inspector may— (a) if he has reason to believe that any inter-State migrant workmen are employed in any premises or place, enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority as he thinks fit, such premises or place for the purpose of— (i) satisfying himself whether the provisions of this Act in relation to the payment of wages, conditions of service, or facilities to be provided to such workmen are being complied with; (ii) examining any register or record or notices required to be kept or exhibited by the provisions of this Act or the rules made thereunder, and requiring the production thereof for inspection; (b) examine any person found in any such premises or place for the purpose of determining whether such person is an inter-State migrant workman; 9 ----- (c) require any person giving out work to any workman, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; (d) seize or take copies of such register, record of wages, or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by a principal employer or contractor, and (e) exercise such other powers as may be prescribed. (3) Notwithstanding anything contained in sub-sections (1) and (2), if a State Government considers it necessary for the purpose of satisfying itself that the provisions of this Act are being complied with in respect of any workmen belonging to that State and employed in an establishment situated in another State, it may, by order in writing, appoint such persons, being persons in the service of that Government, for the exercise of such of the powers mentioned in sub-section (2), as may be specified in that order: Provided that no such order shall be issued without the concurrence of the Government of the State in which such workmen are employed or where the establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, without the concurrence of the Central Government. (4) Any person required to produce any document or thing, or to give any information required, by an inspector under sub-section (2), or by a person appointed under sub-section (3), shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (5) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code. CHAPTER VII MISCELLANEOUS **21. Inter-State migrant workmen to be deemed to be in employment from date of recruitment** **for the purposes of certain enactments.—For the purposes of the enactments specified in the Schedule,** an inter-State migrant workman shall, on and from the date of his recruitment, be deemed to be employed and actually worked in the establishment or, as the case may be, the first establishment in connection with the work of which he is employed. **22.** **Provisions** **regarding** **industrial** **disputes** **in** **relation** **to** **inter-State** **migrant** **workmen.—(1) Notwithstanding anything contained in the Industrial Disputes Act. 1947 (14 of 1947),** any dispute or difference in connection with the employment or non-employment or the terms of employment or the conditions of labour, of an inter-State migrant workman (hereafter in this section referred to as the industrial dispute), may,— (a) if the industrial dispute is relatable to an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, be referred under the provisions of the said Act, by the Central Government to any of the authorities referred to in Chapter II of that Act (hereafter in this section referred to as the said authorities),— (i) in the State wherein the establishment is situated; (ii) in the State wherein the recruitment of such workman was made if he makes an application in that behalf to that Government on the ground that he has returned to that State after the completion of his employment; (b) if the industrial dispute is relatable to an establishment referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 2,— (i) be referred under the provisions of the said Act, by the Government of the State wherein the establishment is situated, to any of the said authorities in that State; or 10 ----- (ii) be referred under the provisions of the said Act, by the Government of the State wherein the recruitment of such workman was made to any of the said authorities in that State, if he makes an application in that behalf to that Government on the ground that he has returned to that State after the completion of his employment: Provided that— (a) no application referred to in sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) shall be entertained after the expiry of a period of six months from the date of his return to the State wherein the recruitment was made after the completion of his employment, unless the Government concerned is satisfied that the applicant was prevented by sufficient cause from making the application within that period; (b) no reference under the said sub-clause (ii) of clause (b) shall be made except after obtaining the concurrence of the Government of the State wherein the establishment concerned is situated. (2) Without prejudice to the provisions of section 33B of the Industrial Disputes Act, 1947 (14 of 1947), where during the pendency of any proceeding in respect of an industrial dispute under that Act before any of the said authorities in the State wherein the establishment is situated, an application is made to that authority by an inter-State migrant workman for the transfer of such proceeding to a corresponding authority in the State wherein his recruitment was made on the ground that he has returned to that State after the completion of his employment, that authority shall forward the application to the Central Government, or, as the case may be, to the Government of the State wherein such recruitment was made and transfer such proceeding in the prescribed manner to such authority as may be specified in this behalf by that Government: Provided that in a case where no authority has been specified by the Government concerned within the prescribed period, the authority before which the proceeding is pending shall, on a request being made by the inter-State migrant workman and after obtaining the previous approval of the Government which referred the dispute to that authority, forward such proceeding to the Government concerned for reference of such dispute to an authority in the State wherein such recruitment was made. (3) Without prejudice to the provisions of sub-section (2), if the Central Government is satisfied that it is expedient in the interests of justice so to do, it may, by order in writing and for reasons to be stated therein, withdraw any proceeding in respect of any industrial dispute relating to an inter-State migrant workman pending before an authority in the State in which the establishment concerned is situated and transfer the same to such authority in the State wherein the recruitment of such workman was made as may be specified in the order. (4) The authority to which any proceeding is transferred under this section may proceed either _de novo or from the stage at which it was so transferred._ **23. Registers and other records to be maintained.—(1) Every principal employer and every** contractor shall maintain such registers and records giving such particulars of the inter-State migrant workmen employed, the nature of work performed by such workmen, the rates of wages paid to the workmen and such other particulars in such form as may be prescribed. (2) Every principal employer and every contractor shall keep exhibited in such manner as may be prescribed within the premises of the establishment where the inter-State migrant workmen are employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed. **24. Obstructions.—(1) Whoever obstructs an inspector or a person appointed under sub-section (3)** of section 20 (hereinafter referred to as unauthorised person) in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector or authorised person any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. 11 ----- (2) Whoever wilfully refuses to produce on the demand of any inspector or authorised person any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by any inspector or authorised person acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. **25. Contravention of provisions regarding employment of inter-State migrant workmen.—** Whoever contravenes any provisions of this Act or of any rules made thereunder regulating the employment of inter-State migrant workmen, or contravenes any condition of a licence granted under this Act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. **26. Other offences.—If any person contravenes any of the provisions of this Act or of any rules made** thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. **27. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **28. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by, or with the previous sanction in writing of, an inspector or authorised person and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **29. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this** Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the inspector or authorised person concerned: Provided that where the offence consists of disobeying a written order made by an inspector or authorised person, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. **30. Effect of laws and agreements inconsistent with the Act.—(1) The provisions of this Act shall** have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this Act: 12 ----- Provided that where under any such law, agreement, contract of service or standing orders, the inter-State migrant workmen employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this Act, the inter-State migrant workmen shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed as precluding any inter-State migrant workmen from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this Act. **31. Power to exempt in special cases.—The appropriate Government may, by notification in the** Official Gazette and subject to such conditions and restrictions, if any, and for such period or periods as may be specified in the notification, direct that all or any of the provisions of this Act or the rules made thereunder shall not apply to or in relation to any establishment or class of establishments or any contractor or class of contractors or any inter-State migrant workmen in such establishment or class of such workmen, if that Government is satisfied that it is just and proper so to do having regard to the methods of recruitment and the conditions of employment in such establishment or class of establishments and all other relevant circumstances. **32. Protection of action taken under Act.—(1) No suit, prosecution or other legal proceedings shall** lie against any registering officer, licensing officer or any other employee of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or notification or order made or issued thereunder. **33. Power to give directions.—The Central Government may give directions to the Government of** any State as to the carrying into execution in the State of the provisions contained in this Act. **34. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date on which this Act comes into force. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **35. Power to make rules.—(1) The appropriate Government may, subject to the condition of** previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and mariner in which an application for the registration of an establishment may be made under section 4, the fees payable thereon and the form of a certificate of registration issued under that section; (b) the form in which an application for the grant or renewal of a licence may be made under section 9 and the particulars it may contain; (c) the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence; (d) the form of a licence which may be granted or renewed under this Act, the conditions subject to which the licence may be granted or renewed, the fees payable for the grant or renewal of a licence 13 ----- and the security, if any, required to be furnished for the due performance of the conditions of the licence; (e) the circumstances under which licences may be varied or amended under section 10; (f) the form and the manner in which appeals may be filed under section 11 and the procedure to be followed by appellate officers in disposing of the appeals; (g) the wage rates, holidays, hours of work and other conditions of service which an inter-State migrant workman is entitled under section 13; (h) the period within which wages payable to inter-State migrant workmen should be paid by the contractor under sub-section (1) of section 17 and the manner of certification of such payment under sub-section (2) thereof; (i) the time within which allowances or facilities required by this Act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer under section 18; (j) the powers that may be exercised by inspectors under section 20; (k) the form of registers and records to be maintained, and the particulars and information to be contained in notices to be exhibited, by the principal employers and contractors under section 23; (l) the manner of submission of returns, and the forms in which, and the authorities to which, such returns may be submitted; (m) legal aid to inter-State migrant workmen; (n) any other matter which is required to be, or may be, prescribed under this Act. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **36. Repeals and saving.—(1) The Orissa Dadan Labour (Control and Regulation) Act, 1975** (Orissa Act 42 of 1975) and any law corresponding to this Act, in force in any State, shall stand repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Act or law so repeated shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue to be in force accordingly until superseded by anything done or any action taken under this Act. 14 ----- THE SCHEDULE [See section 21] 1. The Workmen’s Compensation Act, 1923 (8 of 1923). 2. The Payment of Wages Act, 1936 (4 of 1936). 3. The Industrial Disputes Act, 1947 (14 of 1947). 4. The Employees’ State Insurance Act, 1948 (34 of 1948). 5. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952). 6. The Maternity Benefit Act, 1961 (53 of 1961). 15 -----

20-May-1961

27

The motor transport workers act, 1961

https://www.indiacode.nic.in/bitstream/123456789/19026/1/motor_transport_workers_act_1961.pdf

Andaman and Nicobar Islands

### THE MOTOR TRANSPORT WORKERS ACT, 1961 **CONTENTS** _Introduction_ Sections _CHAPTER I_ **PRELIMINARY** 1. Short title, extent, commencement and application 2. Definitions _CHAPTER II_ **REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS** 3. Registration of motor transport undertaking _CHAPTER III_ **INSPECTING STAFF** 4. Chief inspector and inspectors 5. Powers of the inspectors 6. Facilities to be afforded to inspectors 7. Certifying surgeons _CHAPTER IV_ **WELFARE AND HEALTH** 8. Canteens 9. Rest rooms 10. Uniforms 11. Medical facilities 12. First-aid facilities _CHAPTER V_ **HOURS AND LIMITATIONS OF EMPLOYMENT** 13. Hours of work for adult motor transport workers 14. Hours of work for adolescents employed as motor transport workers 15. Daily intervals for rest 16. Spread-over 17. Split duty 18. Notice of hours of work 19. Weekly rest 20. Compensatory day of rest ----- Contents Sections Pages _CHAPTER VI_ **EMPLOYMENT OF YOUNG PERSONS** 21. Prohibition of employment of children 22. Adolescents employed as motor transport workers to carry tokens 23. Certificate of fitness 24. Power to require medical examination _CHAPTER VII_ **WAGES AND LEAVE** 25. Act 4 of 1936 to apply to payment of wages to motor transport workers 26. Extra wages for overtime 27. Annual leave with wages 28. Wages during leave period _CHAPTER VIII_ **PENALTIES AND PROCEDURE** 29. Obstructions 30. Use of false certificate of fitness 31. Contravention of provisions regarding employment of motor transport workers 32. Other offences 33. Enhanced penalty after previous conviction 34. Offences by companies 35. Cognizance of offences 36. Limitation of prosecutions _CHAPTER IX_ **MISCELLANEOUS** 37. Effect of laws and agreements inconsistent with this Act 38. Exemptions 39. Powers to give directions 40. Power to make rules ----- # THE MOTOR TRANSPORT WORKERS ACT, 1961 **STATEMENT OF OBJECTS AND REASONS** There are at present certain enactments like the Motor Vehicles Act, 1939 and the Factories Act, 1948, which cover certain sections of motor transport workers and certain aspects of their conditions of employment. There is, however, no independent legislation applicable to motor transport workers as a whole or for regulating the various aspects of their conditions of employment work and wages. It is considered desirable to have a separate legislative measure for motor transport workers which would cover matters like medical facilities, welfare facilities, hours of work spread-over, rest periods, overtime, annual leave with pay, etc., on the analogy of similar enactments for workers in factories, mines and plantations. The present Bill is intended to achieve this object. 2. The notes on clauses explain the main provisions contained in the Bill. Act 27 of 1961 The Motor Transport Workers Bill received the assent of the President on 20th May, 1961 after being passed by both the Houses of Parliament and came into force as the Motor Transport workers Act, 1961 (27 of 1961). List of Amending Acts 1. The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (51 of 1970). 2. The Delegated Legislative Provisions (Amendment) Act, 1985 (4 of 1986) ----- **THE MOTOR TRANSPORT WORKERS ACT, 1961** (27 of 1961)[1] [20th May, 1961] An Act to provide for the welfare of motor transport workers and to regulate the conditions of their work Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Chapter I **PRELIMINARY** **1. Short title, extent, commencement and application.- (1) This Act may be called the Motor** Transport Workers Act, 1961. (2) It extends to the whole of India [2][***]. (3) It shall come into force on such date, not being later than the 31st day of March, 1962, as the central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States: 3[Provided that it shall come into force in the state of Jammu and Kashmir on the commencement of the Central Labour Laws (Extension to Jammu and Kashmir) Act 1970 (51 of 1970]. (4) It applies to every motor transport undertaking employing five or more motor transport workers : Provided that the state Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply all or any of the provisions of this Act to any motor transport undertaking employing less than five motor transport workers. **2. Definitions.-In this Act, unless the context otherwise requires,-** (a) “adolescent” means a person who has completed his fifteenth year but has not completed his eighteenth year: (b) “adult” means a person who has completed his eighteenth year: (c) “child” means a person who has not completed his fifteenth year (d) “day” means a period of twenty-four hours beginning at midnight: Provided that where a motor transport worker’s duty commences before midnight but extends beyond midnight, the following day for him shall be deemed to be the period of twenty-four hours beginning when such duty ends, and the hours he has worked after midnight shall be counted in the previous day. (e) “employer” means, in relation to any motor transport undertaking, the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent or by any other name, such other person, [1] This Act has been extended to Dadra and Nagar Haveli by Regulation 6 of 1963, sec. 2 and Sch. I’ Pondicherry by Regulation 7 of 1963, sec. 3 and Goa, Daman and Diu by Regulation II of 1963, sec. 3 and Sch 2 The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971) 3 Added by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971) ----- (f) “hours of work” means the time during which a motor transport worker is at the disposal of the employer or of any other person entitled to claim his services and includes (i) The time spent in work done during the running time of the transport vehicle; (ii) The time spent in subsidiary work; and (iii) Periods of mere attendance at terminals of less than fifteen minutes. Explanation. - For the purpose of this clause – (1) “running time” in relation to a working day means the time from the moment a transport vehicle starts functioning at the beginning of the working day until the moment when the transport vehicle ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed during which period the persons who drive, or perform any other work in connection with the transport vehicle are free to dispose of their time as they please or are engaged in subsidiary work; (2) “subsidiary work” means work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle, including in particular (i) work in connection with accounts, the paying in of cash, the signing of registers, the handling in of service sheets, the checking of tickets and other similar work; (ii) the taking over and garaging of the transport vehicles; (iii) traveling from the place where a person signs on to the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off; (iv) work in connection with the upkeep and repair of the transport vehicle; and (v) the loading and unloading of the transport vehicle; (3) “period of mere attendance” means the period during which a person remains at his post solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule; (g) “motor transport undertaking” means a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier; (h) “motor transport worker” means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but except in section 8 does not include (i) any such person who is employed in a factory as defined in the Factories Act, 1948 (63 of 1948); (ii) any such person to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply; (i) “prescribed” means prescribed by rules made under this Act; ( j ) “qualified medical practitioner” means a person having a certificate granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or notified under section 3 of that Act or specified in the schedules to the Indian medical council Act, 1956 (102 of 1956), and includes any person having a certificate granted under any Provincial or State Medical Council Act; (k) “spread-over” means the period between the commencement of duty on any day and the termination of duty on that day; (l) “wages” has the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936); ----- (m) “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night; (n) all other words and expressions used but not defined in this Act and defined in the Motor Vehicles Act, 1939 (4 of 1939), shall have the meanings respectively assigned to them in that Act. ## Chapter II **REGISTRATION OF MOTOR TRANSPORT UNDERTAKINGS** **3. Registration of motor transport undertaking.--(1) Every employer of a motor transport** undertaking to which this Act applies shall have the undertaking registered under this Act. (2) An application for the registration of a motor transport undertaking shall be made by the employer to the prescribed authority in such form and within such time as may be prescribed. (3) Where a motor transport undertaking is registered under this Act, there shall be issued to the employer a certificate of registration containing such particulars as may be prescribed. _CHAPTER III_ **INSPECTING STAFF** **4. Chief inspector and inspectors. --(1) the State Government may, by notification in the Official** Gazette, appoint for the State a duly qualified person to be the chief inspector and as many duly qualified persons to be inspectors subordinate to the chief inspector as it thinks fit. (2) The chief inspector may declare the local limits within which inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such local limits as maybe assigned to him by the State Government. (3) The Chief inspector and all inspectors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **5. Powers of the inspectors.--(1) Subject to such conditions and restrictions as the State** Government may by general or special order impose, the chief inspector or an inspector may- (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed in the case of any motor transport undertaking, and for that purpose require the driver of a transport vehicle to cause the transport vehicle to stop and remain stationary so long as may reasonably be necessary; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he has reason to believe is under use or occupation of any motor transport undertaking at any reasonable time for the purpose of carrying out the objects of the Act; (c) examine any motor transport worker employed in a motor transport undertaking or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copy of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; (e) exercise such other powers as may be prescribed; Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (2) The provisions of the Code of criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. **6. Facilities to be afforded to inspectors.--Every employer shall afford the chief inspector and an** inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act. ----- **7. Certifying surgeons.--(1) The State Government may appoint qualified medical practitioners to** be certifying surgeons for the purposes of this act within such local limits or for such motor transport undertakings or class of motor transport undertakings as it may assign to them respectively. (2) The certifying surgeon shall perform such duties as may be prescribed in connection with- (a) the examination and certification of motor transport workers; (b) the exercise of such medical supervision as may be prescribed where adolescents are, or are to be, employed as motor transport workers in any work in any motor transport undertaking which is likely to cause injury to their health. _CHAPTER IV_ **WELFARE AND HEALTH** **8. Canteens. --(1) The State Government may make rules requiring that in every place wherein one** hundred motor transport workers or more employed in a motor transport undertaking ordinarily call on duty during every day, one or more canteens shall be provided and maintained by the employer for the use of the motor transport workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the date by which the canteens shall be provided; (b) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; (c) the foodstuffs which may be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for a canteen and the representation of the motor transport workers in the management of the canteen. (3) The State Government may, subject to such conditions as it may impose, delegate to the chief inspector the power to make rules with reference to clause (c) sub-section (2). **9 Rest rooms- (1) In every place wherein motor transport workers employed in a motor transport** undertaking are required to halt at night, there shall be provided and maintained the employer for the use of those motor transport workers such number of rest rooms or such other suitable alternative accommodation, as may be prescribed. (2) The rest rooms or the alternative accommodation to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition. (3) The State Government may prescribe the standards in respect of construction, accommodation, furniture and other equipment of rest rooms or the alternative accommodation to be provided under this section. **10. Uniforms- (1)** The State Government may, by notification in the Official Gazette, make rules requiring an employer of a motor transport undertaking to provide for the drivers, conductors and line checking staff employed in that undertaking such number and type of uniforms, raincoats or other like amenities for their protection from rain or cold as may be specified in the rules. (2) There shall be paid to the drivers, conductors and line checking staff by the employer an allowance for washing of uniforms provided under sub-section (1) at such rates as may be prescribed; Provided that no such allowance shall be payable by an employer who has made at his own cost adequate arrangements for the washing of uniforms. **11. Medical facilities- There shall be provided and maintained by the employer so as to be readily** available such medical facilities for the motor transport workers at such operating centers and halting stations as may be prescribed by the State government. ----- **12. First-aid facilities-** (1) There shall be provided and maintained by the employer so as to be readily accessible during all working hours a first –aid box equipped with the prescribed contents in every transport vehicle. (2) Nothing except the prescribed contents shall be kept in a first- aid box. (3) The first-aid box shall be kept in the charge of the driver or the conductor of the transport vehicle who shall be provided facilities for training in the use thereof. _CHAPTER V_ **HOURS AND LIMITATION OF EMPLOTMENY** **13. Hours of work for adult motor transport workers--No adult motor transport worker shall be** required or allowed to work for more than eight hours in any day and forty-eight hours in any week: Provided that where any such motor transport worker is engaged in the running of any motor transport service on such long distance routes, or on such festive and other occasions as may be notified in the prescribed manner by the prescribed authority, the employer may, with the approval of such authority, require or allow such motor transport worker to work for more than eight hours in any day or forty-eight hours in any week but in no case for more than ten hours in a day and fifty-four in hours in a week, as the case may be : Provided further that in the case of a breakdown or dislocation of a motor transport service or interruption of traffic or act of God, the employer may, subject to such conditions and limitations as may be prescribed, require or allow any such motor transport worker to work for more than eight hours in any day or more than forty-eight hours in any week. **14. Hours of work for adolescents employed as motor transport workers.--No adolescent shall be** employed or required to work as a motor transport worker in any motor transport undertaking- (a) for more than six hours a day including rest interval of half-an-hour; (b) between the hours of 10 P.M. and 6 A.M. **15. Daily intervals for rest.--(1) The hours of work in relation to adult motor transport workers on** each day shall be so fixed that no period of work shall exceed five hours and that no such motor transport worker shall work for more than five hours before he has had on interval for rest for at least half-an-hour; Provided that the provisions of this sub-section in so far as they relate to interval for rest shall not apply to a motor transport worker who is not required to work for more than six hours on that day. (2) The hours of work on each day shall be so fixed that a motor transport worker is, except in any case referred to in the second provision to section 13, allowed a period of rest of at least nine consecutive hours between the termination of duty on any one day and the commencement of duty on the next following day. **16. Spread-over.--(1) The hours of work of an adult motor transport worker shall, except in any case** referred to in the second provision to section 13 be so arranged that inclusive of interval for rest under section 15, they shall not spread-over more than twelve hours in any day. (2) The hours of work of an adolescent motor transport worker shall be so arranged that inclusive of interval for rest under section 14, they shall not spread-over more than nine hours in any day. **17. Split duty.--Subject to the other provisions contained in this Act, the hours of work of a motor** transport worker shall not be split into more than two spells on any day. **18. Notice of hours of work.--(1) There shall be displayed and correctly maintained by every** employer a notice of hours of work in such form and manner as may be prescribed showing clearly for every day the hours during which motor transport workers may be required to work. (2) Subject to the other provisions contained in this Act, no such motor transport worker shall be required or allowed to work otherwise than in accordance with the notice of hours of work so displayed. ----- **19. Weekly rest.--(1) The State Government may, by notification in the Official Gazette, make rules** providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers. (2) Not with standing anything contained in sub-section (1), an employer may, in order to prevent any dislocation of a motor transport service, require a motor transport worker to work on any day of rest which is not a holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a holiday for a whole day intervening. (3) Nothing contained in sub-section (1) shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six day. **20. Compensatory day of rest. -- Where, as a result of any exemption granted to an employer under** the provisions of this Act from the operation of section 19, a motor transport worker is deprived of any of the days of rest to which he is entitled under that section, the motor transport worker shall be allowed within the month in which the days of rest are due to him or within two months immediately following that month, compensatory days of rest of equal number to the days of rest so lost. _CHAPTER VI_ **EMPLOYMENT OF YOUNG PERSONS** **21. Prohibition of employment of children.--No child shall be required or allowed to work in any** capacity in any motor transport undertaking. **22. Adolescents employed as motor transport workers to carry tokens.--No adolescent shall be** required or allowed to work as a motor transport worker in any motor transport undertaking unless- (a) a certificate of fitness granted with reference to him under section 23 is in the custody of the employer; and (b) such adolescent carries with him while he is at work a token giving a reference to such certificate. **23. Certificate of fitness.--(1) A certifying surgeon shall, on the application of any adolescent or his** parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed as a motor transport worker in a motor transport undertaking if certified to be fit for that work, or on the application of the employer or any other person on his behalf with reference to any adolescent intending to work, examine such person and ascertain his fitness for work as a motor transport worker. (2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the adolescent, his parent or guardian. **24. Power to require medical examination.--Where an inspector is of opinion that a motor transport** worker working in any motor transport undertaking without a certificate of fitness is an adolescent, the inspector may serve on the employer a notice requiring that such adolescent motor transport worker shall be examined by a certifying surgeon and such adolescent motor transport worker shall not, if the inspector so directs, be employed or permitted to work in any motor transport undertaking until he has been so examine and has been granted a certificate of fitness under section 23. _CHAPTER VII_ **WAGES AND LEAVE** **25. Act 4 of 1936 to apply to payment of wages to motor transport workers.--The payment of** Wages Act, 1936, as in force for the time being, shall apply to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as if the said Act had been extended to the payment of wages of such motor transport workers by a notification of the State Government under sub-section (5) of section I thereof, and as if a motor transport undertaking were and industrial establishment within the meaning of the said Act. ----- **26. Extra wages for overtime.--(1) Where an adult motor transport worker works for more than eight** hours in any day in any case referred to in the first provision to section 13 or where he is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be. (2) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed. (3) Where an adolescent motor transport worker is required to work on any day of rest under subsection (2) of sub-section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the work done on the day of rest. (4) For the purposes of this section, “ordinary rate of wages” in relation to a motor transport worker means his basic wages plus dearness allowance. **27. Annual leave with wages.--(1) Without prejudice to such holidays as may be** prescribed, every motor transport worker who has worked for a period of two hundred and forty days or more in a motor transport undertaking during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of (a) if an adult, one day for every twenty days of work performed by him during the previous calendar year; and (b) if an adolescent, one day for every fifteen days of work performed by him during the previous calendar year. (2) A motor transport worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (a) or, as the case may be, clause (b) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. (3) If a motor transport worker is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages at the rate laid down in sub-section (1), even if he has not worked for the entire period specified in sub-section (1) or sub-section (2), entitling him to earned leave. (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted. (5) If a motor transport worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of an adolescent. (6) In this section “calendar year” means the year commencing on the first day of January. _Explanation.--For the purposes of this section, leave shall not include weekly holidays or holidays for_ festival or other similar occasions whether occurring during or at either end of the period of leave. **28. Wages during leave period.--(1) For the leave allowed to a motor transport worker under section** 27, he shall be paid at the rate equal to the daily average of his total full time wages for the days on which he worked during the moth immediately preceding his leave, exclusive of any overtime earnings and bonus, if any, but inclusive of dearness allowance and the cash equivalent of the advantage, if any, accruing by the concessional supply by the employer of food grains for the day on which he worked. (2) A motor transport worker who has been allowed leave for not less than four days under section 27 shall, on an application made by him in this behalf to the employer, be paid in advance, before his leave begins, an approximate amount equivalent to the wages payable to him for the period of his leave and any amount so paid shall be adjusted against the wages due to him for the aforesaid period of leave. (3) If a motor transport worker is not granted leave to which he is entitled under sub-section (3) of section 27, he shall be paid wages in lieu thereof at the rate specified in sub-section (1). ----- _CHAPTER VIII_ **PENALTIES AND PROCEDURE.** **29. Obstructions.--(1) Whoever obstructs an inspector in the discharge of his duties under this Act or** refuses or wilfully neglects to affords the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any motor transport undertaking shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of a inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **30. Use of false certificate of fitness.--Whoever knowingly uses or attempts to use as a certificate of** fitness granted to himself under section 23 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. **31. Contravention of provisions regarding employment of motor transport workers.--Whoever,** except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made there under, prohibiting, restricting or regulating the employment of persons in a motor transport undertaking, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to seventy-five rupees for every day during which such contravention continues after conviction for the first such contravention. **32. Other offences.--Whoever willfully disobeys any direction lawfully given by any person or** authority empowered under this Act to give such direction or contravenes any of the provisions of this Act or of any rules made there under for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **33. Enhanced penalty after previous conviction.--If any person who has been convicted of any** offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. **34. Offences by companies.--(1) If the person committing an offence under this Act is a company,** the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.--For the purposes of this section,--_ (a) “company” means any body corporate and includes a firm or other association of individuals; and ----- (b) “director”, in relation to a firm, means a partner in the firm. **35. Cognizance of offences.--No court shall take cognizance of an offence punishable under this Act** unless the complaint made by, or with previous sanction in writing of, the inspector and no court inferior to that of a Presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act. **36. Limitation of prosecutions.--No court shall take cognizance of an offence punishable under this** Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector; Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. _CHAPTER IX_ **MISCELLANEOUS** **37. Effect of laws and agreements inconsistent with this Act.--(1) The provisions of this Act shall** have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act. Provided that where under any such award, agreement, contract of service of otherwise a motor transport worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the motor transport worker shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed as precluding any motor transport worker from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. **38. Exemptions.--(1) Nothing contained in this Act shall apply to or in relation to any transport** vehicle- (i) used for the transport of sick or injured persons; (ii) used for any purpose connected with the security of India, or the security of a State, or the maintenance of public order. (2) Without prejudice to the provisions of sub-section (1), the State Government may, by notification in the Official Gazette, direct that subject to such conditions and restrictions, if any, as may be specified in the notification, the provisions of this Act or the rules made there under shall not apply to- (i) any motor transport workers who, in the opinion of the State Government, hold positions of supervision or management in any motor transport undertaking, (ii) any part-time motor transport worker, and (iii) any class of employers: Provided that before issuing any order under this sub-section, the State Government shall send a copy thereof to the Central Government. **39. Powers to give directions.--The Central Government may give directions to the Government of** any State as to the carrying into execution in the State of the provisions contained in this Act. **40. Power to make rules.--(1) The State Government may, subject to the condition of previous** publication [1][by notification in the Official Gazette] make rules to carry out the purposes of this Act: Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was publish. (2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for - (a) the form of application for the registration of a motor transport undertaking, the time within which and the authority to which such application may be made; ----- (b) the grant of certificate of registration in respect of a motor transport undertaking and the fees payable for such registration; (c) the qualifications required in respect of the chief inspector and inspector; (d) the powers which may be exercised by inspectors and the manner in which such powers may be exercised; (e) the medical supervision which may be exercised certifying surgeons; (f) appeals, from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred; (g) the time within which facilities required by this Act to be provided and maintained may be so provided; (h) the medical facilities that should be provided for motor transport workers; (i) the type of equipment that should be provided in the first-aid boxes; (j) the manner in which long distance routes, festive and other occasions shall be notified by the prescribed authority; (k) the conditions and limitations subject to which any motor transport worker may be required or allowed to work for more than eight hours in any day or more than forty-eight hours in any week in any case referred to in the second proviso to section 13; (l) the form and manner in which notices of period of work shall be displayed and maintained; (m) the rates of extra wages in respect of the overtime work done by a motor transport worker in any case referred to in the second proviso to section 13; (n) the registers which should be maintained by employers and the return, whether occasional or periodical,as in the opinion of the State Government may be required for the purposes of this Act ; and (o) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made by the State Government under this Act, shall be laid, as soon as it made, before the State Legislature.] 4 .Ins. by Act 4 of 1986, sec. 2 and Sch. -----

5-Sep-1970

37

The contract labour (regulation and abolition) act, 1970

https://www.indiacode.nic.in/bitstream/123456789/18997/1/contract_labour_regulation_and_abolitiion_act_1970.pdf

Andaman and Nicobar Islands

# THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS 3. Central Advisory Board. 4. State Advisory Board. 5. Power to constitute committees. CHAPTER III REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR 6. Appointment of registering officers. 7. Registration of certain establishments. 8. Revocation of registration in certain cases. 9. Effect of non-registration. 10. Prohibition of employment of contract labour. CHAPTER IV LICENSING OF CONTRACTORS 11. Appointment of licensing officers. 12. Licensing of contractors. 13. Grant of licences. 14. Revocation, suspension and amendment of licences. 15. Appeal. CHAPTER V WELFARE AND HEALTH OF CONTRACT LABOUR 16. Canteens. 17. Rest-rooms. 18. Other facilities. 19. First-aid facilities. 20. Liability of principal employer in certain cases. 21. Responsibility for payment of wages. 1 ----- CHAPTER VI PENALTIES AND PROCEDURE SECTIONS 22. Obstructions. 23. Contravention of provisions regarding employment of contract labour. 24. Other offences. 25. Offences by companies. 26. Cognizance of offences. 27. Limitation of prosecutions. CHAPTER VII MISCELLANEOUS 28. Inspecting staff. 29. Registers and other records to be maintained. 30. Effect of laws and agreements inconsistent with this Act. 31. Power to exempt in special cases. 32. Protection of action taken under this Act. 33. Power to give directions. 34. Power to remove difficulties. 35. Power to make rules. 2 ----- # THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 ACT NO. 37 OF 1970 [5th September, 1970.] # An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Contract** Labour (Regulation and Abolition) Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (4) It applies— (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with Central Board or, as the case may be, a State Board, and its decision shall be final. _Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be_ deemed to be of an intermittent nature— (i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** 2[(a) “appropriate Government” means,— (i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central Government; (ii) in relation to any other establishment, the Government of the State in which that other establishment is situate;] 1. 10th February, 1971, vide notification No. G.S.R. 190, dated 1st February, 1971, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Subs. by Act 14 of 1986, s. 2, for clause (a) (w.e.f. 28-1-1986). 3 ----- (b) a workman shall be deemed to be employed as “contract labour” in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer; (c) “contractor”, in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods of articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; (e) “establishment” means— (i) any office or department of the Government or a local authority, or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (f) “prescribed” means prescribed by rules made under this Act; (g) “principal employer” means— (i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment. _Explanation.—For the purpose of sub-clause (iii) of this clause, the expressions “mine”, “owner” and_ “agent” shall have the meanings respectively assigned to them in clause (j), clause (l) and clause (c) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); (h) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936); (i) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person— (A) who is employed mainly in a managerial or administrative capacity; or (B) who, being employed in a superviory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or (C) who is an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer. (2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. 4 ----- CHAPTER II THE ADVISORY BOARDS **3. Central Advisory Board.—(1) The Central Government shall, as soon as may be, constitute a** board to be called the Central Advisory Contract Labour Board (hereinafter referred to as the Central Board) to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act. (2) The Central Board shall consist of— (a) a Chairman to be appointed by the Central Government; (b) the Chief Labour Commissioner (Central), ex officio; (c) such number of members, not exceeding seventeen but not less than eleven, as the Central Government may nominate to represent that Government, the Railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Board. (3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Board shall be such as may be prescribed: Provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. **4. State Advisory Board.—(1) The State Government may constitute a board to be called the State** Advisory Contract Labour Board (hereinafter referred to as the State Board) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act. (2) The State Board shall consist of— (a) a Chairman to be appointed by the State Government; (b) the Labour Commissioner, _ex officio, or in his absence any other officer nominated by the_ State Government in that behalf; (c) such number of members, not exceeding eleven but not less than nine, as the State Government may nominate to represent that Government, the industry, the contractors, the workmen and any other interests which, in the opinion of the State Government, ought to be represented on the State Board. (3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the, members of the State Board shall be such as may be prescribed: Provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors. **5. Power to constitute committees.—(1) The Central Board or the State Board, as the case may be,** may constitute such committees and for such purpose or purposes as it may think fit. (2) The committee constituted under sub-section (1) shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (3) The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed: Provided that no fees shall be payable to a member who is an officer of Government or of any corporation established by any law for the time being in force. 5 ----- CHAPTER III REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR **6. Appointment of registering officers.—The appropriate Government may, by an order notified in** the Official Gazette— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter; and (b) define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act. **7. Registration of certain establishments.—(1) Every principal employer of an establishment to** which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment: Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed. **8. Revocation of registration in certain cases.—If the registering officer is satisfied, either on a** reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke the registration. **9. Effect of non-registration.—No principal employer of an establishment, to which this Act** applies, shall— (a) in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section, (b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period referred to in clause (a) or after the revocation of registration referred to in clause (b), as the case may be. **10. Prohibition of employment of contract labour.—(1) Notwithstanding anything contained in** this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. (2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as— (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment; (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment; (c) whether it is done ordinarily through, regular workmen in that establishment or an establishment similar thereto; 6 ----- (d) whether it is sufficient to employ considerable number of whole time workmen. _Explanation.—If a question arises whether any process or operation or other work is of perennial_ nature, the decision of the appropriate Government thereon shall be final. CHAPTER IV LICENSING OF CONTRACTORS **11. Appointment of licensing officers.—The appropriate Government may, by an order notified in** the Official Gazette,— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be licensing officers for the purposes of this Chapter; and (b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act. **12. Licensing of contractors.—(1) With effect from such date as the appropriate Government may,** by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed. **13. Grant of licences.—(1) Every application for the grant of a licence under sub-section (1) of** section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed. (2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed. (3) A licence granted under this Chapter shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. **14. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,** either on a reference made to him in this behalf or otherwise, that— (a) a licence granted under section 12 has been obtained by misrepresentation or suppression of any material fact, or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence has been granted. (2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 12. **15. Appeal.—(1) Any person aggrieved by an order made under section 7, section 8, section 12 or** section 14 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate Government: 7 ----- Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. CHAPTER V WELFARE AND HEALTH OF CONTRACT LABOUR **16. Canteens.—(1) The appropriate Government may make rules requiring that in every** establishment— (a) to which this Act applies, (b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and (c) wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which the canteens shall be provided; (b) the number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; and (c) the foodstuffs which may be served therein and the charges which may be made therefor. **17. Rest-rooms.—(1) In every place wherein contract labour is required to halt at night in connection** with the work of an establishment— (a) to which this Act applies, and (b) in which work requiring employment of contract labour is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of the contract labour such number of rest-rooms or such other suitable alternative accommodation within such time as may be prescribed. (2) The rest-rooms or the alternative accommodation to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition. **18. Other facilities.—It shall be the duty of every contractor employing contract labour in connection** with the work of an establishment to which this Act applies, to provide and maintain— (a) a sufficient supply of wholesome drinking water for the contract labour at convenient places; (b) a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labour in the establishment; and (c) washing facilities. **19. First-aid facilities.—There shall be provided and maintained by the contractor so as to be readily** accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labour is employed by him. **20. Liability of principal employer in certain cases.—(1) If any amenity required to be provided** under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed. 8 ----- (2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. **21. Responsibility for payment of wages.—(1) A contractor shall be responsible for payment of** wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. CHAPTER VI PENALTIES AND PROCEDURE **22. Obstructions.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act** or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **23. Contravention of provisions regarding employment of contract labour.—Whoever** contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. **24. Other offences.—If any person contravenes any of the provisions of this Act or of any rules made** thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **25. Offences by companies.—(1) If the person committing an offence under this Act is a company,** the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 9 ----- (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **26. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this Act. **27. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this** Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. CHAPTER VII MISCELLANEOUS **28. Inspecting staff.—(1) The appropriate Government may, by notification in the Official Gazette,** appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed— (a) enter, at all reasonable hours, with such assistance (if any), being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where contract labour is employed, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a workman employed therein; (c) require any person giving out work and any workman, to give any information, which is in his power to give with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; (d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the principal employer or contractor; and (e) exercise such other powers as may be prescribed. (3) Any person required to produce any document or thing or to give any information required by an inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (4) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. 10 ----- **29. Registers and other records to be maintained.—(1) Every principal employer and every** contractor shall maintain such registers and records giving such particulars of contract labour employed, the nature of work performed by the contract labour, the rates of wages paid to the contract labour and such other particulars in such form as may be prescribed. (2) Every principal employer and every contractor shall keep exhibited in such manner as may be prescribed within the premises of the establishment where the contract labour is employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed. **30. Effect of laws and agreements inconsistent with this Act.—(1) The provisions of this Act shall** have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this Act: Provided that where under any such agreement, contract of service or standing orders the contract labour employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this Act, the contract labour shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this Act. **31. Power to exempt in special cases.—The appropriate Government may, in the case of an** emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors. **32. Protection of action taken under this Act.—(1) No suit, prosecution or other legal proceedings** shall lie against any registering officer, licensing officer or any other Government servant or against any member of the Central Board or the State Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. **33. Power to give directions.—The Central Government may give directions to the Government of** any State as to the carrying into execution in the State of the provisions contained in this Act. **34. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. **35. Power to make rules.—(1) The appropriate Government may, subject to the condition of** previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number of persons to be appointed as members representing various interests on the Central Board and the State Board, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies; (b) the times and places of the meetings of any committee constituted under this Act, the procedure to be followed at such meetings including the quorum necessary for the transaction of business, and the fees and allowances that may be paid to the members of a committee; 11 ----- (c) the manner in which establishments may be registered under section 7, the levy of a fee therefor and the form of certificate of registration; (d) the form of application for the grant or renewal of a licence under section 13 and the particulars it may contain; (e) the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence; (f) the form of a licence which may be granted or renewed under section 12 and the conditions subject to which the licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any sum as security for the performance of such conditions; (g) the circumstances under which licences may be varied or amended under section 14; (h) the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals; (i) the time within which facilities required by this Act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer; (j) the number and types of canteens, rest-rooms, latrines and urinals that should be provided and maintained; (k) the type of equipment that should be provided in the first-aid boxes; (l) the period within which wages payable to contract labour should be paid by the contractor under sub-section (1) of section 21; (m) the form of registers and records to be maintained by principal employers and contractors; (n) the submission of returns, forms in which, and the authorities to which, such returns may be submitted; (o) the collection of any information or statistics in relation to contract labour; and (p) any other matter which has to be, or may be, prescribed under this Act. (3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1[(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 12 -----

12-Dec-1961

53

The maternity benefit act, 1961

https://www.indiacode.nic.in/bitstream/123456789/19024/1/the_maternity_benefit_act_1961.pdf

Andaman and Nicobar Islands

**MATERNITY BENEFIT ACT, 1961** **(No. 53 of 1961)[1]** **[12[th]. December, 1961]** **_An Act to regulate the employment of women in certain establishment for certain_** **_period before and after child-birth and to provide for maternity benefit and certain_** **_other benefits._** Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: **_1. Short title, extend and commencement. -- (1) This Act may be called the Maternity_** Benefit Act, 1961. (2) It extends to the whole of India [2][* * *] (3) It shall come into force on such date as may be notified in this behalf in the Official _Gazette, --_ 3[(a) in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the Central Government, and] (b) in relation to other establishments in s State, by the State Government. NOTES. – This Act came into force in relation to mines in the territories to which it extends on the 1[st]. November 1963 – _Vide_ S.O. No. 2920, dated 5[th]. October, 1963, published in the Gazette of India, Part II, Sec. 3 (ii), dated 12[th]. October, 1963. This Act came into force in the whole of Uttar Pradesh with effect from 22[nd]. February 1974, vide notification No. 512 (V)-2/36-5-13 (V) 72, dated 22[nd]. February 1974. **_2. Application of Act. -- (1) It applies in the first instance, to every establishment being a_** factory, mine or plantation [4][including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances]: Provided that the State Government may, with the approval of the Central Government, after giving not less than two months’ notice of its intention of so doing, by notification 1 Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India, Extraordinary, dated 13[th]. December 1961. For Statement of Objects and Reasons see Gazette of India, Extraordinary, Part II, dated 6[th]. December 1960. 2 Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch. 3 Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975. 4 Subs. by Aci 52 of 1973, S.3. ----- In the official on In the official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. (2) [5][Save as otherwise provided in [6][sections 5A and 5B] nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being. **_3. Definitions. -- In this Act, unless the context otherwise requires, --_** (a) “appropriate Government” means in relation to an establishment being a mine [7][or an establishment where persons are employed for the exhibition of equestrian, acrobatic and other performances], the Central Government and in relation to any other establishment, the State Government; (b) “child” includes a still-born child; (c) “delivery” means the birth of a child; (d) “employer” means – (i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (ii) in relation to an establishment which is under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iii) in any other case, the person who are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person; [[8](e) “establishment” means – (i) a factory; (ii) a mine; (iii) a plantation; (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatics and other performances; or 5 Subs. by Aci 21 of 1972, S.2. 6 Subs. by Act 53 of 1976, sec. 2, for “section 5A”. Act 53 of 1976 came into force w.e.f. 1-5-1976 – Vide notification No. S.O. 337 (E), dated 30-4-1976. 7 Added by Act 52 of 1973, S. 4. 8 Subs. by Act 52 of 1973, S. 4. ----- (v) an establishment to which the provisions of this Act have been declared under sub-section (4) of section 2 to be applicable;] (f) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (g) “Inspector” means an Inspector appointed under section 14; (h) “maternity benefit” means the payment refereed to in sub-section (1) of section 5; (i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952) (j) “miscarriage” means expulsion of the contents of a pregnant uterus at ay period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage the causing of which ins punishable under the Indian Penal Code (45 of 1860); (k) “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (l) “prescribed” means prescribed by rules made under this Act; (m) “State Government” in relation to a Union territory, means the Administrator thereof; (n) “wages” means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes – (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to; (2) incentive bonus; and (3) the money value of the concessional supply of foodgrains and other articles, but does not include – (i) any bonus other than incentive bonus; (ii) overtime earnings and any deduction or payment made on account of fines; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and (iv) any gratuity payable on the termination of service; (o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment. NOTES. – Sec 3 (f). – A factory does not include a mine subject to the operation of the Mines Act, 152, or a railway running-shed. Sec. 3 (j) – The definition of miscarriage is similar to the definition as given in Sec. 2 (14-B) of the Employees’ State Insurance Act, 1948. ----- **_4. Employment of, or work by, women prohibited during certain period. --_** (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage. (3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. (4) The period referred to in sub-section (3) shall be – (a) at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6. **_5. Right to payment of maternity benefit. --_** (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. **_Explanation. –_** For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher. (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. _Explanation: - For the purpose of calculating under this sub-section the days on_ which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account. ----- (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day: Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided further that where a woman, having been delivered of a child dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child. NOTES. – The term “week” means a cycle of seven days including Sundays; _B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12._ 9[5-A. Continuance of payment of maternity benefit in certain cases. -- Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under Sec. 50 of that Act.] **_10[5-B. Payment of maternity benefit in certain cases. -- Every woman –_** (a) who is employed in a factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply; (b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (a) of section 2 of that Act; and (c) who fulfils the conditions specified in sub-section (2) of section 5, shall be entitled to the payment of maternity benefit under this Act]. **_6. Notice of claim for maternity benefit and payment thereof. --_** (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. 9 Ins. By Act 21 of 1972, S. 3. 10 Ins. By Act 53 of 1976, S. 3. ----- (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery. (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child. (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. NOTES. – See also Sec. 50 of the Employees’ State Insurance Act, 1948, for conditions under which a woman becomes qualified to claim maternity benefit under this Act. **_7. Payment or maternity benefit in case of death of a woman. -- If a woman entitled to_** maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. **_8. Payment of medical bonus. --_** Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. **_9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such_** proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage. **_10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or_** **_miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature_** birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. **_11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such_** delivery shall, in addition to the interval for rest allowed to her, be allowed in the course ----- of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. **_12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from_** work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. (2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1). **_13. No deduction of wages in certain cases. -- No deduction from the normal and usual_** daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of – (a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the provisions of section 11. **_14. Appointment of Inspectors. –_** The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act. **_15. Powers and duties of Inspectors. -- An Inspector may, subject to such restrictions or_** conditions as may be prescribed, exercise all or any of the following powers, namely: (a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an ----- establishment, for the purposes or examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself: (c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received form them under this Act; and (d) take copies of any registers and records or notices or any portions thereof. **_16. Inspectors to be public servants. -- Every Inspector appointed under this Act shall be_** deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **_17. Power of Inspector to direct payments to be made. -- (1) Any woman claiming that_** maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld, may make a complaint to the inspector. (2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders. (3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final. (5) Any amount payable under these sections shall be recoverable as an arrear of lane revenue. **_18. Forfeiture of maternity benefit. -- If a woman works in any establishment after she_** has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period. **_19. Abstracts of Act and rules thereunder to be exhibited. --_** An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the ----- locality shall be exhibited I a conspicuous place by the employer in every part of the establishment in which women are employed. **_20. Registers, etc._** – Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. **_21. Penalty for contravention of Act by employers. -- If any employer contravenes the_** provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto. **_22. Penalty for obstructing Inspector. --_** Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made thereunder or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which ma extend to three months, or with fine which may extend to five hundred rupees or with both. **_23. Cognizance of offences. -- (1) No prosecution for an offence punishable under this_** Act or any rule made thereunder shall be instituted after the expiry of one year from the date on which the offence is alleged to have been committed and no such prosecution shall be instituted except by, or with the previous sanction of, the Inspector; Provided that in computing the period of one year aforesaid, the time, if any, taken for the purpose of obtaining such previous sanction shall be excluded. (2) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence. NOTES. – Sections 21 to 23 deal with penalties under the Act and procedure to try offences committed under this Act. **_24. Protection of action taken in good faith. --_** No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder. **_25. Power of Central Government to give directions. --_** The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions. **_26. Power to exempt establishments. --_** If the appropriate Government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefit which are not less favourable than those provided in this Act, it is necessary so to ----- do, it may, by notification in the Official Gazette, exempt subject to such conditions and restrictions, if any, as may be specified in the notifications, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder. **_27. Effect of laws and agreements inconsistent with this Act. --_** (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be entitled under this Act. **_28. Power to make rules. --_** (1) The appropriate Government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for – (a) the preparation and maintenance of registers, records and muster rolls; (b) the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act; (c) the method of payment of maternity benefit and other benefits under this Act in so far as provision has not been made therefore in this Act; (d) the form of notices under section 6: (e) the nature of proof required under the provisions of this Act; (f) the duration of nursing breaks referred to in section 11; (g) acts which may constitute gross misconduct for purposes of section 12; (h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie, the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof; (i) the authority to which an appeal shall lie against the decision of the Inspector under section 17; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof; ----- (j) the form and manner in which complaints be made to Inspectors under subsection (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section; (k) any other matter which is to be, or may be, prescribed. (3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session [11][or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session, aforesaid,] both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **_29. Amendment of Act 69 of 1951. -- In section 32 of Plantation Labour Act, 1951, --_** (a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of sickness,” the word “and” after the words “sickness allowance”, and clause (b) shall be omitted. (b) In sub-section (2), the words “or maternity” shall be omitted. **_30. Repeal. -- On the application of this Act. –_** (i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and Maternity Benefit Act, 1929 (Bom. Act VII of 1929), as in force in that territory, shall stand repealed. 11 Subs. by Act 52 of 1973, S. 5. -----

18-Dec-1908

16

The regiatrstion act, 1908

https://www.indiacode.nic.in/bitstream/123456789/19013/1/the_registration_act%2c_1908.pdf

Andaman and Nicobar Islands

# THE REGISTRATION ACT, 1908 ___________ ARRANGEMENT OF SECTIONS ___________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. PART II OF THE REGISTRATION-ESTABLISHMENT 3. Inspector-General of Registration. 4. [Repealed.]. 5. Districts and sub-districts. 6. Registrars and Sub-Registrars. 7. Offices of Registrar and Sub-Registrar. 8. Inspectors of Registration offices. 9. [Repealed.]. 10. Absence of Registrar or vacancy in his office. 11. Absence of Registrar on duty in his district. 12. Absence of Sub-Registrar or vacancy in his office. 13. Report to State Government of appointments under sections 10, 11 and 12. 14. Establishments of registering officers. 15. Seal of registering officers. 16. Register-books and fire-proof boxes. 16A. Keeping of books in computer floppies, diskettes, etc. PART III OR REGISTRABEL DOCUMENTS 17. Documents of which registration is compulsory. 18. Documents of which registration is optional. 19. Documents in language not understood by registering officer. 20. Documents containing interlineations, blanks, erasures or alterations. 21. Description of property and maps or plans. 22. Description of houses and land by reference to Government maps or surveys. PART IV OF THE TIME OF PRESENTATION 23. Time for presenting documents. 23A. Re-registration of certain documents. 24. Documents executed by several persons at different times. 25. Provision where delay in presentation is unavoidable. 26. Documents executed out of India. 27. Wills may be presented or deposited at any time. PART V OF THE PLACE OF REGISTRATION 28. Place for registering documents relating to land. 29. Place for registering other documents. 1 ----- SECTIONS 30. Registration by Registrars in certain cases. 31. Registration or acceptance for deposit at private residence. PART IV OF PRESENTING DOCUMENTS FOR REGISTRATION 32. Persons to present documents for registration. 32A. Compulsory affixing of photograph, etc. 33. Power-of-attorney recognisable for purposes of section 32 34. Enquiry before registration by registering officer. 35. Procedure on admission and denial of execution respectively. PART VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES 36. Procedure where appearance of executant or witness is desired. 37. Officer or Court to issue and cause service of summons. 38. Persons exempt from appearance at registration-office. 39. Law as to summonses, commissions and witnesses. PART VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT 40. Persons entitled to present wills and authorities to adopt. 41. Registration of wills and authorities to adopt. PART IX OF THE DEPOSIT OF WILLS 42. Deposit of wills. 43. Procedure on deposit of wills. 44. Withdrawal of sealed cover deposited under section 42. 45. Proceedings on death of depositor. 46. Saving of certain enactments and powers of Courts. PART X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION 47. Time from which registered document operates. 48. Registered documents relating to property when to take effect against oral agreements. 49. Effect of non-registration of documents required to be registered. 50. Certain registered documents relating to land to take effect against unregistered documents. PART XI OF THE DUITES AND POWERS OF REGISTERING OFFICERS (A) As to the Register-books and Indexes 51. Register-books to be kept in the several offices. 52. Duties of registering officers when document presented. 53. Entries to be numbered consecutively. 54. Current indexes and entries therein. 55. Indexes to be made by registering officers, and their contents. 56. [Repealed.]. (B) As to the procedure on admitting to registration 57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries. 58. Particulars to be endorsed on documents admitted to registration. 59. Endorsements to be dated and signed by registering officer. 60. Certificate of registration 61. Endorsements and certificate to be copied and document returned. 62. Procedure on presenting document in language unknown to registering officer. 2 ----- SECTIONS 63. Power to administer oaths and record of substance of statements. (C) Special duties of Sub-Registrar 64. Procedure where document relates to land in several sub-districts. 65. Procedure where document relates to land in several districts. (D) Special duties of Registrar 66. Procedure after registration of documents relating to land. 67. [Omitted.]. (E) Of the Controlling powers of Registrar and Inspector-General 68. Power of Registrar to superintend and control Sub-Registrars. 69. Power of Inspector-General to superintend registration offices and make rules. 70. Power of Inspector-General to remit fines. PART XII OF REFUSAL TO REGISTER 71. Reasons for refusal to register to be recorded. 72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution. 73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution. 74. Procedure of Registrar on such application. 75. Order by Registrar to register and procedure thereon. 76. Order of refusal by Registrar. 77. Suit in case of order of refusal by Registrar. PART XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 78. Fees to be fixed by State Government. 79. Publication of fees. 80. Fees payable on presentation. PART XIV OF PENALTIES 81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure. 82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment. 83. Registering officers may commence prosecutions. 84. Registering officers to be deemed public servants. PART XV MISCELLANEOUS 85. Destruction of unclaimed documents. 86. Registering officer not liable for thing bona fide done or refused in his official capacity. 87. Nothing so done invalidated by defect in appointment or procedure. 88. 88. Registration of documents executed by Government officers or certain public functionaries. 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed. _Exemption from Act_ 90. Exemption of certain documents executed by or in favour of Government. 91. Inspection and copies of such documents. 92. [Repealed.]. 93. [Repealed.]. _THE SCHEDULE. [REPEALED.] ._ 3 ----- # THE REGISTRATION ACT, 1908 ACT NO. 16 OF 1908[1] [18th December, 1908.] # An Act to consolidate the enactments relating to the Registration of Documents. WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; it is hereby enacted as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the** [2]*** Registration Act, 1908. 3[(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that the State Government may exclude any districts or tracts of country from its operation.] (3) It shall come into force on the first day of January, 1909. **2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—** (1) “Addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of [4][an Indian], [5]*** his father's name, or where he is usually described as the son of his mother, then his mother's name; (2) “Book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book; (3) “District” and “sub-district” respectively mean a district and sub-district formed under this Act; (4) “District Court” includes the High Court in its ordinary original civil jurisdiction; (5) “Endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act; (6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass; 6[(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;] (7) “Lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease; 1. It has been amended in its application to West Bengal by Ben. Act 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of 1951; to Maharashtra by Bombay Acts 5 of 1929, 17 of 1930, 18 of 1933, 24 of 1939, 10 of 1939, 10 of 1942 and 6 of 1960, Maharashtra Acts 19 of 1960 and 20 of 1971; to the C.P. Act 1 of 1937 and M.P. Act 8 of 1965; to Madras and Andhra by Madras Acts 3 of 1935 and 17 of `952; to Orissa by Orissa Act 3 of 1933; to the Punjab by Punjab Act 8 of 1941 and 19 of 1961; to Bihar by Bihar Acts 14 of 1947 and 24 of 1952; to Kerala by Kerala Act 7 of 1968; to Himachal Pradesh by H.P. Act 2 of 1969; to Pondicherry by Pondicherry Act 17 of 1970; to Uttar Pradesh by U.P. Acts 14 of 1971, 48 of 1975 and 57 of 1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu by T.N. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Act 17 of 1978. This Act has been extended to— Dadra and Nagar Haveli by Reg. 6 of 1963, s.2 and first Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule and the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s.3 and Schedule. Pondicherry by Act 26 of 1968, s. 3 and Schedule. 2. The word “Indian” omitted by Act 45 of 1969, s. 2. 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for sub-section (2). 4. Subs. by A.O. 1950, for “a Native of India”. 5. The words and brackets “his cast (if any) and” omitted by Act 17 of 1956, s. 2. 6. Ins. by Act 3 of 1951, s. 3 and the Schedule. 4 ----- (8) “Minor” means a person who, according to the personal law to which he is subject, has not attained majority; (9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and (10) “Representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot. 1* - - - PART II OF THE REGISTRATION-ESTABLISHMENT **3. Inspector-General of Registration.—(1) The** [2][State Government] shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government: [Provided that the [2][State Government] may, instead of making such appointment, direct that all or any](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26508&iActID=850#f1) of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the [[2][State Government]](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26508&iActID=850#f1) appoints in this behalf. (2) Any Inspector-General may hold simultaneously any other office under the [3][Government]. **4. [Branch Inspector-General of Sindh (Repealed).]—Rep.** _by the Government of India (Adaptation of_ _Indian Laws) Order, 1937._ **[5. Districts and sub-districts.—(1) For the purposes of this Act, the [2][State Government] shall form](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26510&iActID=850#f1)** districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts. (2) The districts and sub-districts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the [4][Official Gazette]. (3) Every such alternation shall take effect on such day after the date of the notification as is therein mentioned. **[6. Registrars and Sub-Registrars.—The [2][State Government] may appoint such persons, whether](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26511&iActID=850#f1)** public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively. 5* - - - **7. Offices of Registrar and Sub-Registrar.—(1) The** [[2][State Government] shall establish in every](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26512&iActID=850#f1) district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars. (2) The [2][State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate: Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act. **8. Inspectors of Registration offices.—(1) The [2][State Government] may also appoint officers to be** called Inspector of Registration offices, and may prescribe the duties of such officers. (2) Every such Inspector shall be subordinate to the Inspector-General. 1. Clause (11) omitted by Act 3 of 1951, s. 3 and Schedule. Earlier it was inserted by the A.O. 1950. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs., ibid., for “the Crown”. 4. Subs. by the A.O. 1937, for “Local Official Gazette”. 5. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule. 5 ----- **9. [Military cantonments may be declared sub-districts or districts (Repealed).] Rep. by the Repealing** _and Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.]_ **10. Absence of Registrar or vacancy in his office.—(1) When any Registrar, other than the** Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the [1][State Government] fills up the vacancy. (2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf shall be the Registrar during such absence, or until the [1][State Government] fills up the vacancy. **11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on** duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72. **12. Absence of Sub-Registrar or vacancy in his office.—When any Sub-Registrar is absent, or** when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until [2][the vacancy is filled up]. **13. Report to State Government of appointments under sections 10, 11 and 12.—(1)** [3]*** All appointments made under section 10, section 11 or section 12 shall be reported to the [1][State Government] by the Inspector-General. (2) Such report shall be either special or general, as the [l][State Government] directs. 4* - - - **14. Establishments of registering officers.—[5]***** (2) The [1][State Government] may allow proper establishments for the several offices under this Act. **15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing** the following inscription in English and in such other language as the [1][State Government] directs:—“The seal of the Registrar (or of the Sub-Registrar) of”. **16. Register-books and fire-proof boxes.—(1) The [1][State Government] shall provide for the office** of every registering officer the books necessary for the purposes of this Act. (2) The books so provided shall contain the forms from time to time prescribed by the Inspector General, with the sanction of the [1][State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued. (3) The [1][State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district. 6[16A. Keeping of books in computer floppies, diskettes, etc.—(1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government. 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the Local Government fills up the vacancy”. 3. The words and figure “All appointments made by the Inspector-General section 6 and” rep. by the A.O. 1937. Earlier these words and figure were ins. by Act 4 of 1914, s. 2 and the Schedule. 4. Sub-section (3) rep. by the A.O. 1937. 5. Sub-section (1) rep., ibid., 6. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001). 6 ----- (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that section.] PART III OR REGISTRABEL DOCUMENTS **17. Documents of which registration is compulsory.—(1) The following documents shall** be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:— (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 1[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] Provided that the [2][State Government] may, by order published in the [3][Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. 4[(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.] (2) Nothing in clauses (b) and (c) of sub-section (1) applies to— (i) any composition deed; or (ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or (iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or 1. Ins. by Act 21 of 1929, s. 10. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs. by the A.O. 1937, for “Local Official Gazette”. 4. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001). 7 ----- (iv) any endorsement upon or transfer of any debenture issued by any such Company; or (v) [1][any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or (vi) any decree or order of a Court [2][except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or (vii) any grant of immovable property by [3][Government]; or (viii) any instrument of partition made by a Revenue-Officer; or (ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or (x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or 4[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or] (xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or (xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer. 5[Explanation.—A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.] (3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered. **18. Documents of which registration is optional.—Any of the following documents may be** registered under this Act, namely:— [(a) Instruments (other than instruments of gift and wills) which purport or operate to create,](javascript:fnOpenCrossLink('41');) [declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether](javascript:fnOpenCrossLink('47');) [vested or contingent, of a value less then one hundred rupees, to or in immovable property;](javascript:fnOpenCrossLink('46');) (b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; [(c) leases of immovable property for any term not exceeding one year, and leases exempted under](javascript:fnOpenCrossLink('51');) section 17; 6[(cc) instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, 1. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001). 2. Subs. by Act 21 of 1929, s. 10, for “and any award”. 3. Subs. by the A.O. 1950, for “Crown”. 4. Ins. by Act 39 of 1948, s. 2. 5. Ins by Act 2 of 1927, s. 2. 6. Ins. by Act 33 of 1940, s. 2. 8 ----- whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;] (d) instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property; (e) wills; and [(f) all other documents not required by section 17 to be registered.](javascript:fnOpenCrossLink('52');) **19. Documents in language not understood by registering officer.—If any document duly** presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy. **20. Documents containing interlineations, blanks, erasures or alterations.—(1) The registering** officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration. (2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration. **21. Description of property and maps or plans.—(1) No non-testamentary document relating to** immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. (2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered. (3) Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey. (4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts. **22. Description of houses and land by reference to Government maps or surveys.—(1) Where it** is, in the opinion of the [1][State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [1][State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described. (2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property. PART IV OF THE TIME OF PRESENTATION **23. Time for presenting documents.—Subject to the provisions contained in sections 24, 25 and 26,** no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution: 1. Subs. by the A.O. 1950, for “Provincial Government”. 9 ----- Provided that a copy a of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final. 1[23A. Re-registration of certain documents.—Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration: Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid. **24. Documents executed by several persons at different times.—Where there are several persons** executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution. **25. Provision where delay in presentation is unavoidable.—(1) If, owing to urgent necessity or** unavoidable accident, any document executed, or copy of a decree or order made, in [2][India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration. (2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. **26. Documents executed out of India.—When a document purporting to have been executed by all** or any of the parties out of [2][India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied— (a) that the instrument was so executed, and (b) that it has been presented for registration within four months after its arrival in [2][India], may, on payment of the proper registration-fee accept such document for registration. **27. Wills may be presented or deposited at any time.—A will may at any time be presented for** registration or deposited in manner hereinafter provided. PART V OF THE PLACE OF REGISTRATION **28. Place for registering documents relating to land.—Save as in this Part otherwise provided,** every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) [3][, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), 1. Ins. by Act 15 of 1917, s. 2. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”. 3. Subs. by Act 33 of 1940, s. 3, for “and (d)”. 10 ----- (b) [1][(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate. **29. Place for registering other documents.—(1) Every document [2][not being a document referred to** in section 28 or a copy of a decree or order], may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the [3][State Government] at which all the persons executing and claiming under the document desire the same to be registered. (2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any the Sub-Registrar under the [2][State Government] at which all the persons claiming under the decree or order desire the copy to be registered. **30. Registration by Registrars in certain cases.—(1) Any Registrar may in his discretion receive** and register any document which might be registered by any Sub-Registrar subordinate to him. 4* - - - **31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration** or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit: Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will. PART IV OF PRESENTING DOCUMENTS FOR REGISTRATION **32. Persons to present documents for registration.—Except in the cases mentioned in [5][sections** 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,— (a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or (b) by the representive or assign of such a person, or (c) by the agent of such a person, representative or assign, duly authorised by power-of attorney executed and authenticated in manner hereinafter mentioned. 6[32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.] **33. Power-of-attorney recognisable for purposes of section 32.—(1) For the purposes of section** 32, the following powers-of-attorney shall alone be recognized, namely:— 1. Subs. by Act 33 of 1940, s. 3, for “and (c)”. 2. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words. 3. Subs. by the A.O. 1950, for “Provincial Government”. 4. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001). 5. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”. 6. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001). 11 ----- (a) if the principal at the time of executing the power-of-attorney resides in any part of [1][India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides; (b) if the principal at the time aforesaid [2][resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate; (c) if the principal at the time aforesaid does not reside in [1][India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, [3][Indian] Consul or Vice-Consul, or representative [4]*** of the Central Government: Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:— (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in court. 5[Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).] (2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid. (3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination. (4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf. **34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in** this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. (2) Appearances under sub-section (1) may be simultaneous or at different times. (3) The registering officer shall thereupon— (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed; (b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and 1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”. 2. Subs. by Act 3 of 1951, s. 3, and the Schedule, for “resides in any other part of the States”. 3. Subs. by the A.O. 1950, for “British”. 4. The words “of His Majesty or” omitted, ibid. 5. Ins. by Act 3 of 1951, s. 3 and the Schedule. 12 ----- (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. (4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. (5) Nothing in this section applies to copies of decrees or orders. **35. Procedure on admission and denial of execution respectively.—(1) (a) If all the persons** executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or (b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or (c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61 inclusive. (2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office. (3) (a) If any person by whom the document purports to be executed denies its execution, or (b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or (c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead: Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: 1[Provided further that the 2[State Government] may, by notification in the 3[Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.] PART VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES **36. Procedure where appearance of executant or witness is desired.—If any person presenting** any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such Officer or Court as the [2][State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein. **37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of** the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required. **38. Persons exempt from appearance at registration-office.—(1) (a) A person who by reason of** bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or 1. Ins. by Act 13 of 1926, s. 2. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs. by the A.O. 1939, for “Local Official Gazette”. 13 ----- (c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination. **39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to** summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act. PART VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT **40. Persons entitled to present wills and authorities to adopt.—(1) The testator, or after his death** any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration. (2) The donor, or after his death the done, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration. **41. Registration of wills and authorities to adopt.—(1) A will or an authority to adopt, presented** for registration by the testator or donor, may be registered in the same manner as any other document. (2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied— (a) that the will or authority was executed by the testator or donor, as the case may be; (b) that the testator or donor is dead; and (c) that the person presenting the will or authority is, under section 40, entitled to present the same. PART IX OF THE DEPOSIT OF WILLS **42. Deposit of wills.—Any testator may, either personally or by duly authorised agent, deposit with** any Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document. **43. Procedure on deposit of wills.—(1) On receiving such cover, the Registrar, if satisfied that the** person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover. (2) The Registrar shall then place and retain the sealed cover in his fire-proof box. **44. Withdrawal of sealed cover deposited under section 42.—If the testator who has deposited** such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly. **45. Proceedings on death of depositor.—(1) If, on the death of a testator who has deposited a sealed** cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3. (2) When such copy has been made, the Registrar shall re-deposit the original will. 14 ----- **46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained shall** affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. PART X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION **47. Time from which registered document operates.—A registered document shall operate from** the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. **48. Registered documents relating to property when to take effect against oral** **agreements.—** All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any order agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession [1][and the same constitutes a valid transfer under any law for the time being in force: Provided that a mortgage as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.] **49. Effect of non-registration of documents required to be registered.—No document required by** section 17 [1][or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)[ 2], [3]*** or as evidence of any collateral transaction not required to be effected by registered instrument.] **50. Certain registered documents relating to land to take effect against unregistered** **documents.—(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17,** sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not. (2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act. _Explanation.—In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866),_ was in force in the place and at the time in and at which such unregistered document was executed, “unregistered” means not registered according to such Act, and, where the document is executed after the 1. Ins. by Act 21 of 1929, s. 10. 2. See now the Specific Relief Act, 1963 (47 of 1963). 3. The words, figures and letter “or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882 (4 of 1882)” omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001). 15 ----- first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1871), or the Indian Registration Act, 1877 (3 of 1877), or this Act. PART XI OF THE DUITES AND POWERS OF REGISTERING OFFICERS (A) As to the Register-books and Indexes **51. Register-books to be kept in the several offices.—(1) The following books shall be kept in the** several offices hereinafter named, namely:— A—In all registration offices— Book 1, “Register of non-testamentary documents relating to immovable property”. Book 2, “Record of reasons for refusal to register”. Book 3, “Register of wills and authorities to adopt”, and Book 4, “Miscellaneous Register”. B—In the offices of Registrars— Book 5, “Register of deposits of wills”. (2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills. (3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property. (4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar. **52. Duties of registering officers when document presented.—(1) (a) The day, hour and place of** presentation, [1][the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it; (b) a receipt for such document shall be given by the registering officer to the person presenting the same; and (c) subject to the, provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefore according to the order of its admission. (2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General. **53. Entries to be numbered consecutively.—All entries in each book shall be numbered in a** consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year. **54. Current indexes and entries therein.—In every office in which any of the books hereinbefore** mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates. **55. Indexes to be made by registering officers, and their contents.—(1) Four such indexes shall be** made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill and Index No. IV. 1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001). 16 ----- (2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1. (3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf. (4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same. (5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4. (6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs. **56. [Copy of entries in Indexes** _Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed_ (Repealed)] Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2. (B) As to the procedure on admitting to registration **57. Registering officers to allow inspection of certain books and indexes, and to give certified** **copies of entries.—(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos.** 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books shall be given to all persons applying for such copies. (2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. (3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative. (4) The requisite search, under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer. (5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents. **58. Particulars to be endorsed on documents admitted to registration.—(1) On every document** admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:— (a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent; (b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and (c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. (2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal. **59. Endorsements to be dated and signed by registering officer.—The registering officer shall** affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day. 17 ----- **60. Certificate of registration.—(1) After such of the provisions of sections 34, 35, 58 and 59 as** apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “registered”, together with the number and page of the book in which the document has been copied. **61. Endorsements and certificate to be copied and document returned.—(1) The endorsements** and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1. (2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52. **62. Procedure on presenting document in language unknown to registering officer.—(1) When a** document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office. (2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original. **63. Power to administer oaths and record of substance of statements.—(1) Every registering** officer may, at his discretion, administer an oath to any person examined by him under the provisions of this Act. (2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer. (3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated. (C) Special duties of Sub-Registrar **64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on** registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1. **65. Procedure where document relates to land in several districts.—(1) Every Sub-Registrar on** registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate. (2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the SubRegistrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file in his Book No. 1. (D) Special duties of Registrar **66. Procedure after registration of documents relating to land.—(1) On registering any non-** testamentary document relating to immovable properly, the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate. 18 ----- (2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate. (3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate. (4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1. **67. [Procedure after registration under section 30, sub-section (2).] Omitted by the Registration and** _Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001)._ (E) Of the Controlling powers of Registrar and Inspector-General **68. Power of Registrar to superintend and control Sub-Registrars.—(1) Every Sub-Registrar** shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate. (2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any SubRegistrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered. **69. Power of Inspector-General to superintend registration offices and make rules.—(1) The** Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the [1][State Government], and shall have power from time to time to make rules consistent with this Act— (a) providing for the safe custody of books, papers and documents; [2]*** 3[(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;] (b) declaring what language shall be deemed to be commonly used in each district; (c) declaring what territorial divisions shall be recognized under section 21; (d) regulating the amount of fines imposed under sections 25 and 34, respectively; (e) regulating the exercise of the discretion reposed in the registering officer by section 63; (f) regulating the form in which registering officers are to make memoranda of documents; (g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51; 4[(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;] (h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively; (i) declaring the holidays that shall be observed in the registration offices; and (j) generally, regulating the proceedings of the Registrars and Sub-Registrars. (2) The rules so made shall be submitted to the [1][State Government] for approval, and, after they have been approved, they shall be published in the [5][Official Gazette], and on publication shall have effect as if enacted in this Act. 1. Subs. by the A.O. 1950, for "Provincial Government". 2. The words “and also for the destruction of such books, papers and documents as need no longer be kept” rep. by Act 5 of 1917, s. 6 and the Schedule. 3. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001). 4. Ins. by Act 39 of 1948, s. 4. 5. Subs. by the A.O. 1937, for “Local Official Gazette”. 19 ----- **70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise of** his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee. PART XII OF REFUSAL TO REGISTER **71. Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register** a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. **72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other** **than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an** appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order. (2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration. **73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of** **execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person** by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered. (2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints. **74. Procedure of Registrar on such application.—In such case, and also where such denial as** aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire.— (a) whether the document has been executed; (b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration. **75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that the** document has been executed and that the said requirements have been complied with, he shall order the document to be registered. (2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60. (3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration. 20 ----- (4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908). **76. Order of refusal by Registrar.—(1) Every Registrar refusing—** (a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or (b) to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded. (2) No appeal lies from any order by a Registrar under this section or section 72. **77. Suit in case of order of refusal by Registrar.—(1) Where the Registrar refuses to order the** document to be registered, under section 72 or a decree section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree. (2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit. PART XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES **78. Fees to be fixed by State Government.—[1]*** The [2][State Government] shall prepare a table of** fees payable— (a) for the registration of documents; (b) for searching the registers; (c) for making or granting copies of reasons, entries or documents, before on or after registration; and of extra or additional fees payable— (d) for every registration under section 30; (e) for the issue of commissions; (f) for filing translations; (g) for attending at private residences; (h) for the safe custody and return of document; and (i) for such other matters as appear to the Government necessary to effect the purposes of this Act. **79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette,** and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office. 1. The words “Subject to the control of the Governor-General in Council” omitted by Act 38 of 1920, s. 2, and the First Schedule. 2. Subs. by the A.O. 1950, for “Provincial Government”. 21 ----- **80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be** payable on the presentation of such documents. PART XIV OF PENALTIES **81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent** **to injure.—Every registering officer appointed under this Act and every person employed in his office** for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. **82. Penalty for making false statements, delivering false copies or translations, false** **personation, and abetment.—Whoever—** (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or (b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or (c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or (d) abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. **83. Registering officers may commence prosecutions.—(1) A prosecution for any offence under** this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, [1]*** the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed. (2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class. **84. Registering officers to be deemed public servants.—(1) Every registering officer appointed** under this Act shall be deemed to be a public servant public servant within the meaning of the Indian Penal Code (45 of 1860). (2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so. (3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act. PART XV MISCELLANEOUS **85. Destruction of unclaimed documents.—Documents (other than wills) remaining unclaimed in** any registration office for a period exceeding two years may be destroyed. 1. The words "the Branch Inspector-General of Sindh", omitted by the A.O. 1937. 22 ----- **86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No** registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity. **87. Nothing so done invalidated by defect in appointment or procedure.—Nothing done in good** faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure. 1[88. Registration of documents executed by Government officers or certain public **functionaries.—(1) Notwithstanding anything contained in this Act, it shall not be necessary for,—** (a) any officer of Government, or (b) any Administrator-General, Official Trustee or Official Assignee, or (c) the Sheriff, Receiver or Registrar of a High Court, or (d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government, to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58. (2) Any instrument executed by or in favour of an officer of Government or any other person referred to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made under section 69. (3) The registering officer to whom any instrument is presented for registration under this section may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or other person referred to in sub-section (1) for information respecting the same and, on being satisfied of the execution thereof, shall register the instrument.] **89. Copies of certain orders, certificates and instruments to be sent to registering officers and** **filed.—(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883),** shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1. (2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1. (3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1. _Exemption from Act_ (4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1. **90. Exemption of certain documents executed by or in favour of Government.—(1) Nothing** contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1. Subs. by Act 39 of 1948, s. 5, for section 88. 23 ----- 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely:— (a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land-revenue, and which form part of the records of such settlement; or (b) documents and maps issued, received or authenticated by any officer engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey; or (c) documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris or other officers charged with the preparation of village records; or (d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land; or (e) notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879, or relinquishment of occupancy by occupants, or of alienated land by holders of such land. (2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act. **91. Inspection and copies of such documents.—[1][(1)] Subject to such rules and the previous** payment of such fees as the [2][ [3][State Government], by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies. 4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.] **92. [Burmese registration-rules confirmed]** _Rep._ _by the Government of India (Adaptation of Indian_ _Laws) Order, 1937._ **93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.** _THE SCHEDULE. [Repeal of Enactments]. Rep. by s. 2 and the Schedule, ibid._ ________ 1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs., ibid., for “State Government prescribes in this behalf”. 4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984). 24 -----

7-Jun-1979

4

The andaman and nicobar islands administration regulation 1979

https://www.indiacode.nic.in/bitstream/123456789/19006/1/andaman_and_niocbar_islands_administration_regulation_1979.pdf

Andaman and Nicobar Islands

? "" . '· , ......r - n .. - [?··] 1......I [I] ,L, v # ?·v\u #### J t '1· •• .;; ,Uqyv .• [..iJ] A-,D 1?lC..mAH I:::il.J\.HJ}:3(AI)l11NL:i':rrt"'.l.'lJ!d H..c.uU k'f lu1? 1 ':J'('.J !\ V - 4 U?' 1 ?7 '-.J 1'!, llJ'rbJ) BY 'I:i - [.:;] M.A.,:.JA-}.C:H, \.r v - [C.Jt!;l•!.l:',l.] l' ,r' .(?$0, .i'O.t:d' Is l.Airt - ...... [!?] 1'..JS>.:S ----- J - .. ###### 1'1'111: \\\)\\IA? .\?ll .\fC(lHAI: l?L:\XllS (.\IJ?IISl-d:1c\l'lUS) HL:<.;UL\'l'IU?. 1U7:J .\ "· <L , ,, I '.I 7·t ###### Promulgated by [the] l'rcs ident in the I hirt ie th Ye ar of the Republic of Iudiu. A Jvc g ulu t ron to 111JJ..l: provivions Jor the admirustration of the Uaion i cr nu.r y [o1] the Andaman and .l\icobar hlanc..la aod Ior matters connected th•uwith In exer cise of rue Jowers conferred by [article] ;;40 of the Conatitution, the Pre srdcn t 1:, p [lcuscd] tu prouiulg at e i he following Regu la uo n made Ly [ln] rn :- CHAPT.1'..H. I Pttl&I 111 l \;\ti\' I. (I) Th 1, Re!:![il,tLJd!l] 1111y [be] c.rlle.l the AnJ,1111 rn and Nicob.rr l:,\_uds Short t11Je, e x- t [\J11] .ni,11;1li·>1,J l!c?.ulJ"i.Jn, 1979. rentmeuc erucut.&nd e orn- 1:: l t i;,,·.c11J, tu 11,r \\ ltuk of t lie lJ11iu11 i crru ory of tl.e AndJnl.111 c111d ., 11r..l1l1.1I I , [w11J,.] ###### ? ?J lt ?h .. [11][ corn-] intu ror..e on such d.11<: :1? t he Ceutrul Government ru 1y, b? I ,I llL,dtUJl Jll ti.: U11: .. r.r [l] lJJ/dtc, appouu. Jq 11,i, 1:..:gul. [.t1u11] u1tlL?? r he context .nl.e.wrse rcqqire:,,- Detln I [ii] ns, lJJ ",\d,ni1 ,,tr .. r " n,..:.ill\ the vd m inisr r a tor or tile L'nion r '\it')ry , I 1J...: Arid .. [i] [n.u] n .. ,,,, "l,..:,1b.tr hl ..[lllJ?] :.11 pu1111ctl [l.,y] the Preb1der· - ) :?r .ti! c·:..: .,•) cl 11,..: C, .. ,11,U[IUt1: ###### (1,) "()Jl1c1 • [.t 1;.,] _11..:"' 1,1..:.,11? tl1..: \111a111an? C .. [111:l'le,] h. ""J'.,111 l,.1)1,d0 Ill• :11,, :1 [C:r.,lll] '.11oC11:.t},llCulhlllU[.:,J llJIJ'-.f ?cl'llull .J ,,t I I l 11 ,. 11.: \1.d .. [1111.111] 11d N1Luli.i1 1,1 .. [1.J?] Gi.1111 t>.i11L11.,j,,•• l:L·gul[ ..] [i11011,] !t10l; - . ----- . --- ----- - - . - # ' -- ----- .. 2 l ###### ( [d] ) ".t' .r-o.tlu..;h Cuunc i L" r.,.mns th? ?1.·ad?oh ?vuncil oon0titut?J under section); 't.;1·.cii.ory (•) ttUnionoi i.ho territory"wiuo.tn·\..I? and me e.nebicobo.r the Unionl.131.a.nds• ###### Pk.AD?:Jtl COUNCIL Conctit.utionof P.1.·n.luJh of\ Pracosh3this• AB hogul.':l.tion,ooon]ounci1o.e mo.Y?or thorobe tho n.ftur:3.hn.l.lUnion the baterritorycomm-.:nc'imentconstituted. Cuun1., il o.nd e o rur isting of- 1.to compoL>J.- (?) thu Admini9tro.tor; tion .. ruprou.tnt( b) 1.hu in,?mui.lbuthv r ofU1.J.un tho torrirlouoe tory;of thu :p., opl.u ###### l(o)j- th? Cho.irmo.n ?fj f ouchthv PortCh?irm.,'1.nB:lnir ie 1l. Munio??i..:..ri?aVic a ip!}lCnuirlll.:l.neorv?ntB 0•1.rd<.>!or,_orth? Govcrnmer-t,so.id Boo.rd; Jth? senior or nominu.tu<i( d) '? L-twt.:ntyfroci fivotho in pcraon..27o.roo.scol.umn of (2)tothe boofUnionel.ootedtho turritory?ubioin t):le bvlow1:1..'l.nnorop?cit'iedrurncro.phape cifi?L1 I 0£in thetho. t FirstSch?duJ.-.;Schedu?, ###### BcheJulvd(e) one Tribeop0reon.bolongingof nndo.manea?,by tothe onyOnG?aA.dciiniatro.tG,.of thoo.nJ ..:>nowpcatn..i to l>-.;1 [11omino"t..,d] o.nC1 ###### AJminiotr?tor(:!) one womanCouncilif tono bewom..;..nun1.l...1rnomino.tedbecomeso.ny of bythau thomcmbar:for.;o i?1t _ tha Pr,.Jush clo\loeo. ###### muu,bui·uhipinCO.Sta:?•C?SJOrcurt!J.in o! Cc?ncil(o)cbeeh.nilJ?oopl.o,Boo.rd1'1unicipo.l.holdwo.ee atha4.ofel.ectuJ.mdmberthecoo.ooor,AeoctionA?m)..nistro.tor,under::;.ipereonJ..office,Boe.rd.Ith? theundet'toor o?ue???nior'3,b?Cho.i.rmo.nwhor.or:-ino.toJ.a.aiforclo.v.seouchiethuo.nY,who(a)Vic?? o.m?mbermemberofco.oE$memberorie(d)bya.oCho.irrna.ntheolnueeoloctedvirtueo.oftno.Ywh?nme:mberofJ?ortoftheoe,thethe(b)heofororea.id131.o.iroaa.oeoofcoaaesHouseth?whichProddehurnomin.o.to.1theaectio:lol.a.u??Muni1J?orto?tohal'ri?'-tq Ltt L!ounc il.i ----- ulI,»L),1•,_d,1111111..:111\l?•lt " '- u,• ,,11 ..IU p .or11,c \i-111.',d1•qu,l ,\ ,1111,r,·1,-111,, 111, .111111.•• [,be1][•L..1ll]1 ,1,ct:il1ednt'lietll\.: J1:,qu.1\l11<'.d[Pr.1,k?h]111l'J1tl:["'1·<] :,,111l_(lllll1l[ 1,l being[i[ 1t],,I tl,1·ne l lt.t!>.\nJ.1111:in>1111ll.!ledII [curred]andor or eNrcobur[lccre]rnc urd s a-,,Illy\.,I.ind,;and,,r ? or 1961. cit (j1.1111 l1.1n1.•l1. ?..11'> [1:qul.1t1u11,] llllb.1.:' t [h]Prv\e· ·,111111,.leJ"fllllild,J:J dt,ll11'c 111,r a [ll,lttu]1[l][ ui-111"][...i] !>,111 .?.,,[::.li,111]tltc[::.111.il][ '""],,IL' .. ,l111,c::b, <'l,er..,vu 1u i uc[t\111,ll]: v.h1d1u: dcr hetht becomes.:,..:..:11011 orm...:r.:11hu s D••.re u ''-"'. ,. [,,f], ",.1- ,u ._,»."" 11.or'rr the o m[Till'] :,.11J.1,1'1aJc,.h f)d 1t.;1, :,pl'.111111·d,d vfH)1111...:dt.iur unlevsfor)C [11]11 ,1h)ll1i1,t!1 ,II <iJl...:1.1'c111.:1:1111"r J1,,11h.1·,nJ ,1d ,[di,,oluuun]no:;\1,t\llonger,c,11tinue.mof Ithe the forI'rudesbexp Iuu[ir][ a-] r t \,uncil: ###### l'.e-,1d..:11t,l'ro\iJ [b\]· t iii,rJ...:111 [1!,]111 \11111·1,.,Ad11,i1 [j:,\1,11111]e\t.,11J ni.1v,tl,i: -.,11"·titI [hJ111<l·r1 ti I!· uch1.rc\ii'u,byorder,1 p..:,l1JII,1pprllval,,,d b.: ur[no1,11..:J]p..:r,,,,1,[11f] the[ in] r,ut l [,,·e.:d11] !', 1,e '1..· 11 111 [111..:]ar?r1·?1,111.:,[111J][ 1.:1] the 011,c1,il 1., .. [,?11,·.] - i.kr d1u,c t<,11,·111IJe1.t,11•1'Uhl 'f ",,r!"1,,,u1.1u " I\.:'• [11]'· .t LJl1nL1111-i1111l!n.:?1;n..1L1un or:.(.!1d.iu,I) \u 1.,..1,q.,\... r[1n]\111.·:111"r,,f1\,1.1'rMi,,hC•1[,11]1.,\\ril11"[ ill] tJ\..1..,r[,.,,] I [I] 1,1,11cv,,elk?Ldi1,11..r,ti11n1n 1t',0111[,,1·]th•· ? [111..:111b,·1]ct1t>11111,•\ ,11111[t•][J] ,t.:;1 (..,,mll·p..1...:.. 1y[!][1lc:k]·,o[!ii]1hofre,i_•n[ l.'.J]rutt;the·... [,c:Jor111)min1tnl]. ny[..:,pt]tlCouncilIii,[cle..:tll111]t:[ by]ntliccAdmin1,1rntor[ tl1e] undera'I.,\J1111ni,tr.nor.or ?uchnom1n,1ti,1n,el,1u?;ml'mu:r:.inJ (,IJ!>UChbvoras d.,u:,,•tit.:hu\J La,c1'ro11.icJ,ill11..:1111Jyu1c Ll,1u-01dyothat 111".. f,,r(::1 1[1w?mh..:r]t:urJ,111..:...:[01·]thl![ ,.:c11on]rem?111Jc?el "itil[·ch!,)'] ti,·,.t lii..:11euVl!>l'""n l1111nt.:rrn 1t.:Jut [ul]unJ.:rutllccLill? ltcgul·1ti,in:ut'thi-, the ::.uh-:-.et:•ion111.::mber 111 .....,h,dl[1w?c] G1,u [,ti,] b;or 111c11:l,e1•.,11,,,.... pl,,.t!-.Ii.di,:,l)1ll.: \, ii.:,.,p::r,,111,,1.\l ,dyir1..·e\e.t,•d!Jl..111?, 1)pm.:mhi:r[>1111]l I[Iii-.][ J][llOllllll<.1Ltd.](utile??c.it1n th m.1\..t:th.init bi.:11,, .11111lh•·[1·] 1,y\d1111111,1r[-.ub,i:11\l..:][111111,]· -.)111?[ ..111][ I]1)..:1.1111[ tit.:,\],t,H)h1..111r1·nf..1p1m111111111the'1h - 1..:[11 11ur].\Jm11>1'>tra10rPr,,dc:,h[i] 1(1 )h,111th..1tC0u111:1llwfurt'behalfor 1.il.111b byf0r tl1cthe [his]Ccn1r,,1pt1rpu-;e),·at, (j0vm,1ke111 tile:rnment,,tndSecond[.,ub,i..:r1b;]:1n ?c·h,uJtll[ bd."r]Jul•·.or .i1l1rm.1t1011 [ac.:NJ,ng] to th! f,)1 m !>Ct [out] \j\;•n?,e,1,0,a,·td11 , LOofor ,n,·al,t 1 Ot11" lll.1·i!t.,te.d- only!)cun\lltUliOII?,. r ll.1..·N,, :,ct l.'.Xl'ldll.l'thcr!llt".or proc..:eJ1nl!1)f :1ny v.1ca,or t\11.:cy [l'r..iJ..:,h]a111011g it?C"u11.;il111cmlicr??h,dl ..ir beof invalidJllY Jefc:clhv reasonIll th1: -- - -- ----- ###### t. ----'- Coi r.tcr.... uncil--------?-----Illv . ..;1,a.;,: (1)t? [b,·1w..;..:n]'l'hc111c·.:t AHt l1111ni?tr;.1torsuchit? l..nttime?1tl111gand?wall,inplJCC11n:.:from[a,;],c,?innhe11111:.:1h111k?,,nd--------tu lit,thet une,butJ de,u11,n1011?·x 11101,1!1-< :1rr\)1r11cJthe [sh.i]Pradesh[ l!][for] notits cit.Scs 1ou?0r Cc un- u r s [t] ,tl\111!.! Ill l"l' 11,·.?l '.,Ll?,ilJII. ###### (?J ·1 he· [Au1n111i?1r..1tur] m ,y, fr0111 t [i] rn c to 1i.ne,-- I l. ti J 1'11<.:lru Jt::,li [Council] may d,?cu:,s .111J maku rt.:t:,11111111:11Jati011:,to the 1·l10,·11onsPrsd•?h Council-of AJm1n1:,11.1tor un--'- ###### generalr [cl.uc] (.a)t,, qu,.;,t1on,i111.itt..:1:;m n ters ufonu.uer.ned ,1,im111i,tr.1ti011,or policy and111 schemes[the][ rel.u]Srat ie ngof dcvdopme11lLi??t...l [the]or 111Un1J11[th:] t•Concurrenti11rn tory.'>0 f.H invulving.isList tuey111 tlte Se\ nth Schedule to the Coo?titution; .b: the five-year plans and annual p [ia][ n] prop.;:,ab for the Jt:vclop:ncnt of tl1e [U11:01,][ tcmtory] ; t er r itory(c : theto bee [sti]crediicd[ mat] e [d] to,i ecciptu u [d] s to andl,u mete»penditurcr\om. thepl:rta1111ngCo11?ul1dJ1cdto theFundUnionof J11d1..t :. revpect· (d 10proanypus of.. [d:,] thetor rnutrerundertakings [e11urncrated]leg [is l.i tion]in i hefor Srarethe - Unio11List or territoryin the Con·with <.:u1ru111 I i,1 111 [LL,;][ S..:\,;1,lit] S,J,..:JLilc tu t [hc] [Cun,utuiion;] ###### (c) :any other Jll:llter which the Admini?tratu? may rcl"er to tho Prauc:,h Cuuncil f0r [i.:0n,idcr..ltion] and aJvic,. t\f the l'r..1J.>h Ct)uocil :.ii [d] ###### suhJe?·t:tlluwc11un'.tli,;l'1aul.'.Lu1,,t,1u11.,.,(?)d1-n1111 ll•'"St..bj-:t:t C.:oun,·JId,11-:1i1""' d1,..:n.:u,1n1h..:[tu]u11,II.ill1111ult.:\'d..llu::,u..111'yl1av:.:f.,r[·,uhj..:,.;t]r:.::;ullolLi,t.1, lilt.:li1c?t1..:ur[a1ing]rr1.\u1111111,tra1011111i11[h1][ th::]111.llt..:r,11\..:tli..:10[ proc.:Jurc] Cu1,t.:urrc,11a,kJ'Lil>ltCrel.do.:,,,que:-1i,i11·•10 r:.:1·thc[intc1c,1,]L•!>lt!,,..,uo1 U.,i,111'"10111.1rt..:rs t•i\eti.,·e,,1:, ?:_.v,·1,till:111t,11y.inf.)1tnJtio11uf,lll:ll1bcr publicSt.:11,dulo:i11t.:re:,tofor the10t0 I·. \ [l][ I] I l., .\,11111 :1 1u1u1 \ii.,ll pr..:s, 'c ,It ol t.li: P1:1J?,1i Adu1111111r..11ur1111g,pr, 1,I""01· l'r.1, "er tc,h1l1L·e10 .. Couu,11. CJJn..:al. ###### 1i1i:11,11..:•?l'r:1<.le('.:) ,11 nuri11'.![t][ '.111i1c1'.]I,) 111 11 Lili.![I',],uclt,111 ab,ent.:c.111w11;:)tp.:rson a,olti,.:tit.:thi.::t.:kcl:Ui\dmi11iAdmini::,ll',1t0r111cmb..:r,tr,itor 111.1\ul frJll\11...:d, ,1;·n.1k[1'1.it.lc,h]any ll'C\1·1,Cou11nl, illtins• :.i .,,fI'·lia1l1'11.!11,·I pre::.id..:.. t :1u ... [ll][ 111.·..:ting.] .,1,wd111?1:1. ( )[.i1.kl'.] S11hj.:d1 eg1il:11111gtu :lie \Ill:prv,"io,:; pr,\C'L·dur,...of tliisuf tl1clt?gul,1tiJ 'r.1de::,ll• [,n] C,!un..:il,:.inG to tile:t lt:: e ruli!,?lwll andbe IPu.?..:r,b,..:..:•r·. ol ...rnem·[oo][ plivi-] l1LLJv111 [vi] ?p1.:Ld1i1, [th,.,] [Prar.k?l1] C1\lJrn.:il ?ll:1IlCuuni.:ilpublicotio11('!)[lm] ".'\,111r.. [il>'·:] iil1.ra11,[h:,] 1,ort.:u1111111tl..:<:tit::1nvund,rAd11lilli:-.tra1orp11,t.:1.:ed111g,lite[thcr.:of] autlto(i1yi11nor,1llll a1,yanyui"n,)t:oun thcotherp.:r?u11Cou11,..,d111 111en1L[1..;?pec1·of]?!i,dl 1,I'... rbe [or]dll\?11[ ti,.]a11ytl1i11).![11.al>k]ri.:pu1l'r.1Jc,h[ 111]l.,,,1•tlre,[XL'lpap--i,Cou11c1I111 ticul·or ###### proceedings.be enutlt:,l1-L J·;v.rytt, re,rnembert.:i,c :..uch01th1:?a!:11vl'1o1L1e,h 11!' [.,\ILw:.incc:,,][Counr·i\] uLh.:rr [botl1]th?n ... ? th..:[1!1c][ I]1Jmini,1ra1crLl11 ir11?1r ... [to1]. m:..y:,k1ilS1l,rk-• lo·m?mll'1,,.... ,n?c, .. [n,I]ol al- w11h the ... r,pru,,tl .-,r tl1c l'roidenr. l•y urJer,.det..:1m)nr.. ###### regu!Jllll?!.I . (1 ,ubjI Ii•· ·i.:tl'rJdL,li1,, tl1c C,n1ncilprovi?iun?Jl1JY ot"maketlti, ll..c?ul,it,..>n,rule::, a11d [1·?]·t.1r,di1,rp10..::.:Jurturdl'f,[anJ] till!ror ..Jureulc• c.fpr(Cc;- cu11dut:l i)!' 11, lh1>i:., ? ###### procc.:Llu1i;n·gul.11cd( [? )] [i:1]Uuf[ aCLMu,.1] 1 ,tLhc[i] I . [,] [I\] yl'rnJc:11r uti.:[k] with, o 1 r011ncil[?ta]>Llt:h·1 d gL'!!e1.1,·[i] n g ,11\dor [d] i.: [r::.]1her :ipe..:i.da r c L'•111ndu..:t[Jc]urJi.:r?u n [d]ur[ c 1]:.i" , u11't1[b] i:· ?b,1,11,·;?::, L<.:,\l1ll1ini?tr:.itur t111 [n] (?1i.i1:[I] ) , t he[bl!] m,:yt [lt..:][ c.:,i1,dt,L:]111.,;,c.I/.. 'l\ 1,I ,:.. I ) [1",11•1\][.I,] ,I - I :,ll>I tilt.:t ,l-.1·:--up1i.:,11,· pl [,c,] i1C,111111111[l] l'l,!l1L',11 , [,1]11 [LO\,.]:.1 I!.•L',II: \ 1111< ·,11.1fl' t r.c,·1111 'ill:lu \11l 1,...:.Ullll?ll11•L ?II[l..,1.J\.I]•, lllf•l ...I 1l)r.!, I,ti) on c.J1,cl1.,._·..: [•] I 111. ,,IOli,·-. b..: [c.:.1ll:,I]17. 11,1 Ii[?111]'I Ii-:•1,11, ,.1li,11n:1 d,1·\ ul·1•ri,1,1 a••) p1tll'L_d11c 01·:·11\ alll:.?)· 111 J111..:;11 l 1.1t'L,I..:11J.4111yl,,1·1,rJ1,d1,re. \,u 1..11 ?hall 111.t Cou1,,irI11,ILk[I<.,-]q,, [ ?C]1 .... l.• n Ct[all,]111(11t 10Ll'l·U [f] ,·11. ----- ###### 5 ( 2f. No a:.cr?:L,n· u? chv Pradush Counc t L .i n wuot,. r,o,,,.:r .... _in .. v c i: [t-.,d] by or undvr t.hi.1:.> h.u 0ru:L ..• [t] ior, for r...:,_;"Jl.o. ? .in0 the p r-oc e [dwz-e] oz- .t h e c c [nd] uc t or l1,..!:>iavss o i' or ror ###### l'WJ.int!.4inin? o,:dt... r in, 1.hv Council 6hn.ll be uubjticl. to tht: juri:JJiction of o.n.y court in ?uupvct of ?h? uxurciub by him uf those pow..,rb .. cu,·.r•1·??.. r 1I - .. C OU,·? '.j c: Ll .LJH.S ###### fLPlJ [oin] t. me n t lOo (1) SuLj?ct to ?hJ provi§ions 0£ sub- of Courio0..Llord. 6?e?tion (?.), th? .ld,:n.nistrator may o.ppO.Lnt thuir v c r-m CJ.f L :fivo porao?] as Courn:.'3llore t·:i:·om amongst tho rne mo e r-o o r th? l?raLluJh Council ,:c,f<J.t·rtld to o!'ficu. 0tc .. in clauoo (a) o? sootion 3. ###### 7 ·. r( 2) of th? CounaeJ.l.era appointed under at'b-eection ,1), ut 1.?uat one Counu?llor aha.ll. b e a member of n.ny of tho· Schedul.od Tribus from thu Nicobur group of Ial.?nda ###### anu o.t louot two Counaallore ?hull b? from the Andaman 1&roup, of Is Le.n dn - , / ###### (3) A Couns?llor ahal.l hol.d office during t1.c pl.ea.suro of the Admd n Lu tra. tor. (4) Before a Counsellor enters upon his oft"ict:1, th..: aumi.nit:Jtro.tor ohall o.d[:liniater --to him the ou t h e of o r r a c e o.nd of e e c r-o c y ###### o.cco.Jin? to thu fo?no a?t out for the purpose, in tho '.rhird .Schedule. ###### ( 5) .Evel.·y Counsall.or sho.ll be anti tl.ed to rttct.-1ivt1 such eu...Lary or a..l..l.owa.ncv3 or both as th? AJmini?trator rnuy, with tho ###### npprovul or tho Presid?nt, by order, ciot?rrnine. i'unctionD 1?. (1) Thd A?ministrutor ?'l.Y, £rom time to ###### ti?e, con8u.l.t an.v Counou.l.ler or o..l.l the Counae.l..l.oro of (..!ounovl.1.ore. on any mo.ttdr re.lo.tin?. to tho odminietra.tion of tht., Union territory 011d n.ny vie"'s e xp r-e o e e [d] by tl.e Coun?Jllor or Coun?ell.oru on ouch matters ohol.l. Lv ###### r?oomm?nda.tory in no.tureo (2) The AJmini3tra.tor may m?ke ru1es doiining thu proc?duro to be followdd for conoulting tho Coun?dllora • - ----- ###### -G .... -. CH.\l''l'Elt iv the Otlii.;ial Ga;ctte, Power to 20. (1) The Admioi::itrator may, ofb1this[1,01iu1.-a1io11]Regulation.[ in] - kc r [ul] e , , make rules to ca r ry out the: purpo?t::, foregoing fviell 01l)i,41l'r? power, (2)underAdministrotor,:.uchIn particular,r u[?ub-?ection](u)(b)[lcs] [the]anymay procedure01hertoprovidi.;[ (?)]andLe made:[ of]matterwithuut[for]bec1ionto under1?11befurp1cjuJice orfollowedwl11ch\\J;tuisany Regul:.ttton.of[rules][to]theforthe11rc,·following grncralityconsulliogin themallt:r?.[o][ l]theopinion[ the] Coun?el\or?n..101cly:-of the ###### '1'1f [I·?][1<'][1][lt?] l' [:-;CII][ l·.DU][ L][ !-:] :{ (il)J ###### [iSre [sccrio»] ).\.\N\I:ll !? \\'IIIC'll 1'1·:1::-;0;>:?1'1?\lll'.:-;11['\11.\l.l.] 111:l'OI [ELEC''l'l·:1J]?l'll, Oil ?O.\ll\ \TJ-:IJ ro 'l"Jl\<. rh Ar?a?·e [ir][ reorcbOll]a!ld Council l. underFer th"clau?cpurpJ:.o,u) ,ti of?c1;lil>fl :.I,[ckL:ti->n]the T.1blc[ :lie]or no111in;,1ionnumbrnelow r ?It:\\\[of] [of]pcrbon::.[ members]be a" 10?p1•c:ifi1.:Jof 1eprc,c11tthe Pradc,I111 tli'°1 \11 t,LliOO. ari.:.,,c11rri::.1,onuing:,1wcilitdin1 .. [u][ r][t..:tJllllllll (2)]y [in] culunrn[ of] t:1) [of] the: [?..iiJ Table.] \,0. of (WI ?011 Areas (:;, s. No. ( [?)] --·--- ###### (l) ------ ---- ------ 11iglipur ['fo] l,,d '1'.d,,il .. !\L,yabu11tlc'l .. t{;1t1t'••l \ ali,,il . . 11,c I\Hl tiiair - \r,·•, ,, [it][ }1111][ti,.:][ juri:,Jic1][io][ u][ uf] 0" 5 '.\lun1c:ip.i!: ._,itI .irl l;,airts,.1.1 'L'.ilbil[l\c,]'.iu111C:11... [,J] (?.>.c:iudilll![,d] l3.,.11c..l),11cu, cO\Cft'U b) the - LIO (j l L' r [f] I J [l'][ \\][ o.][ i][ 'I] ,, [Ii] , I - - ?..'.1--·-··----------·-('::\.,,l;,i:.i?• r l'U\\11t'i [;]i::N:c1.,b,,r[(,t",]'J'.i1,-.il;[,] [r][ 'I] . [ii] , [,] , [\][,cluJ11,?][li11·,1t]. - ------- '.\,cuL:.1r ------ -·· ###### __./-------·- -- - -? ... [-------] -·- , - ----- --- ----- #### 7 ?- (I) '):be pL:r?on?to represent the arc:,s within lite juri?u1ctio11of the ?L,nnor or Por t Bl:-;ir,r,Jui,icir,:.il [Hourd] in l he l'radc-,b Cr-unci' ?h,ill nc l'IU:tcd by tl.c nnn1111,tl 1or'I lt) members o:' the snit! Mun ivrpa! [Board] !rt m amc ngst thomse lves. l'rJO<?h Coun- ld :rv1n ... [11,vi.?] ###### (:!} ?llhj.:C! (0 lh.:-provi?iom of sub-par ugra phs (:3) [a11J (4),] the represcnta- altJ•. rives or a n y a re a, othfi: tl11-::11thi·_pr?u w [it][ hin] t he j [urisd] ict ron .ui: tl1c l'.t r:.t Blair ###### ,\lunic:p:tl Bou rd , [shu] l! be [clc.:ctc<J]b> an e Iec iora l colt. pe cons isi i og of the I r.,<lliutt:, t1! all t i.c J ;11,d,o)'at:, in the Ur.io n t1:11i101? [Jr,>111]• k>mu11)!:,t ,.,[the]• l'i adha ns ot 11J1.: l'a11Cl,.1) [>LIS][ in] i [hu;] arca.: - t:3) [The] repro,entative,i of an? nrea in the: N'11.:0b.1r £TOU!1 11! 1?1?11d?, other than i hc ,11:.it Nu.:.nb:1r [u][ rcu] , shul l, until Pancl.ayats a r e , u.istu utcd 111 any Trrbaareasuch area,ls in theLe - Unionelected tcrruoryby ao e Ir[le] omctoru- l;Ulllni;:,ll culk?e t hconsr-r.ngc Cu- pu-iusof l>f:,ll \!ILJ rib.JI? Captain-in tbator C.n:·1t l\1L••b,1r :trrn st,;,11. u1itd J>,1ncl1):its1t1c coo,cr?ut..;din rd:.iuon..(f)-1l:".>,pl,i11atw11[he:]10[ r..:pre:,..:n•ali\C]iu anythat1.-111area.irca,J1c1lii:,mc:.i?'>[ oftl1c]no111i11at?<.lpJ1 theq:r:.iphpcrs:.Jn by[unJ] [il,c]11110 Ccnl1pH:.tgr,q1lt:,1cp1t':,,al lio1·crurn..:1,1.nt :1.i?1Jth.1t area[:,] .. n:::?r,in 1hc:,,eui;,ti,,-;·.• l'rnoc?, : Cou11ril. ###### Ex1•/011atio11'.'. lo 'tt,is par:igr:q,h anJ in P [,r.t)!rvr>h][ 3,] the 'npr.t:,siun ··C1pt.i111-;[or Tribals''] includes •·Clue!" Capt.,in:, u! 'I', 11:lub". 3. If the Pradhan-.I or the l'.rnclrnyat,; or.,,.., 11tc CJ,'lt'. 1-.. .. 1y be.:, the C'apt.1in;.[of] N:111,111"·riun ,n Trib ... [h] tail to . ,·IL:ct. tl1u fl.!JHC?t·nt;1t1vcs ot :111v. ,ul·;;.,<.:. tlli.: Jt'Jlto<.:1ilulivt::,• ut Ill ...'I - c, fJJ ill artJ :,hull b..: 11u1ui11,1lt:Li hy [tlii.:][ Centr..il] Go,?1 nmer,1. a ri: .1, C.111 'u,.;1 b e [conctucteu]'4. The tlection,, l)Y ?,,i.: - fJ1 theJll!?)>,HI·reprc.:?ent:Hiv1;;s' h o - A·'u111111,?l?ator> - 11.ill· [br::] bylll:.1)°,[:,h<1w]b y [ ·or]r,ot1[ lw,;ds]'('1Cat1,111· allll .lll?iall. the ... uf,1'"· lcl-·-- 011,ciul G:17c\tt:, authufl)C in tlii:, bchJII. ?' - THE SECOND SCHEDULE ###### (Ser Section , X) fo1:l\l 01·' 0.\.'J'Jl 01: .\ FFJ l:.\t.\.'l'IIJ'.\' TO HI: ?I\ 1>1: IIY .\ .\l 1:.\lllt:1: 01: 'I'll 1-: 1 1:.un:::,tL (.'01 :-. c11. - J, A 13, [a] mi.:n,bL·r or tht: PrilJebh C11e11cil:,\vt:ar fur in tlicti;-: 11arn..:tJn:011of tcrritoryGuJ, of the Andarnun and N cobar h!H1d?. ilo - -- -- ---- -- th.it ###### :,Okm11ly [all,rm] •. It:?1.I ,,ill v,i11t,h,hLLI,h1:.1rla11h1.llyt111c1'1:11 I J1,d1;1r?1:fJi [1\111]ll antupl11>ld1hc :.JIILµi.incctit.Ly[ the] upon?uv..:1c:il.!111yto?ll1d1Ilic lamCH1?1i1u1i1l11[:iml] auouti11t, ?·rit,to c1111.:1."ut ,,f11,di..111,Jw as :i11Jhv l.iwth.it ###### 'l'H E 'l'll r lt l) ?c 11 EDUL E See Section !h (-l J ###### t,'oi:.,t <.H' [O.\Tlt] 01,• 1.JF.FIC.l!i 1·01: ,\. CtJl1.Ns1c1.1.u1: swear in the n ... ?e of God that will b..:ar t1ue f,1ith and ###### "1, [I\] H, [d0-----] solem11ly allirm .r .ilkgianccdi:,cli..irgetheofor th.;pc,,,:,ovcrl'.ignty,\nd:.1111.10111rnyto theui.:<.:urdancct.lu?1e:,andantiCun?t1tu11011intc/.'rityusNicuL:.ira [Couil!>c,lor]withufofblandtiIn<l,:i,th.:India10th..:Con,-1itu1ionaudusth..itbyth.,tAJm1u1:.tracorI [law]will1. \>.ille?tuLli?bcd,:intir.,,rhfullyUllthe:· <•tr1?llllaw.th1.: Unionandthal withoutturon:.c1ent1ouslyI willall upholdtc:rritorymannerfc:ar or fa, our, ;..Jh:ction or ill-wit t." .Fo1ol OF 0.i.'l'H OF SECHEC\ l!'OH .\. [Cu?s1-:LL01:] swear in the name of God -----that I will not, directly or io- ###### ''I. AB. do- ?olt:muly aflirm directly,beto[gfa11ds broughtthe exceptA<.lm1n1!>Lrntorcommunicateu11<lcr:.i:i my m..iy cuo:.iderationorbeof {evealtherequiredUr,iunto anyorfor shullper?onterrito1ythe becomeuueor ot dischargopersonsthek1,o.,.,nA11Jan1.1nanyto01·mi.:mattermya:, duties:.iuda whichCuun:,cllorNicobari..s shallsuch CuuO)\;llor." -,.,.- --1 l't:.rt..uau.s.,u"t:ho Jul?"IA.i• ..i.:i.i.s:J..,ot.iv::.+ pub.lice.c.nd .1Nioob.arton ion '/-6-1in0-o.Jvatto,t:h1;;>17? Ga.za,tt..,e.r.J .f:;:x:tx·a·i;,h<., ofa:;o,meGo• lndi11,.ropubliahud60 datedExtra.ordino.r;y,2nd in July i 197?- ----- . - 2 Under aub-stic'tion (,_}of ae ct Lcn 1 o.f' tho"· J· r?ogu.J.o. t ion ( 4 of 1979}, tho Centro .. [.l.] G-ovor1'l.lllant ###### ? 'l'"lpointod tho 15th day o:f Apri1 1981 a.a the ldate o [n] which tha so.id lwgul.o. t Lon oo.uacd into :toroe in thu Uo?• of,A &·N Islnn<ie vidt, GOI, Ministry ###### of.HoiliJ Affair's Notifioa.tion No. U-11023/1/77-UTL ciu.t?d 30th Maroh, 1981 -published in the MN Gazette .h:xtrci.ordinary No. 3 dated 10th Api?il 1 981 vid• Admn'e Notification No. 3/81/8-15/80-Leeai III da.t8d tho ?iocl:d«%a.il 10th April, 1981. ) Substituted by S• 2 of Regult?'tiotj. 1 of 1982 · · pubJ..ioh?d in li-o.:z.ette of Inct.i? ?xtraord.ina.ry, Pa.rt II, .:i?o't ion 1 t d!.l. tdd '/th 1)60uffibetr, 1 982 and cn.Ut3'3d i?to :t'oroo fro·m tho }':Lrat l)aY of J.o.nuo.r;;-, 1 983 e.e tho ###### du.t..:: a.p-pointeu by thv Cei:itro.l. G-ovt. vide thlalir Hot i:fic:1.tion No. U-11023/1 /82-UT L dntad 29-12-1982 ###### Lao.id u.nu both th1;1Lllu__:ulati0n and notif?co.ti:..,n ther•to rupubliahed 1n the AA,? Gazette ?xcra?rui.ne.ry No.164 dt. 31-12-1982. 4 :::iubat i tuted by a. 2 of Regulation No.1 o r 1 ':'Jlb1 ###### pc.Ui:,?J into :force o.t once which pub1iehed in th? L:' Ga.zett.?datod·25th o:f Maroh,Indio., .l!:xtro.ordinury,1981 :!:'a.rt II11 Dl3otion.... r •.. ###### 5 ;;lube:sti. tutod by ?o 21 of Regu?tion No.1 of 1982. 6 Sub st it o.tdd by ao of Reeulation Ho.1 of 1981. 7 Subetitute<l by ,J. 3(a?3(b, ibido 8 Subotitutod by ts. ' 4. i.bido ( - ' ... I -----

18-May-1955

25

The hindu marriage act, 1955

https://www.indiacode.nic.in/bitstream/123456789/19007/1/4%281%29.pdf

Andaman and Nicobar Islands

# THE HINDU MARRIAGE ACT, 1955 ________ ARRANGEMENT OF SECTIONS _________ PRELIMINARY SECTIONS 1. Short title and extent. 2. Application of Act. 3. Definitions. 4. Overriding effect of Act. HINDU MARRIAGES 5. Conditions for a Hindu marriage. 6. [Omitted.]. 7. Ceremonies for a Hindu marriage. 8. Registration of Hindu marriages. RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 9. Restitution of conjugal right. 10. Judicial separation. NULLITY OF MARRIAGE AND DIVORCE 11. Void marriages. 12. Voidable marriages. 13. Divorce. 13A. Alternate relief in divorce proceedings. 13B. Divorce by mutual consent. 14. No petition for divorce to be presented within one year of marriage. 15. Divorced persons when may marry again. 16. Legitimacy of children of void and voidable marriages. 17. Punishment of bigamy. 18. Punishment for contravention of certain other conditions for a Hindu marriage. JURISDICTION AND PROCEDURE 19. Court to which petition shall be presented. 20. Contents and verification of petitions. 21. Application of Act 5 of 1908. 21A. Power to transfer petitions in certain cases. 21B. Special provision relating to trial and disposal of petitions under the Act. 21C. Documentary evidence. 22. Proceedings to be in camera and may not be printed or published. 23. Decree in proceedings. 23A. Relief for respondent in divorce and other proceedings. 24. Maintenance pendente lite and expenses of proceedings. 25. Permanent alimony and maintenance. 26. Custody of children. 27. Disposal of property. 28. Appeals from decrees and orders. 28A. Enforcement of decrees and orders. 1 ----- SECTIONS 29. Savings. 30. [Repealed.]. SAVINGS AND REPEALS 2 ----- # THE HINDU MARRIAGE ACT, 1955 ACT NO. 25 OF 1955[1] An act to amend and codify the law relating to marriage among Hindus. [18th May, 1955.] BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955.** (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. **2. Application of Act.—(1) This Act applies—** (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. _Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case_ may be:— (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (b) “district court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which 1. The Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry (w.e.f 1-10-1963) with modifications by Reg. 7 of 1963, s. 3 and the Schedule I. 3 ----- may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act; (c) “full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; (d) “uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; _Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;_ (e) “prescribed” means prescribed by rules made under this Act; (f) (i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; (ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; (g) “degrees of prohibited relationship”-two persons are said to be within the “degrees of prohibited relationship”— (i) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or (iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or (iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; _Explanation.—For the purposes of clauses (f) and (g), relationship includes—_ (i) relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly. **4. Overriding effect of Act.—Save as otherwise expressly provided in this Act,—** (a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act. HINDU MARRIAGES **5. Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if** the following conditions are fulfilled, namely:— (i) neither party has a spouse living at the time of the marriage; 1[(ii) at the time of the marriage, neither party— (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or 1. Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976). 4 ----- (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity [1]***;] (iii) the bridegroom has completed the age of [2] [twenty-one years] and the bride, the age of [3][eighteen years] at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; 4* * * * * * **6. [Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978,** (2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978). **7. Ceremonies for a Hindu marriage.—(1) A Hindu marriage may be solemnized in accordance** with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. **8. Registration of Hindu marriages.—(1) For the purpose of facilitating the proof of Hindu** marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose. (2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees. (3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made. (4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee. (5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry. RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION **9. Restitution of conjugal right.—[5]** * When either the husband or the wife has, without reasonable** excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 6[Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 7* * * * * * 1. The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999). 2. Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978). 3. Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978). 4. Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 5. The brackets and figure “(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976). 6. Ins. by s. 3, ibid. (w.e.f. 27-5-1976). 7. Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976). 5 ----- **10. Judicial separation.—[1][(1) Either party to a marriage, whether solemnised before or after the** commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. NULLITY OF MARRIAGE AND DIVORCE **11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null** and void and may, on a petition presented by either party thereto [2][against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. **12. Voidable marriages.—(1) Any marriage solemnised, whether before or after the commencement** of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:— 3[(a) that the marriage has not been consummated owing to the imporence of the respondent; or] (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner [4][was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force [5][or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage— (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if— (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied— (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of [6][the said ground]. 1. Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976). 2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976). 3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976). 4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978). 5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976). 6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976). 6 ----- **13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this Act,** may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— 1[(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or 2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. _Explanation.—In this clause,—_ (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub—normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or] 3* - - - (v) has [3]* * * been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; [4]*** 5* * * * * * 6 [Explanation.—In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 7[(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground— (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [8][one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [8][one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] 1. Subs. by Act 68 of 1976, s. 7, for clause (i) (w.e.f. 27-5-1976). 2. Subs. by s. 7, ibid., for clause (iii) (w.e.f. 27-5-1976). 3. Clause (iv) omitted by Act 6 of 2019, s. 5 (w.e.f. 1-3-2019). 4. The word “or” omitted by Act 44 of 1964, s. 2, ibid. (w.e.f. 20-12-1964). 5. Clauses (viii) and (ix) omitted by s. 2, ibid. (w.e.f. 20-12-1964). 6. Ins. by Act 68 of 1976, s. 7 (w.e.f. 27-5-1976). 7. Ins. by Act 44 of 1964, s. 2 (w.e.f. 20-12-1964). 8. Subs. by Act 68 of 1976, s. 7, for “two years” (w.e.f. 27-5-1976). 7 ----- (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,— (i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 1[bestiality; or] 2 [(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; (iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. _Explanation.—This clause applies whether the marriage was solemnized before or after the_ commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).] 3[13A. Alternate relief in divorce proceedings.—In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. **13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution** of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.] **14. No petition for divorce to be presented within one year of marriage.—(1) Notwithstanding** anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [4][unless at the date of the presentation of the petition one one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [4][before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the 1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976). 2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976). 3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976). 4. Subs. by s. 9, ibid., for certain words (w.e.f. 27-5-1976). 8 ----- decree shall not have effect until after the [1][expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after [2][expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the [3][expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [4][said one year]. **15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of** divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. 5* * * * * * **6[16. Legitimacy of children of void and voidable marriages.—(1) Notwithstanding that a marriage** marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. (2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.] **17. Punishment of bigamy.—Any marriage between two Hindus solemnized after the** commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly. **18. Punishment for contravention of certain other conditions for a Hindu marriage.—Every** person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), [7][and (v)] of section 5 shall be punishable— [8][(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.] (b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; [9]* * * 10* * * * * * 1. Subs. by Act 68 of 1976, s. 9, for “expiry of three years” (w.e.f. 27-5-1976). 2. Subs. by s. 9, ibid., for “expiration of the said one year” (w.e.f. 27-5-1976). 3. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 4. Subs. by s. 9, ibid., for “said three years” (w.e.f. 27-5-1976). 5. Proviso omitted by s.10, ibid. (w.e.f. 27-5-1976). 6. Subs. by s. 11, ibid., for s. 16 (w.e.f. 27-5-1976). 7. Subs. by Act 2 of 1978, s. 6 and Schedule, for “(v) and (vi)” (w.e.f. 1-10-1978). 8. Subs. by Act 6 of 2007, s. 20 (w.e.f. 30-10-2007). 9. The word “and” omitted by Act 2 of 1978, s. 6 and Schedule (w.e.f. 1-10-1978). 10. Clause (c) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 9 ----- JURISDICTION AND PROCEDURE 1[19. Court to which petition shall be presented.—Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:— (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or 2[(iiia) in case the wife is the petitioner, wher she is residing on the date of presentation of the petition; or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.] **20. Contents and verification of petitions.—(1) Every petition presented under this Act shall state** as distinctly as the nature of the case permits the facts on which the claim to relief is founded [3][and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage. (2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. **21. Application of Act 5 of 1908.—Subject to the other provisions contained in this Act and to such** rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908. **4[21A. Power to transfer petitions in certain cases.—(1) Where—** (a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and (b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same district court or in a different district court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2). (2) In a case where sub-section (1) applies,— (a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court; (b) if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. (3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code. 1. Subs. by Act 68 of 1976, s. 12, for s. 19 (w.e.f. 27-5-1976). 2. Ins. by Act 50 of 2003, s. 4 (w.e.f. 23-12-2003). 3. Subs. by Act 68 of 1976, s. 13, for “and shall also State” (w.e.f. 27-5-1976). 4. Ins. by s. 14, ibid. (w.e.f. 27-5-1976). 10 ----- **21B. Special provision relating to trial and disposal of petitions under the Act.—(1) The trial of a** petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. **21C. Documentary evidence.—Notwithstanding anything in any enactment to the contrary, no** document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.] **1[22. Proceedings to be in camera and may not be printed or published.—(1) Every proceeding** under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court. (2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] **23. Decree in proceedings.—(1) In any proceeding under this Act, whether defended or not, if the** court is satisfied that (a) any of the grounds for granting relief exists and the petitioner [2][except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and (b) where the ground of the petition is the ground specified [3]* * * in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 2[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (c) [4][the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and (d) there has not been any unnecessary or improper delay in instituting the proceeding, and (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties: 5[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii) of sub-section (1) of section 13.] 1. Subs. by Act 68 of 1976, s. 15, for s. 22 (w.e.f. 27-5-1976). 2. Ins. by s. 16, ibid. (w.e.f. 27-5-1976). 3. The words, bracket, letter of figure “in clause (f) of sub-section (1) of section 10 or” omitted by s. 16, _ibid._ (w.e.f. 27-5-1976). 4. Subs. by s. 16, ibid., for “ the petition” (w.e.f. 27-5-1976). 5. Added by s. 16, ibid. (w.e.f. 27-5-1976). 11 ----- 2[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report. (4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.] 1[23A. Relief for respondent in divorce and other proceedings.—In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.] **24. Maintenance pendente lite and expenses of proceedings.—Where in any proceeding under this** Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable. 2[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.] **25. Permanent alimony and maintenance.—(1) Any court exercising jurisdiction under this Act** may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall [3]* * * pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant [4][the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, [5][it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just]. **26. Custody of children.—In any proceeding under this Act, the court may, from time to time, pass** such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 1. Ins by Act 68 of 1976, s. 17, (w.e.f. 27-5-1976). 2. Ins. by Act 49 of 2001, s. 8 (w.e.f. 24-9-2001). 3. The words “while the applicant remains unmarried” omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976). 4. Subs. by s. 18, ibid., for certain words. (w.e.f. 27-5-1976). 5. Subs. by s. 18, ibid., for “it shall rescind the order” (w.e.f. 27-5-1976). 12 ----- 1[Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.] **27. Disposal of property.—In any proceeding under this Act, the court may make such provisions in** the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. **2[28. Appeals from decrees and orders.—(1) All decrees made by the court in any proceeding under** this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a [3][period of ninety days] from the date of the decree or order. **28A. Enforcement of decrees and orders.—All decrees and orders made by the court in any** proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in forced.] SAVINGS AND REPEALS **29. Savings.—(1) A marriage solemnized between Hindus before the commencement of this Act,** which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste. (2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act. (3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be _null and void or for annulling or dissolving any marriage or for_ judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed. (4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act. **30. [Repeals].—Rep. by the Repealing and Amending Act, 1960 (58** _of 1960),_ _s. 2_ _and the First_ _Schedule (w.e.f. 26-12-1960)._ 1. Ins. by Act 49 of 2001, s. 9 (w.e.f. 24-9-2001). 2. Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976). 3. Subs. by Act 50 of 2003, s. 5, for “period of thirty days” (w.e.f. 23-12-2003). 13 -----

14-Sep-2001

45

The advocates welfare fund act, 2001

https://www.indiacode.nic.in/bitstream/123456789/19005/1/200145.pdf

Andaman and Nicobar Islands

# THE ADVOCATES’ WELFARE FUND ACT, 2001 __________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II CONSTITUTION OF ADVOCATES’ WELFARE FUND 3. Advocates’ Welfare Fund. CHAPTER III ESTABLISHMENT OF TRUSTEE COMMITTEE 4. Establishment of Trustee Committee. 5. Disqualifications and removal of Chairperson of Member of Trustee Committee. 6. Resignation by nominated Chairperson and Members of Trustee Committee and filling up of casual vacancy. 7. Vacancies, etc., not to invalidate proceedings of Trustee Committee. 8. Meetings of Trustee Committee. 9. Travelling daily allowances to nominated Chairperson and Members of Trustee Committee. 10. Vesting and application of Fund. 11. Functions of Trustee Committee. 12. Borrowing and investment. 13. Accounts and audit. 14. Powers and duties of Secretary. 15. Payment of certain monies to Fund by State Bar Council. CHAPTER IV RECOGNITION OF ANY ASSOCIATION OF ADVOCATES 16. Recognition by a State Bar Council of any association of advocates. 17. Duties of State Bar Associations and State Advocates’ Associations. CHAPTER V MEMBERSHIP AND PAYMENT OUT OF ADVOCATES’ WELFARE FUND 18. Membership in Fund. 19. _Ex gratia grant to a member of Fund._ 20. Review. 21. Payment of amount on cessation of practice. 22. Restriction on alienation, attachment, etc., of interest of member in Fund. 23. Exemption from income-tax. 24. Group Life Insurance for members of Fund and other benefits. 25. Appeal against decision or order of Trustee Committee. ----- CHAPTER VI PRINTING, DISTRIBUTION AND CANCELLATION OF STAMPS SECTIONS 26. Printing and distribution of Advocates’ Welfare Fund Stamps by State Bar Council. 27. Vakalatnama to bear stamps. CHAPTER VII MISCELLANEOUS 28. Certain persons not to be eligible for benefits. 29. Protection of action taken in good faith. 30. Bar of jurisdiction of civil courts. 31. Power to summon witnesses and take evidence. 32. Power to amend Schedules I and II. 33. Power of appropriate Government to issue directions. 34. Power of appropriate Government to supersede Trustee Committee. 35. Power of Central Government to make rules. 36. Power of State Government to make rules. 37. Rules and notifications to be laid before Parliament or State Legislature. 38. Saving. SCHEDULE I. SCHEDULE II. ----- # THE ADVOCATES’ WELFARE FUND ACT, 2001 # ACT NO. 45 OF 2001 [14th, September, 2001.] # An Act to provide for the constitution of a welfare fund for the benefit of advocates and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **[1. Short title, extent and commencement.—(1) This Act may be called the Advocates’ Welfare](http://indiankanoon.org/doc/137969/)** Fund Act, 2001. [(2) It extends to the whole of India.](http://indiankanoon.org/doc/916798/) [(3) It shall come into force on such date[1] as the Central Government may, by notification, appoint;](http://indiankanoon.org/doc/1316945/) and different dates may be appointed for different provisions of this Act and for different States, and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. **[2. Definitions.—In this Act, unless the context otherwise requires,—](http://indiankanoon.org/doc/1025504/)** [(a) “advocate” means an advocate whose name has been entered in the State roll prepared and](http://indiankanoon.org/doc/1175886/) maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates’ Association; [(b) “appropriate Government” means,—](http://indiankanoon.org/doc/92728/) [(i) in the case of advocates admitted on the roll of a Bar Council of a State, the State](http://indiankanoon.org/doc/231131/) Government; [(ii) in the case of advocates admitted on the roll of a Bar Council of a Union territory, the](http://indiankanoon.org/doc/509433/) Central Government; [(c) “cessation of practice” means removal of the name of an advocate from the State roll under](http://indiankanoon.org/doc/120011/) section 26A of the Advocates Act, 1961 (25 of 1961); [(d) “Chairperson” means the Chairperson of the Trustee Committee referred to in clause (a) of](http://indiankanoon.org/doc/1739027/) sub-section (3) of section 4; [(e) “chartered accountant” means a chartered accountant as defined in clause (b) of](http://indiankanoon.org/doc/1746114/) sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; [(f) “dependants” means the spouse, parents or minor children of a member of the Fund;](http://indiankanoon.org/doc/761817/) [(g) “Fund” means the Advocates’ Welfare Fund constituted under sub-section (1) of section 3;](http://indiankanoon.org/doc/1684031/) [(h) “insurer” shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act,](http://indiankanoon.org/doc/1375050/) 1938 (4 of 1938); [(i) “member of the Fund” means an advocate admitted to the benefits of the Fund and who](http://indiankanoon.org/doc/1519666/) continues to be a member thereof under the provisions of this Act; [(j) “notification” means a notification published in the Official Gazette of the appropriate](http://indiankanoon.org/doc/303427/) Government and the expression “notified” shall be construed accordingly; [(k) “prescribed” means prescribed by rules made under this Act;](http://indiankanoon.org/doc/1138471/) [(l) “Schedule” means a Schedule to this Act;](http://indiankanoon.org/doc/270836/) [(m) “scheduled bank” shall have the meaning assigned to it in clause (e) of section 2 of the](http://indiankanoon.org/doc/641151/) Reserve Bank of India Act, 1934 (2 of 1934); 1 1 b 2001 ( h l f di i S ) _d_ ifi i S O 946( ) d d 26 h S b 2001 ----- [(n) “stamp” means the Advocates’ Welfare Fund Stamp printed and distributed under](http://indiankanoon.org/doc/242122/) section 26; [(o) “State” means a State specified in the First Schedule to the Constitution and shall include a](http://indiankanoon.org/doc/1057155/) Union territory; [(p) “State Advocates’ Association” means an association of advocates in a State recognised by](http://indiankanoon.org/doc/91940/) the Bar Council of that State under section 16; [(q) “State Bar Association” means an association of advocates recognised by the Bar Council of](http://indiankanoon.org/doc/1451269/) that State under section 16; [(r) “State Bar Council” means a Bar Council referred to in section 3 of the Advocates Act, 1961](http://indiankanoon.org/doc/1828643/) (25 of 1961); [(s) “suspension of practice” means voluntary suspension of practice as an advocate or suspension](http://indiankanoon.org/doc/94117/) of an advocate by a State Bar Council for misconduct; [(t) “Trustee Committee” means the Advocates’ Welfare Fund Trustee Committee established](http://indiankanoon.org/doc/275093/) under sub-section (1) of section 4; [(u) “Vakalatnama” includes memorandum of appearance or any other document by which an](http://indiankanoon.org/doc/1707371/) advocate is empowered to appear or plead before any court, tribunal or other authority; [(v) words and expressions used and not defined in this Act but defined in the Advocates Act,](http://indiankanoon.org/doc/705794/) 1961 (25 of 1961) shall have the meanings respectively assigned to them in that Act. CHAPTER II CONSTITUTION OF ADVOCATES’ WELFARE FUND **[3. Advocates’ Welfare Fund.—(1) The appropriate Government shall constitute a fund to be called](http://indiankanoon.org/doc/994939/)** the “Advocates’ Welfare Fund”. [(2) There shall be credited to the Fund—](http://indiankanoon.org/doc/993351/) [(a) all amounts paid by a State Bar Council under section 15;](http://indiankanoon.org/doc/425816/) [(b) any other contribution made by a State Bar Council;](http://indiankanoon.org/doc/551161/) [(c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any](http://indiankanoon.org/doc/699794/) State Bar Association, any State Advocates’ Association or other association or institution, or any advocate or other person; [(d) any grant which may be made by the Central Government or a State Government to the Fund](http://indiankanoon.org/doc/1613789/) after due appropriation made in this behalf; [(e) any sums borrowed under section 12;](http://indiankanoon.org/doc/1071694/) [(f) all sums collected under section 18;](http://indiankanoon.org/doc/1998332/) [(g) all sums received from the Life Insurance Corporation of India or any other insurer on the](http://indiankanoon.org/doc/44927/) death of any member of the Fund under any Group Insurance Policy; [(h) any profit or dividend or refund received from the Life Insurance Corporation of India or any](http://indiankanoon.org/doc/1774904/) other insurer in respect of policies of Group Insurance of the members of the Fund; [(i) any interest or dividend or other return on any investment made out of any part of the Fund;](http://indiankanoon.org/doc/1581621/) [(j) all sums collected by way of sale of stamps under section 26.](http://indiankanoon.org/doc/1832903/) [(3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such](http://indiankanoon.org/doc/1395163/) intervals and in such manner, as may be prescribed. CHAPTER III ESTABLISHMENT OF TRUSTEE COMMITTEE **[4. Establishment of Trustee Committee.—(1) With effect from such date as the appropriate](http://indiankanoon.org/doc/1813177/)** Government may, by notification, appoint in this behalf, there shall be established a Trustee Committee to be called the “Advocates’ Welfare Fund Trustee Committee” ----- [(2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal](http://indiankanoon.org/doc/135712/) with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued. [(3) The Trustee Committee shall consist of—](http://indiankanoon.org/doc/382337/) (a) the Advocate-General of a State - Chairperson, ex officio: Provided that where there is no Advocate-General of a State, the appropriate Government shall nominate a senior advocate to be a chairperson; (b) the Secretary to the appropriate Government in its Law Department or Ministry (c) the Secretary to the appropriate Government in its Home Department or Ministry - Member, ex officio; - Member, ex officio; (d) the Chairman of the State Bar Council - Member, ex officio; (e) the Government Pleader or the Public Prosecutor, as may be nominated by the appropriate Government (f) two advocates to be nominated by the State Bar Council - Member; - Member; (g) the Secretary of the State Bar Council - Secretary, ex officio. (4) The Chairperson nominated under the proviso to clause (a) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office. [(5) Every Member of the Trustee Committee nominated under clause (e) or clause (f) of](http://indiankanoon.org/doc/1900178/) sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office. **[5. Disqualifications and removal of Chairperson or Member of Trustee Committee.—(1) The](http://indiankanoon.org/doc/651084/)** appropriate Government shall remove from office the Chairperson or any Member of the Trustee Committee, who— [(a) is, or at any time has been, adjudged as an insolvent; or](http://indiankanoon.org/doc/606256/) [(b) has become physically or mentally incapable of acting as the Chairperson or a Member of the](http://indiankanoon.org/doc/835206/) Trustee Committee; or [(c) has been convicted of an offence which, in the opinion of the appropriate Government,](http://indiankanoon.org/doc/91553/) involves moral turpitude; or [(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as](http://indiankanoon.org/doc/968176/) the Chairperson or a Member of the Trustee Committee; or [(e) has so abused his position as to render his continuation in office detrimental to the public](http://indiankanoon.org/doc/11213/) interest; or [(f) is, or at any time has been, absent without leave of the Trustee Committee for more than three](http://indiankanoon.org/doc/830213/) consecutive meetings of the Trustee Committee: Provided that the Trustee Committee may, on sufficient ground, condone the absence of such Chairperson or Member. [(2) No such Chairperson or Member of the Trustee Committee shall be removed under clause (d) or](http://indiankanoon.org/doc/1776707/) clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard. **[6. Resignation by nominated Chairperson and Members of Trustee Committee and filling up of](http://indiankanoon.org/doc/1729276/)** **[casual vacancy.—(1) The Chairperson referred to in sub-section (4) of section 4 or a Member nominated](http://indiankanoon.org/doc/460869/)** under clause (e) of sub-section (3) of that section may resign his office by giving three months’ notice in writing to the appropriate Government and on such resignation being accepted by the appropriate ----- [(2) A Member nominated under clause (f) of sub-section (3) of section 4 may resign his office by](http://indiankanoon.org/doc/85284/) giving three months’ notice in writing to the State Bar Council and on such resignation being accepted by the State Bar Council such Member shall vacate his office. [(3) A casual vacancy in the office of the Chairperson or a Member referred to in sub-section (1) who](http://indiankanoon.org/doc/1115223/) has resigned may be filled up, as soon as may be, by the appropriate Government and the Chairperson or a Member so nominated shall hold office only so long as the Chairperson or the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur. [(4) A casual vacancy in the office of a Member referred to in sub-section (2) who has resigned may](http://indiankanoon.org/doc/1721154/) be filled up, as soon as may be, by the State Bar Council and a Member so nominated shall hold office only so long as the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur. **[7. Vacancies, etc., not to invalidate proceedings of Trustee Committee.—No act or proceeding of](http://indiankanoon.org/doc/1079934/)** the Trustee Committee shall be invalid merely by reason of— [(a) any vacancy in, or any defect in the constitution of, the Trustee Committee; or](http://indiankanoon.org/doc/260332/) [(b) any defect or irregularity in the nomination of a person acting as the Chairperson or a Member](http://indiankanoon.org/doc/782423/) of the Trustee Committee; or [(c) any irregularity in the procedure of the Trustee Committee not affecting the merits of the case.](http://indiankanoon.org/doc/1979188/) **[8. Meetings of Trustee Committee.—(1) The Trustee Committee shall meet at least once in every](http://indiankanoon.org/doc/1460280/)** three calendar months and at least four such meetings shall be held in every year to transact business under this Act and the rules made thereunder. [(2) Three Members of the Trustee Committee shall form the quorum for a meeting of the Trustee](http://indiankanoon.org/doc/682790/) Committee. [(3) The Chairperson of the Trustee Committee or, if for any reason, he is unable to attend a meeting](http://indiankanoon.org/doc/851608/) of the Trustee Committee, any other Member chosen by the Members of the Trustee Committee present from amongst themselves at the meeting shall preside at the meeting. [(4) All questions which come up in a meeting of the Trustee Committee shall be decided by a](http://indiankanoon.org/doc/1013515/) majority vote of the Members of the Trustee Committee present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the Member of the Trustee Committee presiding, shall have a second or casting vote. **[9. Travelling and daily allowances to nominated Chairperson and Members of Trustee](http://indiankanoon.org/doc/118602/)** **Committee.—The Chairperson referred to in sub-section (4) of section 4 and Members of the Trustee** Committee referred to in clauses (e) and (f) of sub-section (3) of that section shall be entitled to be paid such travelling and daily allowances as are admissible to the members of the State Bar Council. **[10. Vesting and application of Fund.—The Fund shall vest in, and be held and applied by, the](http://indiankanoon.org/doc/280059/)** Trustee Committee subject to the provisions, and for the purposes, of this Act. **[11. Functions of Trustee Committee.—(1) Subject to the provisions of this Act and any other law](http://indiankanoon.org/doc/1536019/)** for the time being in force, the Trustee Committee shall administer the Fund. [(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Trustee](http://indiankanoon.org/doc/1790093/) Committee shall— [(a) hold the amounts and assets belonging to the Fund in trust;](http://indiankanoon.org/doc/594813/) [(b) receive applications for admission or re-admission as members to the Fund, and dispose of](http://indiankanoon.org/doc/124898/) such applications within ninety days from the date of receipt thereof; [(c) receive applications from the members of the Fund, their nominees or legal heirs, as the case](http://indiankanoon.org/doc/1667276/) may be, for payment out of the Fund, conduct such enquiry as it deems necessary and dispose of the applications within five months from the date of receipt thereof; [(d) record in the minutes book of the Trustee Committee, its decisions on the applications;](http://indiankanoon.org/doc/329433/) [(e) pay to the members of the Fund or their nominees or legal heirs, as the case may be, the](http://indiankanoon.org/doc/8304/) amounts at the rates specified in Schedule I; ----- [(f) send such periodical and annual reports as may be prescribed, to the appropriate Government](http://indiankanoon.org/doc/1898182/) and the State Bar Council; [(g) communicate to the applicants, by registered post with acknowledgment due or through](http://indiankanoon.org/doc/1237931/) electronic mode, the decisions of the Trustee Committee in respect of applications for admission or re-admission as members to the Fund or claims to the benefit of the Fund; [(h) do such other acts as are, or may be, required to be done under this Act and the rules made](http://indiankanoon.org/doc/648475/) thereunder. **[12. Borrowing and investment.—(1) The Trustee Committee may, with the prior approval of the](http://indiankanoon.org/doc/888735/)** appropriate Government and the State Bar Council, borrow, from time to time, any sum required for carrying out the purposes of this Act. [(2) The Trustee Committee shall deposit all monies and receipts forming part of the Fund in any](http://indiankanoon.org/doc/1005674/) scheduled bank or invest the same in debt instruments of any corporation owned or controlled by the appropriate Government or in loans floated by the appropriate Government or in any other manner as the State Bar Council may, from time to time, direct with the prior approval of the appropriate Government. [(3) All amounts due and payable under this Act and all expenditure relating to the management and](http://indiankanoon.org/doc/826364/) administration of the Fund shall be paid out of the Fund. **[13. Accounts and audit.—(1) The Trustee Committee shall maintain proper accounts and other](http://indiankanoon.org/doc/302261/)** relevant records and prepare an annual statement of accounts and annual report in such form and in such manner as may be prescribed. [(2) The accounts of the Trustee Committee shall be audited annually by a chartered accountant](http://indiankanoon.org/doc/1322112/) appointed by the State Bar Council. [(3) The accounts of the Trustee Committee as audited by the chartered accountant together with his](http://indiankanoon.org/doc/1847670/) audit report shall be forwarded to the State Bar Council by that Committee and the State Bar Council may issue such directions, as it deems fit, to the Trustee Committee in respect thereof. [(4) The Trustee Committee shall comply with the directions issued by the State Bar Council under](http://indiankanoon.org/doc/1124999/) sub-section (3). [(5) The Trustee Committee shall pay from the Fund the charges for the audit as may be fixed by the](http://indiankanoon.org/doc/1102457/) State Bar Council. **[14. Powers and duties of Secretary.—The Secretary of the Trustee Committee shall—](http://indiankanoon.org/doc/553828/)** [(a) be the chief executive authority of the Trustee Committee and responsible for carrying out its](http://indiankanoon.org/doc/1152543/) decisions; [(b) represent the Trustee Committee in all suits and proceedings for and against the Trustee](http://indiankanoon.org/doc/1056279/) Committee; [(c) authenticate by his signature all decisions and instruments of the Trustee Committee;](http://indiankanoon.org/doc/695863/) [(d) operate bank account of the Trustee Committee jointly with the Chairperson;](http://indiankanoon.org/doc/586700/) [(e) convene meetings of the Trustee Committee and prepare minutes of such meetings;](http://indiankanoon.org/doc/298835/) [(f) attend meetings of the Trustee Committee with all the necessary records and information;](http://indiankanoon.org/doc/1293071/) [(g) maintain such forms, registers and other records as may be prescribed from time to time and](http://indiankanoon.org/doc/382958/) do all correspondence relating to the Trustee Committee; [(h) prepare an annual statement of business transacted by the Trustee Committee during a](http://indiankanoon.org/doc/1595157/) financial year; [(i) do such other acts as are or may be directed by the Trustee Committee and the State Bar](http://indiankanoon.org/doc/412421/) Council. **[15. Payment of certain monies to Fund by State Bar Council.—The State Bar Council shall pay to](http://indiankanoon.org/doc/1376637/)** the Fund annually an amount equal to twenty per cent. of the enrolment fee received by it under clause (f) of section 24 of the Advocates Act, 1961 (25 of 1961). ----- CHAPTER IV RECOGNITION OF ANY ASSOCIATION OF ADVOCATES **[16. Recognition by a State Bar Council of any association of advocates.—(1) Any association of](http://indiankanoon.org/doc/973907/)** advocates known by any name which is registered as an association before the date of commencement of this Act may, before the date to be notified by a State Bar Council in this behalf, apply for recognition to the State Bar Council in such form as may be prescribed. [(2) Any association of advocates known by any name which is registered as an association on or after](http://indiankanoon.org/doc/1833395/) the date of commencement of this Act may, within three months from the date of its registration as an association, apply for recognition to the State Bar Council in such form as may be prescribed. [(3) Every application for recognition under sub-section (1) or sub-section (2) shall be accompanied](http://indiankanoon.org/doc/1327058/) by,— [(a) a copy of the rules or bye-laws of the association;](http://indiankanoon.org/doc/1451263/) [(b) names and addresses of office bearers of the association;](http://indiankanoon.org/doc/991030/) [(c) a list of members of the association containing the name, address, age, enrolment number and](http://indiankanoon.org/doc/1426091/) date of enrolment with the State Bar Council and the ordinary place of practice of each member. [(4) The State Bar Council may, after such enquiry as it deems necessary, recognise the association](http://indiankanoon.org/doc/365671/) and issue a certificate of recognition in such form as may be prescribed. [(5) The decision of the State Bar Council on any matter regarding recognition of an association under](http://indiankanoon.org/doc/791540/) sub-section (4) shall be final. _Explanation.—In this section, “registered” means registered or deemed to be registered under the_ Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force. **[17. Duties of State Bar Associations and State Advocates’ Associations.—(1) Every State Bar](http://indiankanoon.org/doc/333809/)** Association and State Advocates’ Association shall, on or before the 15th day of April of every year, furnish to the State Bar Council a list of its members as on the 31st day of March of that year. [(2) Every State Bar Association and State Advocates’ Association shall inform the State Bar Council](http://indiankanoon.org/doc/509088/) of— [(a) any change in the membership including admissions and re-admissions within thirty days of](http://indiankanoon.org/doc/1180845/) such change; [(b) the death or other cessation of practice or voluntary suspension of practice of any of its](http://indiankanoon.org/doc/149076/) members within thirty days from the date of occurrence thereof; [(c) such other matters as may be required by the State Bar Council from time to time.](http://indiankanoon.org/doc/274337/) CHAPTER V MEMBERSHIP AND PAYMENT OUT OF ADVOCATES’ WELFARE FUND **[18. Membership in Fund.—(1) Every advocate practising, before the commencement of this Act, in](http://indiankanoon.org/doc/170692/)** any court, tribunal or other authority in a State and being a member of a State Bar Association or a State Advocates’ Association in that State, shall apply, within six months of the commencement of this Act, to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed. [(2) Every person,—](http://indiankanoon.org/doc/306070/) [(a) admitted as an advocate on the roll of a State Bar Council, after the commencement of this](http://indiankanoon.org/doc/1907878/) Act; [(b) practising in any court, tribunal or other authority in a State and being a member of a State](http://indiankanoon.org/doc/722091/) Bar Association or a State Advocates’ Association in that State, shall apply, within six months of his enrolment as an advocate, to the Trustee Committee, for admission as a member of the Fund in such form as may be prescribed. ----- [(3) On receipt of an application under sub-section (1) or sub-section (2), the Trustee Committee shall](http://indiankanoon.org/doc/423641/) make such enquiry as it deems fit and either admit the applicant to the Fund or, for reasons to be recorded in writing, reject the application: Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. [(4) Every applicant shall pay an application fee of two hundred rupees along with the application to](http://indiankanoon.org/doc/1886262/) the account of the Trustee Committee. [(5) Every advocate, being a member of the Fund, shall pay an annual subscription of fifty rupees to](http://indiankanoon.org/doc/1361235/) the Fund on or before the 31st day of March of every year: Provided that every advocate, who makes an application under sub-section (1) or sub-section (2), shall pay his first annual subscription within three months of his becoming a member of the Fund: Provided further that a senior advocate shall pay an annual subscription of one thousand rupees. [(6) Any member of the Fund, who fails to pay the annual subscription for any year before the](http://indiankanoon.org/doc/1508129/) 31st day of March of that year, shall be liable to be removed from the membership in the Fund. [(7) A member of the Fund removed from the membership in the Fund under sub-section (6) may be](http://indiankanoon.org/doc/1211871/) re-admitted to the Fund, on payment of arrears along with re-admission fee of ten rupees, within six months from the date of such removal. [(8) Every member of the Fund shall, at the time of admission to the membership in the Fund, make](http://indiankanoon.org/doc/1601000/) nomination conferring on one or more of his dependants the right to receive, in the event of his death, any amount payable to the member under this Act. [(9) If a member of the Fund nominates more than one person under sub-section (8), he shall specify in](http://indiankanoon.org/doc/121423/) the nomination, the amount or share payable to each of the nominees. [(10) A member of the Fund may, at any time, cancel a nomination by sending a notice in writing to](http://indiankanoon.org/doc/235310/) the Trustee Committee. [(11) Every member of the Fund, who cancels his nomination under sub-section (10), shall make a](http://indiankanoon.org/doc/636250/) fresh nomination along with registration fee of five rupees. [(12) Every member of the Fund, whose name has been removed from the State roll under section 26A](http://indiankanoon.org/doc/1880923/) of the Advocates Act, 1961 (25 of 1961), or who voluntarily suspends practice, shall, within fifteen days of such removal or suspension, intimate such removal or suspension to the Trustee Committee and if any member of the Fund fails to do so without sufficient reason, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act. **[19. Ex gratia grant to a member of Fund.—The Trustee Committee on an application made to it by](http://indiankanoon.org/doc/1315556/)** a member of the Fund, and after being satisfied about the genuineness of the claim, may allow ex gratia grant to such member from the Fund— [(a) in the case of his hospitalisation or involving major surgical operation; or](http://indiankanoon.org/doc/1365713/) [(b) if he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from](http://indiankanoon.org/doc/649695/) such other serious disease or disability. **[20. Review.—The Trustee Committee may, on its own motion or on an application received from any](http://indiankanoon.org/doc/1601043/)** person interested, within ninety days of the passing of any order by it under the provisions of this Act, review such order, if it was passed under any mistake, whether of fact or of law or in ignorance of any material fact: Provided that the Trustee Committee shall not pass any order under this section adversely affecting any person unless such person has been given an opportunity of being heard. **[21. Payment of amount on cessation of practice.—(1) Every advocate who has been a member of](http://indiankanoon.org/doc/1735807/)** the Fund for a period of not less than five years shall, on his cessation of practice, be paid an amount at the rate specified in Schedule I: Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of five years from the date of his admission as a member of such Fund as a result of any ----- permanent disability, the Trustee Committee may pay such member an amount at the rate specified in Schedule I. [(2) Where a member of the Fund dies before receiving the amount payable under sub-section (1), his](http://indiankanoon.org/doc/1116303/) nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund. **[22. Restriction on alienation, attachment, etc., of interest of member in Fund.—(1) The interest](http://indiankanoon.org/doc/734553/)** of any member in the Fund, or the right of a member of the Fund or his nominee or legal heir to receive any amount from the Fund, shall not be assigned, alienated, or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority. [(2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member of](http://indiankanoon.org/doc/340365/) the Fund or his nominee or legal heir. _Explanation.—For the purposes of this section, “creditor” includes the State or an official assignee or_ official receiver appointed under the law relating to insolvency for the time being in force. **[23. Exemption from income-tax.—Notwithstanding anything contained in the Income-tax Act, 1961](http://indiankanoon.org/doc/219519/)** (43 of 1961) or any other enactment for the time being in force relating to tax on income, profits or gains, [the income accrued to the Fund constituted under sub-section (1) of section 3 shall be exempt from](http://indiankanoon.org/doc/411695/) income-tax. **[24. Group Life Insurance for members of Fund and other benefits.—The Trustee Committee](http://indiankanoon.org/doc/252553/)** may, for the welfare of the members of the Fund,— [(a) obtain, from the Life Insurance Corporation of India or any other insurer, policies of Group](http://indiankanoon.org/doc/764267/) Insurance on the life of the members of the Fund; or [(b) provide, in such manner as may be prescribed, for medical and educational facilities for the](http://indiankanoon.org/doc/366086/) members of the Fund and their dependants; or [(c) provide monies to the members of the Fund for purchase of books; or](http://indiankanoon.org/doc/1802514/) [(d) provide monies to construct or maintain common facilities for the members of the Fund:](http://indiankanoon.org/doc/1312960/) Provided that the Trustee Committee shall spend ten per cent. of the total annual subscription received under sub-section (5) of section 18 on the construction or maintenance of common facilities for the members of the Fund practising in the subordinate courts; or [(e) provide funds for any other purpose which the Trustee Committee may specify; or](http://indiankanoon.org/doc/1948895/) [(f) provide for such other benefits as may be prescribed.](http://indiankanoon.org/doc/719846/) **[25. Appeal against decision or order of Trustee Committee.—(1) An appeal against any decision](http://indiankanoon.org/doc/756041/)** or order of the Trustee Committee shall lie to the State Bar Council. [(2) The appeal shall be in the prescribed form and shall be accompanied by—](http://indiankanoon.org/doc/1311285/) [(a) a copy of the decision or order appealed against;](http://indiankanoon.org/doc/1567622/) [(b) a receipt evidencing payment of twenty-five rupees to the credit of the State Bar Council in](http://indiankanoon.org/doc/236040/) any of the branches of a scheduled bank. [(3) The appeal shall be filed within thirty days from the date of receipt of the decision or order](http://indiankanoon.org/doc/1521229/) appealed against. [(4) The decision of the State Bar Council on such appeal shall be final.](http://indiankanoon.org/doc/1909060/) CHAPTER VI PRINTING, DISTRIBUTION AND CANCELLATION OF STAMPS **[26. Printing and distribution of Advocates’ Welfare Fund Stamps by State Bar Council.—](http://indiankanoon.org/doc/393843/)** [(1) The appropriate Government shall, on a request made by the State Bar Council in this behalf, cause to](http://indiankanoon.org/doc/1165942/) be printed and distributed Advocates’ Welfare Fund Stamps of the value of five rupees or such other value, which may be prescribed, inscribing therein “Advocates’ Welfare Fund Stamp”, in such design as may be prescribed. ----- [(2) Every stamp referred to in sub-section (1) shall be of the size 2.54 c.m. by 5.08 c.m. and sold to](http://indiankanoon.org/doc/594221/) the advocates. [(3) The custody of the stamps shall be with the State Bar Council.](http://indiankanoon.org/doc/1743602/) [(4) The State Bar Council shall control the distribution and sale of the stamps through the State Bar](http://indiankanoon.org/doc/1573463/) Associations and the State Advocates’ Associations. [(5) The State Bar Council, the State Bar Associations and the State Advocates’ Associations shall](http://indiankanoon.org/doc/615489/) keep proper accounts of the stamps in such form and manner as may be prescribed. [(6) The State Bar Associations and State Advocates’ Associations shall purchase the stamps from the](http://indiankanoon.org/doc/1970535/) State Bar Council after paying the value thereof as reduced by ten per cent. of such value towards incidental expenses. **[27. Vakalatnama to bear stamps.—(1) Every advocate shall affix stamp of a value of—](http://indiankanoon.org/doc/1297323/)** [(a) five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the](http://indiankanoon.org/doc/807632/) District Court; [(b) ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court](http://indiankanoon.org/doc/138684/) or the Supreme Court: Provided that the appropriate Government may prescribe the value of the stamps not exceeding twenty-five rupees to be affixed under this sub-section: Provided further that the appropriate Government may prescribe different value of the stamps to be affixed on every Vakalatnama to be filed in a District Court, or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court. [(2) The value of the stamp shall neither be the cost in a case nor be collected in any event from the](http://indiankanoon.org/doc/1366023/) client. [(3) Any contravention of the provisions of sub-section (1) or sub-section (2) by any advocate shall](http://indiankanoon.org/doc/814569/) disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall report such contravention to the State Bar Council for appropriate action. [(4) Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to](http://indiankanoon.org/doc/1838712/) the District Court or a tribunal or other authority or a High Court or the Supreme Court shall be cancelled in such manner as may be prescribed. CHAPTER VII MISCELLANEOUS **[28. Certain persons not to be eligible for benefits.—No senior advocate, or a person in receipt of](http://indiankanoon.org/doc/460271/)** pension from the Central Government or a State Government, shall be entitled to _ex gratia grant under_ section 19 or payment of amount on his cessation of practice under section 21 or any benefit under [clause (a) or clause (b) or clause (c) of section 24.](http://indiankanoon.org/doc/13528763/) **[29. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall](http://indiankanoon.org/doc/686241/)** lie against the appropriate Government or the Trustee Committee or the Chairperson or a Member or the Secretary of the Trustee Committee or the State Bar Council or any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **[30. Bar of jurisdiction of civil courts.—No civil court shall have jurisdiction to settle, decide or deal](http://indiankanoon.org/doc/1855537/)** with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the State Bar Council. **[31. Power to summon witnesses and take evidence.—The Trustee Committee and the State Bar](http://indiankanoon.org/doc/1657638/)** Council shall, for the purpose of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— [(a) enforcing the attendance of any person or examining him on oath;](http://indiankanoon.org/doc/1391975/) [(b) requiring the discovery and production of documents;](http://indiankanoon.org/doc/1709937/) [(c) receiving evidence on affidavit;](http://indiankanoon.org/doc/1232188/) ----- [(e) any other matter which may be prescribed.](http://indiankanoon.org/doc/1447048/) **[32. Power to amend Schedules I and II.—(1) The appropriate Government may, on the](http://indiankanoon.org/doc/1257602/)** recommendation of the Trustee Committee, by notification, and having due regard to the availability of the amount in the Fund, amend the rates specified in Schedule I. [(2) The Central Government may, as and when considered necessary, by notification, amend](http://indiankanoon.org/doc/1522699/) Schedule II. **[33. Power of appropriate Government to issue directions.—(1) Without prejudice to the generality](http://indiankanoon.org/doc/1289634/)** of the foregoing provisions of this Act, the Trustee Committee shall, in exercise of the powers or the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to professional and administrative matters, as the appropriate Government may give in writing to it from time to time: Provided that the Trustee Committee shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. [(2) The decision of the appropriate Government, whether a question is one of policy or not, shall be](http://indiankanoon.org/doc/727078/) final. **[34. Power of appropriate Government to supersede Trustee Committee.—(1) If at any time the](http://indiankanoon.org/doc/1715270/)** appropriate Government is of the opinion— [(a) that, on account of circumstances beyond the control of the Trustee Committee, it is unable to](http://indiankanoon.org/doc/1002006/) discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or [(b) that the Trustee Committee has persistently defaulted in complying with any direction given](http://indiankanoon.org/doc/1384078/) by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or [(c) that circumstances exist which render it necessary in the public interest so to do,](http://indiankanoon.org/doc/1727411/) the appropriate Government may, by notification and for reasons to be specified therein, supersede the Trustee Committee for such period, not exceeding six months, as may be specified in the notification and appoint, in consultation with the Chief Justice of the High Court having jurisdiction, a Judge of the High Court to be the Controller of the Trustee Committee: Provided that before issuing any such notification, the appropriate Government shall give a reasonable opportunity to the Trustee Committee to make representations against the proposed supersession and shall consider the representations, if any, of the Trustee Committee. [(2) Upon the publication of a notification under sub-section (1) superseding the Trustee](http://indiankanoon.org/doc/1695203/) Committee,— [(a) the Chairperson, Members and the Secretary of the Trustee Committee shall, as from the date](http://indiankanoon.org/doc/1743052/) of supersession, vacate their offices as such; [(b) all powers, functions and duties which may, by or under the provisions of this Act, be](http://indiankanoon.org/doc/1428262/) exercised or discharged by or on behalf of the Trustee Committee shall, until the Trustee Committee is reconstituted under sub-section (3), be exercised and discharged by the Controller of the Trustee Committee; and [(c) all properties and Fund owned or controlled by the Trustee Committee shall, until the Trustee](http://indiankanoon.org/doc/547813/) Committee is reconstituted under sub-section (3), vest in the appropriate Government. [(3) On or before the expiration of the period of supersession specified in the notification issued under](http://indiankanoon.org/doc/522230/) sub-section (1), the appropriate Government shall reconstitute the Trustee Committee by a fresh appointment of its Chairperson, Members and Secretary of such Committee and in such case a person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment. [(4) The appropriate Government shall cause a copy of the notification issued under sub-section (1)](http://indiankanoon.org/doc/1690610/) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament or before each House of the State Legislature, where it consists of two Houses or where such Legislature consists of one House, before that House, as the case may be, at the ----- **[35. Power of Central Government to make rules.—(1) The Central Government, being the](http://indiankanoon.org/doc/691428/)** appropriate Government, may, by notification, make rules for carrying out the provisions of this Act. [(2) In particular, and without prejudice to the generality of the foregoing power, such rules may](http://indiankanoon.org/doc/1759030/) provide for all or any of the following matters, namely:— [(a) the periodical and annual reports to be sent under clause (f) of section 11;](http://indiankanoon.org/doc/33416/) [(b) the form and the manner in which the annual statement of accounts and annual report shall be](http://indiankanoon.org/doc/79508/) prepared under sub-section (1) of section 13; [(c) the forms, registers and other records to be maintained under clause (g) of section 14;](http://indiankanoon.org/doc/1898555/) [(d) the form in which an association of advocates may apply for recognition to the State Bar](http://indiankanoon.org/doc/989604/) Council under sub-section (1) or sub-section (2) of section 16; [(e) the form in which a certificate of recognition shall be issued by the State Bar Council under](http://indiankanoon.org/doc/1164437/) sub-section (4) of section 16; [(f) the form in which an advocate shall apply for admission as a member of the Fund under](http://indiankanoon.org/doc/86565/) sub-section (1) or sub-section (2) of section 18; [(g) the principles in accordance with which the amount payable to a member of the Fund be](http://indiankanoon.org/doc/1889503/) reduced under sub-section (12) of section 18; [(h) the manner of providing medical and educational facilities for the members of the Fund and](http://indiankanoon.org/doc/1344779/) their dependants under clause (b) of section 24; [(i) the other benefits to be provided under clause (f) of section 24;](http://indiankanoon.org/doc/27812/) [(j) the form of appeal under sub-section (2) of section 25;](http://indiankanoon.org/doc/385621/) [(k) the value and design of stamps to be printed and distributed under sub-section (1) of](http://indiankanoon.org/doc/691409/) section 26; [(l) the form and the manner in which accounts of the stamps shall be kept under sub-section (5) of](http://indiankanoon.org/doc/1071032/) section 26; [(m) the value of stamps not exceeding twenty-five rupees as may be prescribed under the first](http://indiankanoon.org/doc/1079703/) proviso to sub-section (1) of section 27; [(n) the value of stamps to be affixed on every Vakalatnama under the second proviso to](http://indiankanoon.org/doc/566736/) sub-section (1) of section 27; [(o) the manner of cancellation of stamps under sub-section (4) of section 27;](http://indiankanoon.org/doc/122245/) [(p) any other matter which is to be, or may be, prescribed.](http://indiankanoon.org/doc/1938569/) **[36. Power of State Government to make rules.—(1) The State Government, being the appropriate](http://indiankanoon.org/doc/1645991/)** Government, may, by notification, make rules for carrying out the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government. [(2) In particular and without prejudice to the generality of the foregoing power, such rules may](http://indiankanoon.org/doc/476985/) provide for all or any of the following matters, namely:— [(a) the periodical and annual reports to be sent under clause (f) of section 11;](http://indiankanoon.org/doc/1101665/) [(b) the form and the manner in which the annual statement of accounts and annual report shall be](http://indiankanoon.org/doc/592632/) prepared under sub-section (l) of section 13; [(c) the forms, registers and other records to be maintained under clause (g) of section 14;](http://indiankanoon.org/doc/1680635/) [(d) the form in which an association of advocates may apply for recognition to the State Bar](http://indiankanoon.org/doc/1673863/) Council under sub-section (1) or sub-section (2) of section 16; [(e) the form in which a certificate of recognition shall be issued by the State Bar Council under](http://indiankanoon.org/doc/217425/) sub-section (4) of section 16; [(f) the form in which an advocate shall apply for admission as a member of the Fund under](http://indiankanoon.org/doc/961267/) sub-section (1) or sub-section (2) of section 18; ----- [(g) the principles in accordance with which the amount payable to a member of the Fund be](http://indiankanoon.org/doc/472021/) reduced under sub-section (12) of section 18; [(h) the manner of providing medical and educational facilities for the members of the Fund and](http://indiankanoon.org/doc/1840969/) their dependants under clause (b) of section 24; [(i) the other benefits to be provided under clause (f) of section 24;](http://indiankanoon.org/doc/1731531/) [(j) the form of appeal under sub-section (2) of section 25;](http://indiankanoon.org/doc/1607807/) [(k) the value and design of stamps to be printed and distributed under sub-section (1) of](http://indiankanoon.org/doc/163151/) section 26; [(l) the form and the manner in which accounts of the stamps shall be kept under sub-section (5) of](http://indiankanoon.org/doc/408211/) section 26; [(m) the value of stamps not exceeding twenty-five rupees as may be prescribed under the first](http://indiankanoon.org/doc/430970/) proviso to sub-section (1) of section 27; [(n) the value of stamps to be affixed on every Vakalatnama under the second proviso to](http://indiankanoon.org/doc/1882987/) sub-section (1) of section 27; [(o) the manner of cancellation of stamps under sub-section (4) of section 27;](http://indiankanoon.org/doc/45867/) [(p) any other matter which is to be or may be prescribed.](http://indiankanoon.org/doc/667222/) **[37. Rules and notifications to be laid before Parliament or State Legislature.—(1) Every rule](http://indiankanoon.org/doc/1482702/)** made under this Act by the Central Government and every notification issued under section 32, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. [(2) Every rule made under this Act by a State Government and every notification issued under section](http://indiankanoon.org/doc/1495842/) 32 shall be laid, as soon as may be after it is made, before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **[38. Saving.—The provisions of this Act shall not apply to the States in which the enactments](http://indiankanoon.org/doc/69343/)** specified in Schedule II are applicable. ----- SCHEDULE I [See sections 21(1) and 32(1)] Number of years as member of the Fund Rate at which amount payable (1) (2) 30 … Rs. 30,000 29 … Rs. 29,000 28 … Rs. 28,000 27 … Rs. 27,000 26 … Rs. 26,000 25 … Rs. 25,000 24 … Rs. 24,000 23 … Rs. 23,000 22 … Rs. 22,000 21 … Rs. 21,000 20 … Rs. 20,000 19 … Rs. 19,000 18 … Rs. 18,000 17 … Rs. 17,000 16 … Rs. 16,000 15 … Rs. 15,000 14 … Rs. 14,000 13 … Rs. 13,000 12 … Rs. 12,000 11 … Rs. 11,000 10 … Rs. 10,000 9 … Rs. 9,000 8 … Rs. 8,000 7 … Rs. 7,000 6 … Rs. 6,000 5 … Rs. 5,000 4 … Rs. 4,000 3 … Rs. 3,000 2 … Rs. 2,000 1 … Rs. 1,000 ----- SCHEDULE II [See sections 32(2) and 38] 1. The Uttar Pradesh Advocates’ Welfare Fund Act, 1974 (6 of 1974). 2. The Bihar State Advocates’ Welfare Fund Act, 1983 (16 of 1983). 3. The Madhya Pradesh Adhivakata Kalyan Nidhi Adhiniyam, 1982 (9 of 1982). 4. The Andhra Pradesh Advocates’ Welfare Fund Act, 1987 (33 of 1987). 5. The Orissa Advocates’ Welfare Fund Act, 1987 (18 of 1987). 6. The Rajasthan Advocates’ Welfare Fund Act, 1987 (15 of 1987). 7. The Tamil Nadu Advocates’ Welfare Fund Act, 1987 (49 of 1987). 8. The Gujarat Advocates’ Welfare Fund Act, 1991 (14 of 1991). 9. The Goa Advocates’ Welfare Fund Act, 1995 (2 of 1997). 10. The Assam Advocates’ Welfare Fund Act, 1998 (XVIII of 1999). 11. The Maharashtra Advocates’ Welfare Fund Act, 1981 (LXI of 1981). 12. The Himachal Pradesh Advocates’ Fund Act, 1996 (14 of 1996). 13. The Kerala Advocates’ Welfare Fund Act, 1980 (21 of 1980). 14. The Karnataka Advocates’ Welfare Fund Act, 1983 (2 of 1985). 15. The West Bengal Advocates’ Welfare Fund Act, 1991 (XIII of 1991). 16. The Jammu and Kashmir Advocates’ Welfare Fund Act, 1997 (XXVI of 1997). __________ -----

9-Dec-1994

4

The Motor Vehicle Act, 1939

https://www.indiacode.nic.in/bitstream/123456789/19318/1/the_motor_vehicle_act_1988.pdf

Andaman and Nicobar Islands

## THE MOTOR VEHICLES ACT, 1988 ### (59 OF 1988) (14 Oct. 1988) An Act to consolidate and amend the law relating to motor vehicles. Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows : - **_Statement_** **_of_** **_objects_** **_and_** **_Reasons._** - The motor vehicles Act, 1939 ( 4 of 1939), consolidates and amends the law relating to motor vehicles. This has been amended several times to keep it up to date. The need was, however, felt that this Act should, now _inter_ _alia,_ take into account also changes in the road transport technology, pattern of passenger and freight movements, developments, of the road network in the country and particularly the improved techniques in the motor vehicles management. 2. Various Committees, like, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two - Wheelers Committee, as also the Law Commission have gone into different aspects of road transport. They have recommended updating, simplification and rationalization of this law. Several Members of Parliament have also urged for comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to the modern - day requirements. 3. A Working Group was, therefore, constituted in January, 1984 to review all the provisions of the Motor Vehicles Act, 1939 and to submit draft proposals for a comprehensive legislation to replace the existing Act. This Working Group took into account the suggestions and recommendations earlier made by various bodies and institutions like Central Institute of Road Transport (CIRT), Automotive Research Association of India (ARAI), and other transport organisations including, the manufacturers and the general public, Besides, obtaining comments of State Governments on the recommendations of the Working Group, these were discussed in a specially convened meeting of Transport Ministers of all States and Union territories. Some of the more important modifications so suggested related for taking care of - ----- (a) the fast increasing number of both commercial vehicles and personal vehicles in the country ; (b) the need for encouraging adoption of higher technology in automotive sector; (c) the greater flow of passenger and freight with the least impediments so that islands of isolation are not created leading to regional or local imbalances; (d) concern for road safety standards, and pollution-control measures, standards for transportation of hazardous and explosive materials; (e) simplification of procedure and policy liberalization's for private sector operations in the road transport field ; and (f) need for effective ways of tracking down traffic offenders. 4. The Supreme Court in _M._ _K._ _Kunhimohammed_ _v._ _P._ _A._ _Ahmedkutty_ _(1987)_ 4 S.C.C. 284, has made certain suggestions to raise the limit of compensation payable as a result of motor accidents in respect of death and permanent disablement in the event of there being no proof of fault on the part of the person involved in the accident and also in hit and run motor accidents and to remove certain disparities in the liability of the insurer to pay compensation depending upon the class or type of vehicles involved in the accident. The above suggestions made by the Supreme Court have been incorporated in the Bill. 5. The proposed legislation has been prepared in the light of the above background. Some of the more important provisions of the Bill provide for the following matters, namely :- (a) rationalization of certain definitions with additions of certain new definitions of new types of vehicles; (b) stricter procedures relating to grant of driving licences and the period of validity thereof; (c) laying down of standards for the components and parts of motor vehicles; (d) standards for anti-pollution control devices; ----- (e) provision for issuing fitness certificates of vehicles also by the authorised testing stations; (f) enabling provision for updating the system of registration marks; (g) liberalised schemes for grant of stage carriage permits on non­ nationalised routes, all-India Tourist permits and also national permits for goods carriages; (h) administration of the Solatium Scheme by the General Insurance Corporation; (i) provision for enhanced compensation in cases of “no fault liability” and in hit and run motor accidents; (j) provision for payment of compensation by the insurer to the extent of actual liability to the victims of motor accidents irrespective of the class of vehicles; (k) maintenance of State registers for driving licences and vehicle registration; (l) constitution of Road Safety Councils. ##### 6. The Bill also seeks to provide for more deterrent punishment in the cases of certain offences. 7. The Notes on clauses explain the provisions of the Bill. **_Amendment_** **_Act_** **_54_** **_of_** **_1994_** **_-_** **_Statement_** **_of_** **_Objects_** **_and_** **_Reasons._** **_-_** The Motor Vehicles Act, 1988 (59 of 1988) consolidated and rationalised various laws regulating road transport. The Act came into force with effect from 1st July, 1989 replacing the Motor Vehicles Act, 1939. 2. After the coming into force of the Motor Vehicles Act, 1988, Government received a number of representations and suggestions from the state govt. transport operators and members of public regarding the inconvenience faced by them because of the operation of some of the provisions of the 1988 Act. A Review Committee was, therefore, constituted by the Government in March, 1990 to examine and review the 1988 Act. 3. The recommendations of the Review Committee were forwarded to the State Governments for comments and they generally agree with these ----- recommendations. The Government also considered a large number of representations received, after finalisation of the Report of the Review Committee, from the transport operators and public for making amendments in ##### the Act. The draft of the proposals based on the recommendation of the Review Committee and representations from the public were placed before the Transport Development Council for seeking their views in the matter. The important suggestions made by the Transport Development Council relate to, or are on account of, - (a) The introduction of newer type of vehicles and fast increasing number of both commercial and personal vehicles in the country. (b) Providing adequate compensation to victims of road accidents without going into longdrawn procedure; (c) Protecting consumers' interest in Transport Sector; (d) Concern for road safety standards, transport of hazardous chemicals and pollution control; (e) Delegation of greater powers to State Transport Authorities and rationalising the role of public authorities in certain matters; (f) The simplification of procedures and policy liberalisation in the field of Road Transport; (g) Enchancing penalties for traffic offenders. 4. Therefore, the proposed legislation has been prepared in the light ##### of the above background. The Bill inter alia provides for - (a) modification and amplification of certain definitions of new type of vehicles ; (b) simplification of procedure for grant of driving licences; (c) putting restrictions on the alteration of vehicles; (d) certain exemptions for vehicles running on non-polluting fuels; (e) ceilings on individuals or company holdings removed to curb “benami” holdings; ----- (f) states authorised to appoint one or more State Transport Appellate Tribunals; (g) punitive checks on the use of such components that do not conform to the prescribed standards by manufactures, and also stocking / sale by the traders; (h) increase in the amount of compensation of the victims of hit and run cases; (i) removal of time limit for filling of application by road accident victims for compensation; (j) punishment in case of certain offences is made stringent; (k) a new pre-determined formula for payment of compensation to road accident victims on the basis of age / income, which is more liberal and rational. 5. The Law Commission in its 119th Report had recommended that every application for a claim be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, at the option of the claimant. The bill also makes necessary provision to give effect to the said recommendation. **_Amendment_** **_Act_** **_27_** **_of_** **_2000_** **_—_** **_Statement_** **_of_** **_Objects_** **_and_** **_Reasons._** **_—_** The Motor Vehicles Act, 1988 consolidated and rationalised various laws regulating road transport. The said Act was amended in 1994. 2. Further amendments in the aforesaid Act have become necessary so as to reduce the vehicular pollution and to ensure the safety of the road users. It is, therefore, proposed to prohibit alteration of vehicles in any manner including change of tyres of higher capacity. However, the alteration of vehicles with a view to facilitating the use of eco-friendly fuel including Liquefied Petroleum Gas (LPG) is being permitted. Further, it is proposed to confer powers on the Central Government to allow the alteration of vehicles for certain specified purposes. ----- 3. At present, the educational institutions are not required to obtain permits for the operation of buses owned by them. It is proposed to bring the buses run by these institutions within the purview of the aforesaid Act by requiring them to obtain permits. 4. It is also proposed to allow renewal of permits, driving licences and registration certificates granted under the Motor Vehicles Act, 1939 to be renewed under the Motor Vehicles Act, 1988, by inserting new section 217 - A. 5. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. **_Amendment_** **_Act_** **_39_** **_of_** **_2001_** **_-_** **_Statement_** **_of_** **_Objects_** **_and_** **_Reasons._** **_—_** The Motor Vehicles Act, 1988 (59 of 1988) is a Central legislation through which the road transport is regulated in the country. By the Motor Vehicles (Amendment ) Act, 1994, _inter_ _alia,_ amendments were made for make special provisions under sections 66 & 67 so as to provide that vehicles operating on eco-friendly fuels shall be exempted from the requirements of permits and also the owners of such vehicles shall have the discretion to fix fares and freights for carriage of passengers and goods. The intention in bringing the said amendments was to encourage the operation of vehicles with such eco-friendly fuels. 2. However, it has been observed that during the last several years, not only the supply of eco-friendly fuels like CNG has increased tremendously, a large number of vehicles have come on the road which in terms of sections ##### 66 and 67, as amended by the Motor Vehicles ( Amendment) Act, 1994, are operating without any requirement of permits and are, therefore, not subject to any control of the State Governments. The number of such vehicles is likely to further increase substantially. 3. The aforesaid situation is likely to lead to indiscipline on the road and consequent increase in the road accidents. It is, therefore, considered essential to remove exemption provided under sections 66 and 67 of the said Act to CNG operated vehicles so that vehicles which operate on eco-friendly fuels are also covered by the terms and conditions applicable to all other vehicles. ----- 4. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. 5. The Bill seeks to achieve the above object. ### CHAPTER - I #### PRELIMINARY **1.** **Short** **title,** **extent** **and** **commencement.** **-** (1) This Act may be called The Motor Vehicles Act, 1988. (2) It extends to the whole of India. (3) It shall come into force on such date* as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. ##### 2. Definitions. - In this Act, unless the context otherwise requires, - (1) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette; (2) “articulated vehicle” means a motor vehicle to which a semi-trailer is attached; **_Corresponding_** **_Law._** _-_ Section 2(2) corresponds to section 2(1-A) of the Motor Vehicles Act, 1939. (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; **_Corresponding_** **_Law._** _-_ Section 2(3) corresponds to section 2(1-B) of the Motor Vehicles Act, 1939. (4) “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; **_Corresponding_** **_Law._** _-_ Section 2(4) corresponds to section 2(2) of the Motor Vehicles Act, 1939.________________________________________________ - Brought into force on 1st July, 1989. ----- (5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; **_Corresponding_** **_Law._** _-_ Section 2(5) corresponds to section 2(2-B) of the Motor Vehicles Act, 1939. (6) “conductor's licence” means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; **_Corresponding_** **_Law._** _-_ Section 2(6) corresponds to section 2(2-C) of the Motor Vehicles Act, 1939. (7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum - (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes - (i) a maxicab; and (ii) a motorcab notwithstanding that separate fares are charged for its passengers; **_Corresponding_** **_Law._** _-_ Section 2(7) corresponds to section 2(3) of the Motor Vehicles Act, 1939. (8) “dealer” includes a person who is engaged - (a) 1[ - - - ] 1. Sub.-Cl. (a) omitted by Act 54 of 1994, S. 2 ( w.e.f. 14-11-1994 ). Prior to its omission, sub- Cl.(a) read as under :- “(a) in the manufacture of motor vehicles ; or”. ----- (b) in building bodies for attachment to chassis; (c) or in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; **_Corresponding_** **_Law.-_** Section 2(8) corresponds to section 2(4) of the Motor Vehicle Act, 1939. (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; **_Corresponding_** **_Law.-_** Section 2(9) corresponds to section 2(5) of the Motor Vehicles Act, 1939. (10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; **_Corresponding_** **_Law.-_** Section 2(10) corresponds to section 2(5-A) of the Motor Vehicles Act, 1939. (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; **_Corresponding_** **_Law.-_** This is a new provision in the 1998 Act. (12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; **_Corresponding_** **_Law.-_** Section 2 (12) corresponds to section 2 (6) of the Motor Vehicles Act, 1939. (13) “goods” includes livestock, and anything ( other than equipment ordinarily used with the vehicle ) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; ----- **_Corresponding_** **_Law.-_** Section 2 (13) corresponds to section 2 (7) of the Motor Vehicles Act, 1939. (14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; **_Corresponding_** **_Law.-_** Section 2 (14) corresponds to secti0n 2 (8) of the Motor Vehicles Act, 1939. (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. (16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; **_Corresponding_** **_Law.-_** Section 2 (16) corresponds to section 2 (9) of the Motor Vehicles Act, 1939. (17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms. **_Corresponding_** **_Law.-_** Section 2 (17) corresponds to section 2 (9-A) of the Motor Vehicles Act, 1939. (18) “invalid carriage” means a motor vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; **_Corresponding_** **_Law.-_** Section 2 (18) corresponds to section 2 (10) of the Motor Vehicles Act, 1939. (19) “learner's licence' means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a ----- learner, a motor vehicle or a motor vehicle of any specified class or description; **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. (20) “licensing authority” means an authority empowered to issue licence under Chapter II or, as the case may be, chapter III ; **_Corresponding_** **_Law._** - Section 2 (20) corresponds to section 2 (12) of the Motor Vehicles Act, 1939. (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 23[7500] kilograms ; **_Corresponding_** **_Law._** - Section 2 (21) corresponds to section 2 (13) of the Motor Vehicles Act, 1939. 3[(21-A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles ;] **_Corresponding_** **_Law_** .- This is a new provision in the 1988 Act. (22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward ; **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle ; **_Corresponding_** **_Law._** - Section 2 (23) corresponds to section 2 (14) of the Motor Vehicles Act, 1939. (24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle ; 2. Substituted for “6000” by Act 54 of 1994, S.2.(w.e.f. 14-11-1994). 3. Inserted, ibid (w.e.f. 14-11-1994). ----- **_Corresponding_** **_Law._** - Section 2 (24) corresponds to section 2 (14-A) of the Motor Vehicles Act, 1939. 3. “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward ; **_Corresponding_** **_Law._** - Section 2 (25) corresponds to section 2 (15) of the Motor Vehicles Act, 1939. (25) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage ; **_Corresponding_** **_Law._** - Section 2 (26) corresponds to section 2 (16) of the Motor Vehicles Act, 1939. (26) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; **_Corresponding_** **_Law._** - Section 2 (27) corresponds to section 2 (17) of the Motor Vehicles Act, 1939. (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer ; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4[twenty-five cubic centimeters] ; **_Corresponding_** **_Law._** - Section 2 (28) corresponds to section 2 (18) of the Motor Vehicles Act, 1939. **Tractor-trailer.** - A Division Bench of the Punjab and Haryana High Court in United India Insurance Company Ltd. v. Pritpal Singh (1996-2) 113 Punj. L.R. 49 held that even though trailer may be drawn by a motor vehicle if by if self is a motor vehicle and both the Tractor & Trailer taken together would constitute a transport vehicle. 4. Substituted for “thirty-five cubic centimetres” by Act 54 of 1994,S.2 (w.e.f.14-11-1994) ----- (29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons excluding the driver ; **_Corresponding_** **_Law.-_** Section 2 (29) corresponds to section 2 (18-A) of the Motor Vehicles Act, 1939. (30) “owner” means a person in whose name a motor vehicle stands registered and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement ; **_Corresponding_** **_Law.-_** Section 2 (30) corresponds to section 2 (19) of the Motor Vehicles Act, 1939. (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of motor vehicle as a transport vehicle ; **_Corresponding_** **_Law._** - Section 2 (31) corresponds to section 2 (20) of the Motor Vehicles Act, 1939. (32) “prescribed” means prescribed by rules made under this Act; **_Corresponding_** **_Law._** - Section 2 (32) corresponds to section 2 (21) of the Motor Vehicles Act, 1939. (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes ; **_Corresponding_** **_Law._** - Section 2 (33) corresponds to section 2 (22) of the Motor Vehicles Act, 1939. (34) “public place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage ; ----- **_Corresponding_** **_Law._** - Section 2 (34) corresponds to section 2 (24) of the Motor Vehicles Act, 1939. (35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage ; **_Corresponding_** **_Law._** - Section 2 (35) corresponds to section 2 (25) of the Motor Vehicles Act, 1939. (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; **_Corresponding_** **_Law._** - Section 2 (36) corresponds to section 2 (26) of the Motor Vehicles Act, 1939. (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV ; **_Corresponding_** **_Law._** - Section 2 (37) corresponds to section 2 (28) of the Motor Vehicles Act, 1939. (38) “route” means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another ; **_Corresponding_** **_Law._** - Section 2 (38) corresponds to section 2 (28-A) of the Motor Vehicles Act, 1939. 5[(39) “semi-trailer” means a vehicle not mechanically propelled ( other tan a trailer ), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super-imposed on, and a part of whose weight is borne by, that motor vehicle ;] **_Corresponding_** **_Law.-_** This is a new provision in the 1988 Act. 5. Cl. (39) substituted by Act 54 of 1994, S.2 (w.e.f. 14-11-1994). Prior to its substitution, Cl. (39) read as under :- “(39) ‘semi-trailer' means a trailer drawn by a motor vehicle and so constructed that a part of it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;”. ----- (40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey ; **_Corresponding_** **_Law.-_** Section 2 (40) corresponds to section 2 (29) of the Motor Vehicles Act, 1939. (41) “State Government” in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution ; **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by - (i) the Central Government or a State Government ; (ii) any Road Transport Corporation established under section ##### 3 of the Road Transport Corporations Act, 1950 ; (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Government ; 6(iv) Zilla Parishad or any other similar local authority. _Explanation._ - For the purposes of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward; **_Corresponding_** **_Law._** - Section 2(42) corresponds to section 68-A(b) of the Motor Vehicles Act, 1939. (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; **_Corresponding_** **_Law.-_** Section 2 (43) corresponds to section 2 (29-A) of the Motor Vehicles Act, 1939. 6. Inserted, ibid (w.e.f. 14-11-1994). ----- (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; **_Corresponding_** **_Law.-_** Section 2 (44) corresponds to section 2 (30) of the Motor Vehicles Act, 1939. (45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction ##### of drivers of motor vehicles ; **_Corresponding_** **_Law.-_** Section 2 (45) corresponds to section 2 (31) of the Motor Vehicles Act, 1939. (46) “trailer” means any vehicle, other than a semi-trailer and a side­ car, drawn or intended to be drawn by a motor vehicle ; **_Corresponding_** **_Law._** - Section 2 (46) corresponds to section 2 (32) of the Motor Vehicles Act, 1939. (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle ; **_Corresponding_** **_Law._** - Section 2 (47) corresponds to section 2 (33) of the Motor Vehicles Act, 1939. (48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body ; **_Corresponding_** **_Law._** - Section 2 (48) corresponds to section 2 (34) of the Motor Vehicles Act, 1939. (49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. ----- # CHAPTER II ### LICENSING OF DRIVERS OF MOTOR VEHICLES ##### 3. Necessity for driving licence. - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle ; and no person shall so drive a transport vehicle [other than 7[ a motorcab or motor cycle] hired for his own use or rented under any scheme made under sub - section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. **_Corresponding_** **_Law.-_** Section 3 (1) corresponds to section 3 (1) of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 3, sub-clause (1), provides for the need to have a licence to drive a motor vehicle & a special authorisation to drive a transport vehicle. Sub-clause (2) empowers the Central Government to prescribe conditions subject to which a vehicle may be driven by a person receiving instructions in driving. ##### 4. Age limit in connection with driving of motor vehicles. - (1) No person under the age of eighteen years shall drive a motor vehicle in any public place: Provided that 8[a motor cycle with engine capacity not exceeding 50 cc] may by driven in a public place by a person after attaining the age of sixteen year. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner's licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. 7. Substituted for “a motorcab” by Act 54 of 1994, S.3 (w.e.f. 14-11-1994). 8. Substituted for “a motor cycle without gear” by Act 54 of 1994, S. 4 ( w.e.f. 14-11­ 1994). ----- **_Corresponding_** **_Law._** - Section 4 corresponds to section 4 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 4 provides that a person who has completed sixteen years of age may drive a motor cycle without gear. To drive a motor vehicle other than a transport vehicle, the person must have completed eighteen years of age and to drive a transport vehicle a person must have completed twenty year of age. This clause seeks to prohibit the issue of a licence to drive a motor cycle or a motor vehicle to those persons who do not satisfy the above age requirements. ##### 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. - No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 section 4 to drive the vehicle. **_Corresponding_** **_Law._** - Section 5 corresponds to section 5 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 5 prohibits the owner or person in charge of a motor vehicle permitting any person who does not satisfy the age requirement to drive the vehicle. ##### 6. Restrictions on the holding of driving licences. - (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner's licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner's licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. **_Corresponding_** **_Law._** - Section 6 corresponds to section 6 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 6 seeks to impose certain restrictions on the holding of driving licences by certain persons. ##### 7. Restrictions on the granting of learner's licences for certain vehicles. - 9[(1) No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year.] (2) No person under the age of eighteen years shall be granted a learner's licence to drive motorcycle without gear except with the consent in writing of the person having the care of the person desiring the learner's licences. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons.-Clause_** 7 prescribes certain minimum driving experience in light motor vehicle before a person becomes qualified to drive a medium or heavy passenger motor vehicle or goods carriages. This clause also prohibits the grant of licence to drive a motor cycle without gear to any person who has completed sixteen years of age without production of a consent letter from the guardian. ##### 8. Grant of learner's licence. - (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions ##### of section 7, apply to the licensing authority having jurisdiction in the area - (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence. 9. Sub-S. (1) substituted by Act 54 of 1994, S. 5 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (1) read as under .­ “(1) No person shall be granted a learner's licence :- (a) to drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle; (b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle ; (c) to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light motor vehicle.” ----- (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government. (3) Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose. 10[ Provided that no such medical certificate is required for licence to drive a vehicle other than a transport vehicle.] (4) If, from the application or from the medical certificate referred to in sub­ section (3) it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence; Provided that a learner's licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No ,learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5) the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle. 10. Added by Act 54 of 1994, S. 6 ( w.e.f. 14-11-1994 ). ----- Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority. (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3) or sub-section (5), or both. (8) Any learner's licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 8 lays down the procedure in making an application for the grant of learner's licence. A pass in the test on the rules on the road and a strict medical test are pre-conditions for the issue of the learner's licence. This clause, however, seeks to empower the Central Government to exempt any class of persons from the above tests. ##### 9. Grant of driving licence. - (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area - (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. ----- 11[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence : Provided that no such test shall be necessary where the applicant produces proof to show that - (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or 11. Sub-S. (3) substituted by Act 54 of 1994, S. 7 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (3) read as under :- “(3) No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test of competence to drive as may be prescribed by the Central Government : Provided that, where the application is for a driving licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from the test of competence prescribed under this sub-section, if the licensing authority is satisfied : (a) (i) that the applicant has previously held a driving licence and that the period between the date of expiry of that licence and the date of such application does not exceed five years ; or (ii)that the applicant holds or has previously held a driving licence issued under section 18 ; or (ii)that the applicant holds a driving licence issued by a competent authority of any country outside India ; and (b) that the applicant is not suffering from any disease or disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of danger to the public ; and as the licensing authority may for that purpose require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: Provided further that where the application is for a driving licence to drive a motor vehicle ( not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.” ----- (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause driving by him to be a source of danger to the public ; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8 : Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub­ section, if the applicant possesses a driving certificate issued by any institution recognised in this half by the State Government.] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in section 12. 12[(5) Where the applicant does not pass the test, he may be permitted to re­ appear for the test after a period of seven days : Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: 12. Sub-S. (5) substituted by Act 54 of 1994, S. 7 ( w.e.f. 14-11-1994). Prior to its substitution, sub-S. (5) reads as under :- “(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of competence to drive under sub-S. (3), he shall not be qualified to re-appear for such test, - (a) in the case of first three such tests, before a period of one month from the date of last such test ; and (b) in the case of such test after the first three tests, before a period of one year from the date of last such test.” ----- Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his Competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence : Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority : Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he - (a) is a habitual criminal or a habitual drunkard ; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( 61 ##### of 1985 ) ; or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, It may for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. ----- **_Corresponding_** **_Law.-_** Sub-sections (1),(2),(3),(6) and (7) of section 9 correspond to sub-sections (1),(2),(6), (7) and (8) respectively, of section 7 of the Motor Vehicles Act, 1939. However, sub-sections (4),(5),(8) and (9) of section9, are new provisions. **_Objects_** **_and_** **_Reasons._** - Clause 9 sets out the procedures in the grant of driving licences. A pass in the test of competence to drive a motor vehicle of the type to which the application refers, is a pre-condition for the grant of driving licence. This clause also seeks to empower the Central Government to exempt certain class of persons from the test of competence to drive. This clause also seeks to impose a condition that applicants for licence to drive a transport vehicle should produce alongwith the application a driving certificate from a recognised driving institution. It also provides the circumstances under which a licensing authority may refuse to issue a driving licence. ##### 10. Form and contents of licences to drive. - (1) Every learner's licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner's licence or as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely :- (a) motor cycle without gear; (b) motor cycle with gear ; (c) invalid carriage ; (d) light motor vehicle ; 13[(e) transport vehicle ;] 13. Substituted for sub-Cls. (e) to (h) by Act 54 of 1994, S. 8 (w.e.f. 14-11-1994). Prior to their substitution, sub-Cls. (e) to (h) read as under :- “(e) Medium goods vehicle ; (f) medium passenger motor vehicle ; (g) heavy goods vehicle ; (h) heavy passenger motor vehicle ;” ----- (1) road-roller ; (ii) motor vehicle of a specified description. **_Corresponding_** **_Law.-_** Section 10 corresponds to section 8 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 10 empowers the Central Government to prescribe the form of learner's licence and the form of driving licence. ##### 11. Additions to driving licence. - (1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. **_Corresponding_** **_Law._** - Section 11 corresponds to section 8-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 11 makes provisions for the addition of another class of motor vehicle to any driving licence on application made by the holder of the licence, and lays down the procedure in making the application. ##### 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.- (1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments ( by whatever name called ) for imparting instruction in driving of motor vehicles and matters connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- ----- (a) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments ; (c) the form of application and the form of licence and the particulars to be contained therein ; (d) fee to be paid with the application for such licences ; (e) conditions subject to which such licences may be granted ; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences ; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle ; (i) apparatus and equipments ( including motor vehicles fitted with dual control ) required for the purpose of imparting such instruction ; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein ; (k) qualifications, both educational and professional ( including experience ), which a person imparting instruction in driving a motor vehicle shall possess ; (l) inspection of such schools and establishments ( including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction ) ; (m) maintenance of records by such schools or establishments ; (n) financial stability of such schools or establishments ; (o) the driving certificates, it any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the ----- requirements to be complied with for the purposes of issuing such certificates ; (p) such other matters as may be necessary to carry out the purposes ##### of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act, whether under a licence or not may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 12 confers upon the Central Government the power to make rules for the licensing of driving schools by the State Government for imparting instruction in driving motor vehicle. The rules provide for the qualifications ##### of the instructors of the driving schools, conditions subject to which the licences may be granted, the authorities to grand the licence, appellate authorities, etc., the time within which the existing establishments, if any, should apply for the licence. It also empowers the Central Government to exempt any persons or establishments from the operation of the provision of this clause. ##### 13. Extent of effectiveness of licences to drive motor vehicles. - A learner's licence or a driving licence issued under this Act shall be effective throughout India. **_Corresponding_** **_Law.-_** Section 13 corresponds to section 9(1) of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 13 specified the extent of validity of a learner's licence and a driving licence. The licences are to be valid throughout India. ##### 14. Currency of licences to drive motor vehicles. - (1) A learner's licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall - (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years : 1415[*] 15 [Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus ; and ] (b) in the case of any other licence - (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of 16 [ fifty years ] on the date of issue or, as the case may be, renewal thereof - (A) be effective for a period of twenty years from the date of such issue or renewal ; or (B) until the date on which such person attains the age ##### of 1718[ fifty years ], whichever is earlier ; 18 [ (ii) if the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or, as the case may be, renewal 14. The word “and” omitted by Act 54 of 1994, S.9 (w.e.f. 14-11-1994). 15. Inserted, ibid (w.e.f. 14-11-1994). 16. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994). 17. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994). 18. Sub-Cl. (ii) substituted by Act 54 of 1994, S. 9 (w.e.f. 14-11-1994). Prior to its substitution, sub-Cl. (ii) read as under :- “(ii) if the person referred to in sub-clause (i) has attained the age of forty years on the date of issue or , as the case may be, renewal thereof, be effective, for a period of five years from the date of such issue or renewal.” ----- thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal : ] Provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry. **_Corresponding_** **_Law._** - Section 14 corresponds to section 10 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 14 lays down that a learner's licence shall be valid for six months. It also provides that in respect of persons who have not attained 40 years of age, the issue and renewal of driving licence, to drive non-transport vehicle, shall be for 20 year or until the date on which the holder attains 40 years of age, whichever is earlier and in respect of persons who have attained 40 years of age, for every 5 years. The issue and renewal of driving licence to drive transport vehicle will be for 3 years and the driving licence shall be deemed to continue to be effective for 30 days after the date of its expiry. ##### 15. Renewal of driving licences. - (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry : Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal : Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age ##### of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be apply in relation to every such case as they apply in relation to a learner's licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made ----- previous to, or not more than thirty days after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central government : Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3) : Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passess to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. **_Corresponding_** **_Law._** - Sub-section (1),(2),(3),(4),(5) and (6) of section 15 corresponds to sub-section (1),(2),(3),(3-A)(3-B) and (4), respectively, of section 11 ##### of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - clause 15 provides that if the application for renewal ##### of driving licence is made within 30 days of its expiry, it shall be renewed from the date of its expiry and application for renewal made after 30 days and before 5 years of its expiry, it shall be renewed from the date of such renewal. Application for renewal ##### of driving licence to drive transport vehicle and application for renewal of driving licence to drive non-transport vehicle from persons who have attained 45 years of age shall be accompanied by a medical certificate. ----- ##### 16. Revocation of driving licence on grounds of disease or disability. - Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in sub­ section (3) of section 8, if the licensing authority has reasonable grounds to believe that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence. **_Corresponding_** **_Law._** - Section 16 corresponds to section 12 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 16 seeks to empower the licensing authorities to revoke the driving licences if the holder of driving licence is found medically unfit to drive by virtue of any disease or disability. ##### 17. Orders refusing or revoking driving licences and appeals there form. - (1) Where a licensing authority refuses to issue any learner's licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **_Corresponding_** **_Law._** - Section 17 corresponds to section 13 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 17 requires that when the licensing authority refuses to renew, issue or revokes a licence, it shall give its reasons in writing to the holder of the licence. This also provides for appeal against the orders of the licensing authority to the prescribed authority. ##### 18. Driving licences to drive motor vehicles, belonging to the Central Government . - (1) Such authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteen year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. **_Corresponding_** **_Law._** - Section 18 corresponds to section 14 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 18 confers upon the Central Government the power to prescribe the authority for the grant of driving licences to drive motor vehicles, which are the property of the Central Government, and are used for Government purposes relating to the defence of the country. ##### 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence . - (1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that the - (a) is a habitual criminal or a habitual drunkard ; or ----- (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ; or (c) is using or has used a motor vehicle in the commission of a cognizable offence ; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public ; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation ; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22 ; or (h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order - (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence ; or (ii) revoke any such licence. (2) Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall, - (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed ; or ----- (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued ; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence ; Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub­ section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder. (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final. **_Corresponding_** **_Law._** - Section 19 corresponds to section 15 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause19 contains provisions for the disqualification ##### of the holder of the licence, by the licensing authorities, for holding or obtaining the licence for a specified period or for revoking the licence for the reasons enumerated in this clause. It also makes provision for appeal against the orders of the licensing authorities to the prescribed authorities. ##### 20. Power of Court to disqualify. - (1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions ##### of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence : ----- Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence. (2) Where a person is convicted of an offence under clause (c) of sub­ section (1) of section 132, section 134 or section 185, the Court convicting any person ##### of any such offence shall order the disqualification under sub section (I) and if the offence is relatable to clause (c) of sub-section (1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person - (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable under section 192 : Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order ##### of disqualification passed that test to the satisfaction of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction ##### of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. **_Corresponding_** **_Law._** - Sub-section (1), (2), (3), (4), and (5) of section 20 corresponds to sub-sections (1), (4), (5), (6) and (7) respectively, of section 17 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** -Clause 20 seeks to authorise the Courts to disqualify the holders of driving licences for a specified period on conviction under this Act. ##### 21. Suspension of driving licence in certain cases . - (1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of , or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended - (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where, by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of he Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact ##### of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. ----- **_Corresponding_** **_Law._** - Section 21 corresponds to section 17-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 21 provides for automatic suspension of the driving licence of the person who has caused the death of or grievous hurt to one or more persons, for a period of 6 months or until the person is discharged or acquitted by the Court, whichever is earlier. ##### 22. Suspension or cancellation of driving licence on conviction. - (1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person insofar as it relates to that class or description of motor vehicle. (2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. (3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licene to the holder thereof after the expiry of the period ##### of suspension on an application made by him for such return. Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction ##### of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a ----- medical certificate in the same form and in the same manner as is referred to in sub­ section (3) of section 8. (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force. **_Corresponding_** **_Law._** - Section 22 corresponds to section 17-B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 22 confers upon the Court convicting the holders of licences for certain offences, the powers to suspend or cancel the driving licences. It also provides for a compulsory test of competence to drive and a strict medical test for the drivers involved in fatal accidents before the licence is returned to the holder. Failure in any one of the two tests will entail in cancellation of the licence under clause 19. ##### 23. Effect of disqualification order. - (1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. (2) the operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate Court so directs. (3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order, apply to the Court or other authority by which the order was made, to remove the disqualification ; and the Court or authority, as the case may be, may having regard to all the circumstances, either cancel or vary the disqualification order : ----- Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. **_Corresponding_** **_Law._** - Section 23 corresponds to section 18 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 23 lays down that on the orders of the Courts disqualifying the holder of the licence, the licence shall cease to be effective. ##### 24. Endorsement. - (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made ; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed. (2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted. (3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving licence if it is in his possession. (4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three nonths, the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed. (5) When the driving licence is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed. ----- (6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving licence, the appellate Court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement. **_Corresponding_** **_Law._** - Sub-section 1(, (2), and (3) of section 24 corresponds to sub-sections (1), (2) and (3), respectively, of section 19 of the Motor Vehicles Act, 1939. However, sub-sections (4), (5) and (6) of section 24 are new provisions. **_Objects_** **_and_** **_Reasons._** - Clause 24 requires the Court or the Authorities making an order of disqualification, to make entries of such disqualifications in the driving licences held by that person. ##### 25. Transfer of endorsement and issue of driving licence free from endorsement. - (1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then - (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix ; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority ; and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. ----- (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements : Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement : Provided further that in reckoning the said period of three years and one year, respectively, and period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. **_Corresponding_** **_Law.-_** Section 25 corresponds to section 20 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 25 enables the licensing authorities to transfer the endorsements of disqualification to any new or duplicate licences issued to the holder of the licence. It also provides for the issue of fresh driving licence free of endorsements, if during a continuous period of three years from the last endorsement, there has been no further orders of endorsement. ##### 26. Maintenance of State Registers of Driving Licences. - (1) Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving llicences issued and renewed by the licensing authorities of the State Government, containing the following particulars, namely :- (a) names and addresses of holders of driving licences ; (b) licence numbers ; (c) dates of issue or renewal of licences ; (d) dates of expiry of licences ; (e) classes and types of vehicles authorised to be driven ; and ----- (f) such other particulars as the Central government may prescribe. (2) Each State government shall supply to the Central Government a 19 [printed copy or copy in such other form as the Central Government may require], ##### of the State Register of Driving Licences, and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed by the State Government. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 26 contains provisions for the maintenance of a State register of driving licences by the States in such form as may be prescribed by the Central Government. It also provides that the State Governments shall furnish a copy of the State register on direction by the Central Government. ##### 27. Power of Central Government to make rules. - The Central Government may make rules - (a) regarding conditions referred to in sub-section (2) of section 3 ; (b) providing for the form in which the application for learner's licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8 ; (c) providing for the form of medical certificate referred to in sub­ section 3 of section 8 ; (d) providing for the particulars for the test referred to in sub-section (5) ##### of section 8 ; (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9. ; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9 ; ----- 19. Substituted for “printed copy” by Act 54 of 1994, S. 10 ( w.e.f. 14-11-1994 ). (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub­ section (1) of section 10 ; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged ; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11 ; (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15 ; (l) providing for the authority to grant licences under sub-section (1) of section 18 ; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-section (3) and (4) of section 15 for the grant of learner's licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishments for imparting instructions in driving motor vehicles ; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19 ; (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24 ; (p) to provide for all or any of the matters referred to in sub-section (1) ##### of section 26 ; ----- (q) any other matter which is, or has to be, prescribed by the Central Government. **_Corresponding_** **_Law._** - Section 27 corresponds to section 20-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 27 seeks to empower the Central Government to make rules on certain matters where the Act directs the Central Government to do so. ##### 28. Power of State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities ; (b) The conduct and hearing of appeals that may be preferred under this chapter, the fees to be pain in respect of such appeals and the refund of such fees : Provided that no fee so fixed shall exceed twenty-five rupees ; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor ; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges ; (e) the fee payable for the issue of a medical certificate under sub­ section (3) of section 8 ; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities ; ----- (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued ; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder ; (j) the manner in which the State Register of Driving Licences shall be maintained under section 26 ; (k) any other matter which is to be, or may be, prescribed. **_Corresponding_** **_Law._** - Section 28 corresponds to section 21 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 28 seeks to empower the State Government to make rules on certain matters where the Act specifically confer the power on the State Governments. # CHAPTER III ### LICENSING OF CONDUCTORS OF STAGE CARRIAGES ##### 29. Necessity for conductor's licence. - (1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor's licence issued to him authorising him to act as such conductor, and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. (2) A State Government may prescribe the conditions subject to which sub­ section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act a conductor for a period not exceeding one month. **_Corresponding_** **_Law._** - Section 29 corresponds to section 21-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 29 provides for the need to have a conductor's licence and prohibits persons in employing as conductor, a person who is not licensed as a conductor. It also confers upon the State Government the power to prescribe conditions subject to which this clause shall not apply to certain persons. ----- ##### 30. Grant of conductor's licence. - (1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government being disqualified for holding or obtaining a conductor's licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor's licence. (2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed. (3) Every application for a conductor's licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph ##### of the applicant. (4) A conductor's licence issued under this Chapter shall be in such form and contain such aprticulars as may be prescribed and shall be effective throughout the State in which it is issued. (5) The fee for a conductor's licence and for each renewal thereof shall be one-half of that for a driving licence. **_Corresponding_** **_Law.-_** Section 30 corresponds to section 21-B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 30 lays down the procedure in making an application for a conductor's licence, the form of the licence and the fee. ##### 31. Disqualifications for the grant of conductor's licence. - (1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence. (2) The licensing authority may refuse to issue a conductor's licence - (a) if the applicant does not possess the minumum educational qualification ; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor ; and ----- (c) if any previous conductor's licence held by the applicant was revoked. **_Corresponding_** **_Law._** - Section 31 corresponds to section 21-C of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - clause 31 lays down certain norms which will constitute disqualification for the grant of conductor's licence. ##### 32. Revocation of a conductor's licence on grounds of disease or disability. - A conductor's licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the hold of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence : Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. **_Corresponding_** **_Law._** - Section 32 corresponds to section 21-D of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 32 corresponds to clause 16. ##### 33. Orders refusing, etc. conductor's licences and appeals therefrom. - (1) Where a licensing authority refuses to issue or renew, or revokes any conductor's licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section ( 1 ) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **_Corresponding_** **_Law.-_** Section 33 corresponds to section 21-E of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons .-_** clause 33 corresponds to clause 17. ##### 34. Power of licensing authority to disqualify .- (1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a licence on account of hisprevious conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor's licence : Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. (2) Upon the issue of any such order, the holder of the conductor's licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor's licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **_Corresponding_** **_Law.-_** Section 34 corresponds to section 21-F of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 34 corresponds to clause 19. ##### 35. Power of Court to disqualify. - (1) Where any person holding a conductor's licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by ----- law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's licence. (2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. **_Corresponding_** **_Law.-_** Section 35 corresponds to section 21-G of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 35 corresponds to clause 20. ##### 36. Certain provisions of Chapter II to apply to conductor's licence. - The provisions of sub-section (2) of section 6, section 14, 15 and 23, sub-section (1) ##### of section 24 and section 25 shall, so far as may be, apply in relation to a conductor's licence, as they apply in relation to a driving licence. **_Corresponding_** **_Law.-_** Section 36 corresponds to section 21-H of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 36 provides that certain provisions of Chapter II, shall apply to conductor's licence. ##### 37. Savings. - If any licence to act as a conductor of a stage carriage (by whatever name called ) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chaper as if this Chapter had been in force on the date on which that licence was granted. **_Corresponding_** **_Law.-_** Section 37 corresponds to section 21-I of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 37 saves any licence to act as a conductor of a stage carriage issued prior to the commencement of this Act. ----- ##### 38. Power of State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter ; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductor's may be exempted from the provisions of sub-section (1) of section 29 ; (c) the minimum educational qualifications of conductor's ; their duties and functions and the conduct of person to whom conductor's licences are issued ; (d) the form of application for conductor's licences or for renewal of such licences and the particulars it may contain ; (e) the form in which conductor's licences may be issued or renewed and the particulars it may contain ; (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor ; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees : Provided that no fee so fixed shall exceed twenty-five rupees ; (h) the badges and uniform to be worn by conductor's of stage carriages and the fees to be paid in respect of such badges ; (i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates ; ----- (j)the conditions subject to which, and the extent to which, a conductor's licence issued in another State shall be effective in the State ; (k) the communication of particulars of conductor's licences from one authority to other authorities ; and (l) any other matter which is to be, or may be, prescribed. **_Corresponding_** **_Law.-_** Section 38 corresponds to section 21-J of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 38 confers upon the State Government the power to make rules for the purpose of giving effect to the provisions of this Chapter. # CHAPTER IV ### REGISTRAION OF MOTOR VEHICLES ##### 39. Necessity for registration .- No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in anypublic place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not neen suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. **_Corresponding_** **_Law.-_** Section 39 corresponds to section 22 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 39 prohibits the driving of a motor vehicle in any public place or in any other place without registering it under the provisions of this Chapter. It also empowers the State Government to prescribe conditions subject to which the provisions of this clause will not apply to the motor vehicles in possession ##### of dealers. ----- ##### 40. Registration, where to be made. - Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business wherr the vehicle is normally kept. **_Corresponding_** **_Law.-_** Section 40 corresponds to section 23 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 40 lays down that a motor vehicle should be registered by the registering authority in whose jurisdiction the owner of the motor vehicle resides or where the motor vehicle is normally kept. ##### 41. Registration, how to be made. - (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government : Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purpose of this Act. (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. ----- (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, ##### a distinguishing mark ( in this Act referred to as the registration mark ) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, in receipt of an application under sub-section (8), renew the certificate of registration for a period of five years and intimate the fact to the original registering authority, if it is not the original registering authority. (11) If the owner fails to make an application under sub-section (1), or, as the case may be, under sub-section (8) within the period prescribed, the resistering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such ----- amount not exceeding one hundred rupees as may be prescribed under sub-section (13) ; Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (12) Where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177. (13) For the purposes of sub-section (11), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8). (14) An application for the issue of a duplicate certificate of registration shall be made to the 20 [ last registering authority ] in such form, containing such particulars and information alongwith such fee as may be prescribed by the Central Government. **_Corresponding_** **_Law.-_** Section 41 corresponds to section 24 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 41 provides the form and fee for application for registration of motor vehicle, the form in which the certificate of registration shall be issued by the registering authorities, the form of records in which the particulars of vehicles registered shall be kept by the registering authorities, the distinguishing marks and manner in which such marks consisting of letters and figures shall be exhibited in motor vehicle. It also lays down that the certificate of registration shall be valid for a period of 15 years and shall be renewable for a period of 5 years and the registering authority who is competent to issue duplicate certificate of registration is the original registering authority. ##### 42. Special provision for registration of motor vehicles of diplomatic officers, etc. - (1) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then notwithstanding anything contained in sub­ section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by ----- rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate ( hereafter in this 20. Substituted for “original registering authority” by Act 54 of 1994, S.14 (w.e.f. 14-11­ 1994). section referred to as the certificate of registration ) that the vehicle has been registered under this section ; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act. (2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration to marks to be assigned to such vehicles. (4) For the purposes of this section, “diplomatic officer” or “consular officer” means any person who is recognised as such by the Cenrtral Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. **_Corresponding_** **_Law.-_** Section 42 corresponds to section 24-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 42 provides procedure for registration of motor vehicles belonging to diplomatic and consular officers. The form in which certificate of registration for such vehicles are to be issued, the manner in which such registration ----- certificate are to be sent to the owners and the special registration marks to be assigned to such vehicles are to be prescribed by the Central Government. ##### 43. Temporary registration .- (1) Notwithstanding anything contained in section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issued in the prescribed manner of a temporary certificate of registration and a temporary registration mark. (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable : Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period ##### of one month for being fitted 21 [ with a body or any unforeseen circumstances beyond the control of the owner ], the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or Periods as the registering authority or other prescribed authority, as the case may be, may allow. 22 [ (3)In a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.] **_Corresponding_** **_Law._** - Section 43 corresponds to section 25 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 43 confers power upon the registering authorities to register a motor vehicle temporarily and the Central Government is to prescribe the manner in which the certificate is to be issued and the manner of exhibition of the registration marks. The registration marks will be valid for a period not exceeding one month and on certain circumstances for such further period as the registering authority may allow. ----- ##### 44. Production of vehicle at the time of registration. - the registering authority shall before proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be, for renewing the certificate of registration to produce the vehicle either before itself or such authority as 21. Substituted for “with a body” by Act 54 of 1994, S. 12 (w.e.f. 14-11-1994) . 22. Inserted by Act 54 of 1994, S. 12 (w.e.f. 14-11-1994). the State Government may be order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of this Act and of the rules made thereunder. **_Corresponding_** **_Law.-_** Section 44 corresponds to section 26 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 44 seeks to empower the registering authorities to require the person applying for registration of a motor vehicle or for the renewal of registration of a motor vehicle to produce the vehicle for inspection to ensure that the particulars given in the form of application are correct and the vehicles comply with the requirements of this Act. ##### 45. Refusal of registration or renewal of the certificate of registration. - The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle ( other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate of registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal. ----- **_Corresponding_** **_Law.-_** Section 45 corresponds to section 27 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 45 empowers the registering authorities to refuse to register any motor vehicle or refuse to renew the certificate of registration of ##### a motor vehicle in certain cases and require the registering authorities to record in writing the reason for such refusal. ##### 46. Effectiveness is India of registration. - Subject to the provisions of section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India. **_Corresponding_** **_Law.-_** Section 46 corresponds to section 28 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 46 lays down that the certificate of registration of a motor vehicle shall be effective throughout India. ##### 47. Assignment of new registration mark on removal to another State. - (1) When a motor vehicle registered in One State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority : Provided that an application under this sub-section shall be accompanied - (i) by the no objection certificate obtained under section 48, or (ii) in a case where no such certificate has been obtained, by - (a) the receipt obtained under sub-section (2) of section 48 ; or ----- (b) the postal acknowledgement received by the owner of the vehicle ##### if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted : Provided further that, in a case where a motor vehicle is held under a hire­ purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration Before returning it to the applicant and shall, in communication with registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment ##### of the said registration mark). (4) A State Government may make rules under section65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is ----- for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed. (5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7) : Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177. (7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1). **_Corresponding_** **_Law.-_** Section 47 corresponds to section 29 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 47 requires that a motor vehicle registered in one State and kept in another State for a period exceeding 12 months shall be assigned a new registration mark in that other State. It lays down the procedure in making the application for assignment of new registration mark, the documents to be enclosed with the application and the procedure to be followed by the registering authorities in assigning the new registration mark. It also empowers the State Government to make rules to require the owners of motor vehicles, required to be re-registered in this State, to furnish such information as may be required. ##### 48. No objection certificate. - (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the ----- transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate ( hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration. (2) The registering authority shall, on receipt of an application under sub­ section (1), issue a receipt in such form as may be prescribed by the Central Government. (3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no objection certificate : Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. (4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate. (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other factors as may be prescribed by the Central Government. ----- 23[(6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate]. **_Corresponding_** **_Law._** - Section 48 corresponds to section 29-A of the Motor Vehicles Act, 1939. 23. Inserted by Act 54 of 1994, S. 13 (w.e.f. 14-11-1994). **_Objects_** **_and_** **_Reasons._** - Clause 48prescribed that a No Objection Certificate shall be produced alongwith an application for assignment of new registration mark or transfer of ownership. It lays down the procedure to make application for NOC to the registering authority, the procedure to be followed by the registering authority in issuing the NOC and in case of refusal in granting the NOC reasons to be given in writing by the registering authority. ##### 49. Change of residence or place of business. - (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein. (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub­ section (4) : ----- Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. (3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177. (4) For the purposes of sub-section (2), a State government may prescribe different amounts having regard to the period of delay in intimating his new address. (5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration. **_Corresponding_** **_Law.-_** Section 49 corresponds to section 30 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 49 requires that the owner of a motor vehicle shall, within 30 days, report the change of his address to the registering authority in whose jurisdiction he has shifted his residence for recording the change of address in the certificate of registration. Failure to do so will entail in prosecution. It also provides that in lieu of prosecution, if the owner of the motor vehicle pays the prescribed amount, no prosecution will be launched. It also provides that if the temporary absence does not exceed 6 months, there is no need to report the change. ##### 50. Transfer of ownership. - (1) Where the ownership of any motor vehicle registered under this Chapter is transferred. - (a) the transferor shall, - ----- (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee ; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)- (A) the no objection certificate obtained under section 48 ; or (B) in a case where no such certificate has been obtained, - (I) the receipt obtained under sub-section (2) of section 48 ; or (II) the postal acknowledgement received by the transferor if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted ; (b) the transferee shall, within thirty days of the transfer , report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where - (a) the person in whose name a motor vehicle stands registered dies, or, (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, ----- the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) ( hereafter in this section referred to as the other person ) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5) : Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amount having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub­ section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. ----- (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. **_Corresponding_** **_Law.-_** Section 50 corresponds to section 31 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 50 provides for recording the transfer of owner ship of a motor vehicle in the certificate of registration by the registering authorities when the property changes hands due to sale, or inheritance or purchase in public auction conducted by the Government. It also lays down that if the transfer is not reported to the registering authorities within prescribed time, the parties are liable for prosecution and if the party pays the prescribed amount in lieu of prosecution, no further action is to be taken. ##### 51. Special provisions regarding motor vehicle subject to hire­ purchase agreement, etc.- (1) Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement ( hereafter in this section referred to as the said agreement ) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. (2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 24[last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 25[and an intimation in this regard shall be sent to the original registering authority if the last registering authority is not the original registering authority.] (3) Any entry made under sub - section (1) or sub - section ( 2), may be cancelled by the 26[ last registering authority ] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe 27 [ and an intimation in this behalf shall be sent to ----- the original registering authority if the last registering authority is not the original registering authority.] (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate ##### of registration as the person with whom the registered owner has entered into the said agreement. (5) Where the person whose name has been specified in the certificate of24252627 24. Substituted for “original registering authority” by Act 54 of 1994, S. 14 (w.e.f. 14-11­ 1994). 25. Added, ibid (w.e.f. 14-11-1994). 26. Substituted, _ibid,_ for “original registering authority” (w.e.f. 14-11-1994). 27. Added, ibid (w.e.f. 14-11-1994). registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle 28[from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make ( by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration ) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement. Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee : Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. ----- (6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark 2928[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application ] to the person with whom the registered owner has entered into the said agreement ( such person being hereafter in this section referred to as the financier ) for the issue of a no objection certificate ( hereafter in this section referred to as the certificate. ) 28. Inserted, ibid (w.e.f. 14-11-1994). 29. Substituted for “under section 47, make an application” by Act 54 of 1994, S. 14 (w.e.f. 14-11-1994). _Explanation_ _.-_ For the purposes of this sub-section and sub-section (8) and (9), ##### “appropriate authority” in relation to any permit, means the authority which is authorised by this Act to renew such permit and, in relation to registration means the authority which is authorised by this Act to issue, duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue the certificate applied for, and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, ----- or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this act, - (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either - (i) renew or refuse to renew the permit, or (ii) issue or refuse to issue the duplicate certificate of registration, or (ii)assign or refuse to assign a new registration mark ; (b) in any other case, - (j) renew the permit, or (ii) issue duplicate certificate of registration, or (iii)assign a new registration mark. (10) A registering authority making an entry in the certificate of registration regarding- (a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or (f) change of address, shall communicate 30[ by registered post acknowledgement due] to the financier that such entry has been made. ----- 31[(11)A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.] 30. Inserted by Act 54 of 1994, S. 14 ( w.e.f. 14-11-1994). 31. Sub-s. (11) substituted, ibid (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (11) read as under - “(11) A registering authority issuing a duplicate certificate of registration shall intimate the financier of such issue.” **_Corresponding_** **_Law._** - Section 51 corresponds to section 31-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 51 contains special provisions regarding motor vehicles subject to the agreements of hire-purchase, lease and hypothecation. Sub-clauses (1) to (4) make provision that the registering authorities may make a note of such agreement and cancellation of such agreement in the certificate of registration on a joint application by both the parties. It prohibits transfer of ownership of such vehicle without the written consent of the other party to the agreement. Sub-clause (5) provides for the issue of fresh certificate of registration to the financier by the registering authorities whether the financier has taken possession of the vehicle for default of the hirer and hirer has refused to hand over the certificate of registration. Sub-clause (6) to (9) lays down the procedure in making an application by the registered owner of the vehicle to the financier for grant of NOC, the grant of such certificate by the financier, production of NOC alongwith the application for the renewal of permit or the duplicate copy of the certificate of registration or for ----- assignment of fresh registration mark to a motor vehicle. The powers of the appropriate authorities for the grant or refusal of the application for the renewal of permit, and issue of duplicate certificate of registration and issue of fresh registration mark. Sub-clause (10) makes provision that the registering authorities making entries in the certificate of registration regarding certain transactions shall intimate such transactions to the financier. 32[52. **Alteration** **in** **motor** **vehicle.** - (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer : Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 32. S.52 substituted by Act 27 of 2000, S.2 (w.e.f. 11-8-2000). Prior to its substitutin, S. 52 read as under :- “52. Alternation in motor vehicle .- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless.- (a) he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the vehicle is normally kept, as the case may be of the alteration he proposes to make; and (b) he has obtained the approval of that registering authority to make such alteration : Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent. of the weight entered in the certificate of registration : *[Provided further that modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, compressed natural gas, solar power or any other fuel or source of energy other than liquid petroleum gas shall be treated as an alteration but that shall be subject to such conditions as may be prescribed.] ----- (2) Where a registering authority receives a notice under sub-section (1), it shall, within seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise : Provided further that the Central Government may prescribe specifications conditions for approval, retrofitment and other related matters for such conversion kits; Provided also that the Central Government may grant exemption for alteration ##### of vehicles in a manner other than specified above, for any specific purpose. (2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notifications, and permit any person owing not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority. (3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall for ward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-section (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. _Explanation._ - For the purpose of this section, “alteration” means a change in the structure of a vehicle which results in change in its basic feature.] ----- **_Corresponding_** **_Law.-_** Section 52 corresponds to section 32 of the Motor Vehicles Act, 1939. ##### 53. Suspension of registration. - (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction - (a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, o r is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle- (i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months. (2) an authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. ----- (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub - section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before. **_Corresponding_** **_Law._** **_—_** Section 53 corresponds to section 33 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 54 empowers the registering authorities to suspend the certificate of registration of a motor vehicle, if the vehicle is used for hire or reward without a permit. It also empowers the registering authority to suspend the certificate of registration of a vehicle if the vehicle is mechanically defective or if its use on public road will endanger public safety until the defects are rectified and the vehicle is certified to be road worthy. ##### 54. Cancellation of registration suspended under section 53. - Where the suspension of registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel the registration. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. ##### 55. Cancellation of registration. - (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business ----- where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle. (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration. (5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration. (6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in ----- writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration o f the vehicle. (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its ##### records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. (8) The expression “original registering authority” in this section and in section 41,49,50,51,52,53 and 54 means the registering authority in whose records the registration of the vehicle is recorded. (9) In this section “certificate of registration” includes a certificate of registration renewed under the provisions of this Act. **_Corresponding_** **_Law._** - Section 55 corresponds to section 34 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 55 contains provisions for the cancellation ##### of the certificate of registration by the registering authorities where the vehicle has been destroyed or has been rendered permanently incapable of use or has been lost and not recovered or is otherwise not traceable or its use will constitute a danger to public safety. It also provides that the registering authorities may cancel the certificate of registration if the registering authority is satisfied that engine number and chassis number noted in the certificate of registration differs from that found in the vehicle, or that the registration has been obtained by misrepresentation or fraud. ##### 56. Certificate of fitness of transport vehicles. - (1) Subject to the provisions of section 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a ----- certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder. Provided that where the prescribed authority or the “authorized testing station” refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. (2) The “authorized testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such station or garages. (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the object of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 33[Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualification.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. ----- **_Corresponding_** **_Law._** - Section 56 corresponds to section 38 of the Motor Vehicles Act, 1939 **_Objects_** **_and_** **_Reasons._** - Clause 58 requires that every transport vehicle should carry an effective certificate of fitness issued by the prescribed authorities or by any authorised testing stations specified by the State Governments. It also empowers the issuing authorities to cancel any such certificate if the vehicle fails to comply with the requirements of this Act. The certificate of fitness is to be effective throughout India. ##### 57. Appeals. - 34[(1) Any person aggrieved by an order of the registering authority under section 41,42,43,45,47,48,49,50,52,53,55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.] 33. Inserted by Act 54 of 1994, S. 16 (w.e.f. 14-11-1994) 34. Sub. - S. (1) substituted by S. 17 _ibid_ (w.e.f. 14-11-1994). Prior to its substitution, sub­ S. (1) read as under :- “(1) Any owner of a motor vehicle aggrieved by an order of refusal under section 45 to register a motor vehicle or to renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle) or under section 48 to issue a no objection certificate or under section 50 to enter the particulars of the transfer of ownership in the certificate of registration or under sub-section (1) of section 56 to issue a certificate of fitness or by an order of suspension under section 53 or cancellation under section 54 or section 55 or by an order of an cancellation under sub-section (4) of section 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the Prescribed Authority.” (2) The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such order as it think fit. **_Corresponding_** **_Law._** - Section 57 corresponds to section 35 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 56 seeks to provide for appeal against certain orders passed by the registering authorities. The aggrieved parties in such cases may approach the prescribed authorities and seek redress. ##### 58. Special provisions in regard to transport vehicles. - (1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the 35[maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle. (2) A registering authority, when registering a transport vehicle, other than a motorcab shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely :- (a) the unladen weight of the vehicle; 35. Substituted, _ibid,_ for “maximum safe laden weight” (w.e.f.14-11-1994). (b) the number, nature and size of the tyres attached to each wheel; (c) the gross weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage ##### of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) ----- in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels : Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicle of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 36[***] (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of 36. Sub-S. (4) omitted by Act 27 of 2000, S.3 (w.e.f. 11-8-2000). Prior to its omission, sub-S. (4) read as under :- “(4) When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the gross vehicle weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub-section (3), the provisions of section 52 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub-section.” sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority. **_Corresponding_** **_Law._** - Section 58 corresponds to section 36 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 57 empowers the Central Government to specify in relation to each make and model of a transport vehicle the maximum safe laden weight and the maximum safe axle weight of each such vehicle. It also provided that the registering authorities while registering a transport vehicle shall make a note of the unladen weight, and gross vehicle weight and such other particulars in the registration certificate of the vehicle. ----- ##### 59. Power to fix the age limit of motor vehicle. - (1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements ##### of this Act and the Rules made thereunder : Provided that the Central Government may specify different ages for different classes or different types of motor vehicles. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification. (3) Notwithstanding anything contained in section 56, no prescribed authority or authorized testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1). **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 59 seeks to empower the Central Government to specify the life of motor vehicle of any class or type beyond which the vehicle have to be kept-off the roads. It also confers upon the Central Government the power to exempt from the provisions of this clause vintage cars. ##### 60. Registration of vehicles belonging to the Central Government. - (1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle ----- which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprises and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act. (2) The authority registering a vehicle under sub-section (1) shall sign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this section. (3) A vehicle registered under this section shall carry the certificate issued under sub-section (2). (4) If a vehicle registered under this section ceases to be property or under the exclusive control of the Central Government, the provisions of section 39 and 40 shall thereupon apply. (5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require. **_Corresponding_** **_Law._** - Section 60 corresponds to section 39 of Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 60 provides that the Central Government may specify the authorities who may register certain motor vehicles of the Central Government to be specified by notification. ##### 61. Application of Chapter to trailers. - (1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle. ----- (2) The registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle as may be prescribed by the Central Government. (3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the Central Government. **_Corresponding_** **_Law._** - Section 61 corresponds to section 40 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 61 lays down that the registration marks ##### of trailers shall be exhibited in such manner as may be prescribed. 62. Information regarding stolen and recovered motor vehicle to be furnished by the police to the State Transport Authority. - The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made. **_Corresponding_** **_Law._** - This is new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 62 empowers the State Government to direct the Inspector General of Police to furnish to the State Transport Authority information regarding stolen and recovered motor vehicles. ##### 63. Maintenance of State Registers of Motor Vehicles. - (1) Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor ----- Vehicles, in respect of the motor vehicles in that State, containing the following particulars, namely :- (a) registration numbers; (b) years of manufacture; (c) classes and types; (d) names and address of registered owners; and (e) such other particulars as may be prescribed by the Central Government. (2) Each State Government shall supply to the Central Government 37[if so desired by it] a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Motor Vehicles shall be maintained in such 37. Inserted by Act 54 of 1994, S. 19 (w.e.f. 14-11-1994). manner as may be prescribed by the State Government. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 63 prescribes that the State Government may maintain a State register of all motor vehicles within its jurisdiction in the prescribed form and the State Government shall supply to the Central Government copies of such registers and any further additions or amendments. ##### 64. Power of the Central Government to make rules. - The Central Government may make rules to provide for all or any of the following matters, namely : - (a) the period within which and the form in which an application ##### shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; ----- (b) the form in which the certificate of registration shall be made and she particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate ##### of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) ##### of section 41 shall be displayed and shown; (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub­ section (8) of section 41; (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged. (g) the from in which and the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for “NoObjection Certificate” shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted alongwith the application; (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or ----- under sub-section (2) of section 50 and the document to be submitted alongwith the application. (l) the form in which the application under sub-section (2) or sub­ section (3) of section 51 shall be made; (m)the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; (o) the fees to be charged for the issue or renewal or alternation ##### of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicle, and the refund of such fees; (p) any other matter which is to be, or may be, prescribed by the Central Government. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 64 provides for the rule-making powers ##### of the Central Government in order to give effect to the provisions of this Chapter. ##### 65. Power of the State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeals and the refund of such fees); ----- (b) the appointment, functions and jurisdiction of registering and other prescribed authorities; (c) the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the conditions governing such exemption; (d) the issue or renewal of certificate of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or multilated; (e) the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight; (f) the temporary registration of motor vehicles, and the issue of temporary certificate of registration and marks; (g) the manner in which the particulars referred to in sub-section (2) ##### of section 58 and other prescribed particulars shall be exhibited; (h) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter. (i) the forms, other than those prescribed by the Central Government to be used for the purposes of this Chapter; (j) the communication between registering authorities of particulars ##### of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and of their registration; (k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) ##### of section 50; (l) the extension of the validity of certificate of fitness pending consideration of applications for their renewal; ----- (m)the extension from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers; ##### (n) the form in which and the period within which the return under section 62 shall be sent; (o) the manner in which the State Register of Motor Vehicles shall be maintained under section 63; (p) any other matter which is to be or may be prescribed. **_Corresponding_** **_Law._** - Section 65 corresponds to section 41 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 65 empowers the State Government to make rules for the purpose of carrying into effect the provisions of this Chapter. ### *CHAPTER V CONTROL OF TRANSPORT VEHICLES ##### 66. Necessity for permits. - (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used : Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a good carriage either when carrying passengers or not : Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the ----- vehicle for the carriage of goods for or in connection with a trade or business carried on by him. (2) The holder of a goods carriage permit may use the vehicle, for drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed: 38[Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailer.] (3) The provisions of sub-section (1) shall not apply - (a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise; to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; - S.5 of the T. N. Motor Vehicles (Special Provisions) Act, 1992 provides that the provisions of Ss. 3,4 and 6 of the 1992 T. N. Act shall have effect notwithstanding anything inconsistent therewith contained in Chaps. V and VI including S.98 of the Motor Vehicles Act, 1988. 38. Added by Act 54 of 1994, S. 20 (w.e.f. 14-11-1994). (b) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (c) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses; (d) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (e) to any transport vehicle used for any other public purposes as may be prescribed by the State Government in this behalf; (f) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; ----- 39[***] (i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; 40[***] 39. Cl. (h) omitted by Act 27 of 2000, S. 4 (w.e.f. 11-8-2000). Prior to its omission. Cl. (h) read as under :- “(h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Central or State Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India;” 40. Cl. (l) omitted by Act 39 of 2001, S. 2. Prior to its omission, Cl. (l) read as under : - “(l) to any motor vehicle which is operated by electric battery, compressed natural gas or solar energy;” (l) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction o n road, or unforeseen circumstances, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; (m) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify; (n) to any transport vehicle which is subject to a hire-purchase, lease hypothecation agreement and which owning to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or ----- (o) to any transport vehicle while proceeding empty to any place for purpose of repair; ##### (4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. **_Corresponding_** **_Law._** _-_ Section 66 corresponds to section 42 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 66 lays down that no motor vehicle shall be used as a transport vehicle without a permit issued by transport authorities to use the vehicle as such in a public place. It also provides for exemption of certain vehicles from the operation of the provisions of this clause on certain conditions and for usage for certain specific purposes. ##### 67. Powers to State Government to control road transport. - (1) A State Government, having regard to - (a) the advantages offered to the public, trade and industry by the development of motor transport. (b) the desirability of co-ordinating road and rail transport, (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among holders of permits, may, from time to time, by notification in the Official Gazette, issue directions both to the State Transport Authority and Regional Transport Authority- (i) Regarding the fixing of fares and freight (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages : 41[ **** ] (ii) regarding the prohibition or restriction, subject to such conditions as may be specified In the direction, of the conveying of long distance goods traffic generally, or of specified classes of goods carriages ; ----- (iii) regarding any other matter which may appear to the State Government necessary or expedient for giving effect to any agreement entered into with the Central Government or any other country relating to the regulation of motor transport generally, and in particular to its co-ordination with other means of transport and the conveying of long distance goods traffic. Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed direction is publised in the official gazette specifying there in a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard. (2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights hall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, 41. Proviso omitted by Act 39 of 2001, S. 2. Prior to its omission, the Proviso read as under :- “Provided that the fares and freights in respect of such stage carriages, contract carriages and goods carriages operated by battery, compressed natural gas or solar energy shall fixed by the owner or operator.” contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods. **_Corresponding_** **_Law_** **:-** Section 67 corresponds to section 43 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 67 authorises the State Government to issue direction to the Transport Authorities regarding the fixing of fares and freight for transport vehicles, the prohibition and restriction for the carriage of long distance goods traffic, the giving effect to any inter -state inter-country agreement in respect ##### of regulation of motor transport. 68. Transport Authorities - (1) The State Government shall, by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise ----- and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas ( in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities : Provided that in the Union Territories, the Administrator may abstain from constituting any Regional Transport Authority. (2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or ##### a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons ( whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other person ( whether officials or not), not being more than two, as the State Government may think fit to appoint ; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of a State or Regional Transport Authority, and , if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office. Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to a pass any order or take any decision under any law : Provided further that the State Government may, - (i) where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist ##### of only one member who shall be an official with judicial experience or experience as ----- an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law ; (ii) by rules made in this behalf, provide for the transaction of business of such authority in the absence of the Chairman or any other member and specify the circumstances under which, and the manner in which, such business could be so transacted : Provided also that nothing in this sub-section shall be construed as debarring an official ( other than an official connected directly with the management or operation ##### of a transport undertaking ) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking. (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely :- (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State ; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; 42[(ca) Government to formulate routes for playing stage carriages; and ] (d) to discharge such other functions as may be prescribed. (4) For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions. ----- (5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. **_Corresponding_** **_Law_** **-** Section 68 corresponds to section 44 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **-** Clause 68 confers upon the State Governments, the power to constitute State Transport Authority and Regional Transport Authorities consisting of officials and also non-officials. It also provides that if the State Government so desires, the transport authority may consist of one member who shall be an official. It also provides for delegation of powers by the transport authorities to any authorities or persons for convenient despatch of business. ##### 69. General provision as to applications for permits - (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles : Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is 42. Inserted by Act 54 of 1994, S. 22 ( w.e.f. 14-11-1994). approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles; Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case ##### of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State ----- Transport Authority of the region in which the applicant resides or has his principal place of business. **_Corresponding_** **_Law_** **-** Section 69 corresponds to section 45 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **-** Clause 69 specifies the transport authorities to whom applications for permits to operate transport vehicles on intra-district, inter-district, inter-State and inter-State routes has to be made. ##### 70. Application for stage carriage permit - (1) An application for a permit in respect of a stage carriage ( in this Chapter referred to as a stage carriage permit ) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely :- (a) the route or routes or the area or areas to which the application relates ; (b) the type and seating capacity of each such vehicle ; (c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips. **_Explanation_** **-** For the purposes of this section, section 72, section 80 and section 102, “trip” means a single journey from one point to another, and every return journey shall be deemed to be a separate trip; (d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; (f) such other matters as may be prescribed. (2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. **_Corresponding_** **_Law_** **:-** Section 70 corresponds to section 46 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **-** Clause 70 prescribes the form of application for the grant of stage carriage permit and spare bus permit. ----- ##### 71. Procedure of Regional Transport Authority in considering application for stage carriage permit - (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the object of this Act : 43[******] (2) A Regional Transport Authority shall refuse to grant a stage carriage permit ##### if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened : Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions. (3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of stage carriages are fixed under clause (a), the 43. Proviso omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ). Prior to its omission, the Proviso read as under :- “provided that such permit for a route of fifty kilometers or less shall be granted only to an individual or a State Transport undertaking.” Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State. (c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub­ clause (b). (d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely :- ----- (i) financial stability of the applicant ; (ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given applications for permits from - (i) State transport undertakings ; (ii) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force ; 44[*] (iii) Ex-servicemen ; 4546[or] 46[(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary]. 47[**] 47[**] **_Explanation_** **-** For the purposes of this section “ company ” means any body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm. 44. The word “or” omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ). 45. Inserted, ibid ( w.e.f. 14-11-1994 ). 46. Inserted, ibid ( w.e.f. 14-11-1994 ). **_Corresponding_** **_Law_** **:-** Section 71 corresponds to section 47 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **-** Clause 71 lays down the procedure in considering applications for stage carriage permits by the Regional Transport Authorities and also provides for empowering the State Government to issue direction to the Transport authorities to limit the number of stage carriage permits in certain towns and cities with a population of not less than five lakhs. ##### 72. Grant of stage carriage permit - (1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, ----- grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit : Provided that no such permit shall be granted in respect of any route or area not specified in the application. (2) The Regional Transport Authority, of it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely :- (i) that the vehicles shall be used only in a specified area, or on a specified route or routes; (ii)that the operation of the stage carriage shall be commenced with effect from a specified date ; (iii)the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions ; 47. Ss. (40 and (5) omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ). Prior to their omission, sub-Ss. (4) and (5) read as under :- “(4) A Regional Transport Authority shall not grant more than five stage carriage permits to any individual or more than ten stage carriage permits to any company ( not being a State transport undertaking ). (5) In computing the number of permits to be granted under sub-section (4), the permits held by an applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also betaken into account.” (iv)that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area ; (v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify ; (vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points ; ----- (vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons; (viii) the weight and nature of passenger's luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (ix) the rate of charge that may be levied for passengers' luggage in excess of the free allowance ; (x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used : Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date ; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers ; (xiii)that fares shall be charged in accordance with the approved fare table ; (xiv) that a copy of , or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts ; (xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner ; (xvi) that mails shall be carried on the vehicle subject to such conditions ( including conditions as to the time in which mails are to be carried and the charges which may be levied ) as may be specified ; ----- (xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions ; (xviii) the conditions subject to which the vehicle may be used as a contract carriage ; (xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle ; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use ; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority ; (xxii) that the Regional Transport Authority may, after giving notice of not less than one month , - (a) vary the conditions of the permit ; (b) attach to the permit further conditions : Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the regional transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe ; (xxiv) any other conditions which may be prescribed. **_Corresponding_** **_Law_** **:-** Section 72 corresponds to section 48 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 72 empowers the transport authorities to grant or refuse a stage carriage permit and also to impose certain conditions and attach such conditions to the permits issued. ----- ##### 73. Application for contract carriage permit - An application for a permit in respect of a contract carriage ( in this Chapter referred to as a contract carriage permit ) shall contain the following particulars, namely :- (a) the type and seating capacity of the vehicle ; (b) the area for which the permit is required ; (c) any other particulars which may be prescribed. **_Corresponding_** **_Law_** **:-** Section 73 corresponds to section 49 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 73 prescribes the form of application for contract carriage permit. ##### 74. Grant of contract carriage permit :- (1) Subject to the provisions of sub-section (3), a regional transport authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit : Provided that no such permit shall be granted in respect of any area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely:- (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicle, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers; (v) that, in the case of motorcabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle; ----- (vi) that, in the case of vehicles other than motorcabs, specified rates of hiring not exceeding specified maximum shall be charged; (vii) that, in the case of motorcabs, a specified weight of passengers luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii)that, in the case of motorcabs, a taximeter shall be fitted and maintained in proper working order, if prescribed; (ix) that the Regional Transport Authority may, after giving notice of not less than one month,- (a) vary the conditions of the permit (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying ##### of the vehicle or carrying of the passengers shall not be refused; (xiii)any other conditions which may be prescribed. (a)(3) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of contract carriages are fixed under clause (a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely :- (i) financial stability of the applicant (ii) satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages ; and ----- (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from - (i) the India Tourism Development Corporation ; (ii) State Tourism Development Corporation ; (iii) State Tourism Departments ; (iv) State Transport undertakings ; (v) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force ; (vi) Ex-servicemen. **_Corresponding_** **_Law_** **:-** Section 74 corresponds to section 51 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 74 seeks to empower the transport authorities to grant or refuse a contract carriage permit and as also to impose certain conditions and attach such conditions to the permits issued. It also empowers the Central Government to issue directions to transport authorities to limit the number of permits to be issued in cities and towns having a populations of not less than 5 lakhs. ##### 75. Scheme for renting of motorcabs. - (1) the central government may by notification in the official gazatte, make a scheme for the purpose of regulating the business of renting of 48[motorcabs or motor cycles to persons desiring to drive either by themselves or through drivers, motorcabs or motor cycles]for their own use and for matters connected therewith. (2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely;- (a) licensing of operators under the scheme including grant, renewal and revocation of such licences; (b) form of application and form of licences and the particulars to be contained therein; (c) fee to be paid with the application for such licences; (d) the authorities to which the application shall be made; ----- (e) condition subject to which such licences may be granted, renewed or revoked; (f) appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences; (g) conditions subject to which motorcabs may be rented; (h) maintenance of records and inspection of such records; (i) such other matters as may be necessary to carry out the purpose ##### of this section, **_Corresponding_** **_Law_** **:-** this is a new provision in the 1988 ACT. **_Objects_** **_and_** **_Reasons_** **:-** Clause75 provides that the central government may make a scheme for regulating the renting of motorcabs to hirers enabling the hirers to drive the vehicles themselves for their own use. ##### 76. Application for private service vehicle permit. - (1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit; Provided that no such permit shall be granted in respect of any area or route not specified in the application. 48. Substituted for “motorcabs to persons desiring to drive the cabs” by Act 54 of 1994, S. 24 ( w.e.f. 14-11-1994 ). (2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely;- (a) type and seating capacity of the vehicle ; (b) the area or the route or routes to which the application relates ; (c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle ; and (d) any other particulars which may be prescribed. (3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely :- ----- (i) that the vehicle be used only in a specified area or on a specified route or routes ; (ii) the maximum number of persons and the maximum weight of luggage that may be carried ; (iii) that the Regional Transport Authority may, after giving notice of not less than one month - (a) vary the conditions of the permit ; (b) attach to the permit further conditions ; (iv) that the conditions of permit shall not be departed from, save with the approval of the Regional Transport Authority; (v) that specified standards of comforts and cleanliness shall be maintained in the vehicle ; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, specify ; and (vii) such other conditions as may be prescribed. **_Corresponding_** **_Law_** **:-** Section 76 corresponds to section 52 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 76 deals with permits for private service vehicles for the transport of employees by the employers otherwise than for hire or reward, the authorities to grant such permits and the conditions to be attached to such permit. ##### 77. Application for goods carriage permit :- An application for a permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage ##### of goods for or in connection with a trade or business carried on by the applicant ( in this Chapter referred to as a goods carriage permit ) shall, as far as may be, contain the following particulars, namely :- (a) the area or the route or routes to which the application relates ; (b) the typed and capacity of the vehicle ; (c) the nature of the goods it is proposed to carry ; ----- (d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods ; (e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the rates charged by the applicant: (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region ; (g) any other particulars which may be prescribed. **_Corresponding_** **_Law_** **:-** Section 77 corresponds to section 54 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** **:-** Clause 77 prescribes the form of application for goods carriage permit. ##### 78. Consideration of application for goods carriage permit :- A Regional Transport Authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely;- (a) the nature of the good to be carried with special reference to their dangerous or hazardous nature to human life; (b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life. **_Corresponding_** **_law.-_** Section 78 corresponds to section 55 of the motor vehicles act, 1939. **_Objects_** **_and_** **_reasons.-_** Clause 78 deals with procedure for the grant of goods of carriage permit ##### 79. Grant of goods carriage permit. - (1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: ----- Provided that no such permit shall be granted in respect of any area or route not specified in the application. (2) The Regional Transport Authority, if it decides to grant a goods carriage permit it, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:- (i) that the vehicle shall be used only in a specified area, or on a specified route or routes; (ii) that the gross vehicle weight of any vehicle used shall not exceed ##### a specified maximum; (iii) that goods of a specified nature shall not be carried; (iv) that goods shall be carried at specified rates; (v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, prescribe; (vii) that the Regional Transport Authority may, after giving notice of not less than one month,- (a) vary the conditions of the permit; (b) attach to the permit further conditions; (viii) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority ; (ix) any other conditions which may be prescribed. (3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. **_Corresponding_** **_Law._** **-** Section 79 corresponds to section 56 of the motor vehicles act, 1939. ----- **_Objects_** **_and_** **_Reasons._** **-** Clause 79 provides for the grant of goods carriage permits, the power of transport authorities to grant or refuse such permits and to impose conditions and attach such conditions to the permit. ##### 80. Procedure in applying for and granting permits :- (1) An application for a permit of any kind may be made at any time. (2) A 49[ Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act; Provided that the 50[ Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74; Provided further that where a 51[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] refuses an application for the grant of a permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter. 49. Substituted for “Regional Transport Authority” by Act 54 of 1994, S. 25 (w.e.f. 14-11-1994 ). 50. Substituted, ibid, for “Regional Transport Authority” ( w.e.f. 14-11-1994 ). 51. Substituted, ibid, for “Regional Transport Authority” ( w.e.f. 14-11-1994 ). (3) An application to vary the conditions of any permit, other than a temporary permit, by the inclusion of a new route or routes or a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum or by the variation, extension or curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit ; Provided that it shall not be necessary so to treat an application made by the holder of stage carriage permit who provides the only service on any route to increase ----- the frequency of the service so provided without any increase in the number of vehicles ; Provided further that, - (i) in the case of variation, the termini shall not be altered and the distance covered by the variation shall not exceed twenty four kilometers ; (ii) in the case of extension, the distance covered by extension shall not exceed twenty four kilometers from the termini, & any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof. (3) A 52[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid. Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit. 52. Substituted for “Regional Transport Authority” by Act 54 of 1994, S. 25 ( w.e.f. 14-11­ 1994 ). (4) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the remainder ##### of the period during which the replaced permit would have been so effective. **_Corresponding_** **_Law._** **-** Section 80 corresponds to section 57 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 80 lays down the procedure in applying for and granting permits of any kind, variations of permits and replacement of permits by fresh permits under certain circumstances by the transport authorities. ----- ##### 81. Duration and renewal of permits. - (1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub­ section (8) of section 88 shall be effective 53[ from the date of issuance or renewal thereof ] for a period of five years. Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be renewed on in application made not less than 15 days before the date of its expiry. (3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (4)The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely :- (a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application ; (b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of 53. Substituted, by S. 26, _ibid,_ for “without renewal” ( w.e.f. 14-11-1994 ). (c) consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely :- (i) plying any vehicle - (1) without payment of tax due on such vehicle ; (2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle ; (3) on any unauthorised route ; (ii) making unauthorised trips: ----- Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account : Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant. (5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded. **_Corresponding_** **_Law.-_** Section 81 corresponds to section 58 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 81 lays down the validity of a permit of any kind as 5 years. It also provides for the renewal of the permit for 5 years, the time within which application for renewal of permit should be submitted to the transport authorities and the conditions subject to which the permit may be renewed automatically. ##### 82. Transfer of permit. - (1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself : Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit : Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. ----- (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit : Provided that the Transport Authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. **_Corresponding_** **_Law._** **-** Section 82 (1) corresponds to section 59(1) and section 82 (2) corresponds to section 61 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 83 enables the holder of the permit to replace the vehicles covered by the permit by another vehicle of the same nature with the permission of the transport authority which granted the permit. ##### 83. Replacement of vehicles. - The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. **_Corresponding_** **_Law.-_** Section 83 corresponds to section 59(2) of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 83 enables the holder of the permit to replace the vehicles covered by the permit by another vehicle of the same nature with the permission of the transport authority which granted the permit. ##### 84. General conditions attaching to all permits. - The following shall be conditions of every permit - (a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder ; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act ; (c) that any prohibition or restriction imposed any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates ; ----- (d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113 ; (e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f) that the provisions of Chapter X, XI and XII so far as they apply to the holder of the permit are observed ; and (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters. **_Corresponding_** **_Law.-_** Section 84 corresponds to section 59(3) of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 84 prescribes general conditions attaching to all kinds of permit. ##### 85. General form of permits. - Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto. **_Corresponding_** **_Law.-_** Section 85 corresponds to section 59-A of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons_** **.-** Clause 85 lays down the general form of permit. ##### 86. Cancellation and suspension of permits.- (1) The Transport Authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit - (a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle covered by the permit, or ----- (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country : Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. (2) The Transport Authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the Transport Authority. (3) Where a Transport Authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub-section (1) ( other than the power to cancel a permit ) by the Transport Authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the Transport Authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, than notwithstanding anything contained in sub-section (1), the Transport Authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon. (6) The powers exercisable by the Transport Authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority. (7) In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under sub-section (1) ( other than the power to cancel a permit ) by the Transport Authority which granted the permit, may be exercised by any Transport ----- Authority and any authority or persons to whom power in this behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or persons. **_Corresponding_** **_Law.-_** Section 86 corresponds to section 60 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 86 seeks to empower the transport authority which granted the permit to cancel the permit or suspend it for a specified period for the breach of the conditions of the permit or for specific offences specified in this clause. It also confers powers on the transport authority to permit compounding of offences under this clause by recovering the money agreed upon from the permit holder in lieu of the suspension or cancellation of the permit. ##### 87. Temporary permits. - (1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four month, to authorise the use of a transport vehicle temporarily - (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit : Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. (2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where - (i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a Court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained ; or ----- (ii) as a result of the suspension by a Court or other competent authority ##### of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension : Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended. **_Corresponding_** **_Law._** **-** Section 87 corresponds to section 62 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 87 confers upon the transport authorities the power to issue temporary permits to transport vehicles for a limited period for the use ##### of the vehicle temporarily for certain specified purposes. 88. Validation of permits for use outside region in which granted. - (1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned : Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State, shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned : Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State : ----- Provided also that - (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence ; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits. Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub­ section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be ----- submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, insofar as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspaper in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 54[grant a special permit to any 54. Substituted for “grant a special permit in relation to a vehicle covered” by Act 54 of 1994, S. 27 ( w.e.f. 14-11-1994 ). public service vehicle including any vehicle covered ] by a permit issued under section 72 ( including a reserve stage carriage ) or under section 74 or under sub­ section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the ----- countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (10 but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86, 55*[clause (d) of sub-section (1) of section 87 and section 89 ] shall, as far as may be, apply in relation to such permits. 56[***] (11) The following shall be conditions of every permit granted under sub­ section (9), namely :- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf ; (ii) every such motor vehicle shall be driven by person having such qualifications and satisfying such conditions as may be specified by the Central Government ; and 55. Substituted, ibid, for “and 89” ( w.e.f. 14-11-1994 ). (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub - section ( 14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of section 69, 77, 79, 80, 81, 82, 83, 84, 85, 86, 57[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be apply to or in relation to the grant of national permits. ----- 58 [****] (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- 56. Sub-S. (100 omitted, ibid ( w.e.f. 14-11-1994 ). Prior to its omission, sub-S. (10) read as under :- “(10) Without prejudice to the provisions of section 74, the State Transport Authority shall, in considering an application for a permit under sub-section (9) in respect of tourist vehicles other than motorcabs have regard to the following matters, namely :- (a) no such permit shall be issued - (i) to an individual owner so as to exceed ten such valid permits in his own name, (ii) to a company so as to exceed twenty such valid permits in its own name ; (b) the restriction under clause (a) regarding the number of permits to be granted shall not apply to the India Tourism Development Corporation, State Tourism Development Corporations, State Tourism Departments or State Transport undertakings ; (c) in computing the number of permits for the purposes of clause (a), the number of permits held by an applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also be taken into account. Explanation .- For the purposes of this sub-section and sub-section (13), “company” means a body corporate, and includes a firm or other association of individuals, and “director”, in relation to a firm, means a partner in the firm”. 57. Substituted for “and 89” by Act 54 of 1994, S. 27 ( w.e.f. 14-11-1994 ). (i) the authorisation fee payable for the issue of a permit referred to in sub-section (9) and (12) ; (ii) the fixation of the laden weight of the motor vehicle ; (i) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle ; (ii) the colour or colours in which the motor vehicle is to be painted ; (iii) such other matters as the appropriate authority shall consider in granting a national permit. ----- **_Explanation._** **-** In this section, - (a) “appropriate authority” , in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit ; (b) “authorisation fee” means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State of enable a motor vehicle, covered by the permit referred to in sub-section (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned ; (c) “national permit” means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States not being less than four in number, including the State in which the permit is 58. Sub-S. (13) omitted, ibid ( w.e.f. 14-11-1994 ). Prior to its omission, sub-S. (13) read as under :- “(13) The appropriate authority shall, in considering an application for a national permit, have regard to the following matters, namely :- (a) no national permit shall be issued - (i) to an individual owner so as to exceed five national permits in its own name ; (ii) to a company so as to exceed ten valid national permits in its own name ; (b) the restriction under clause (a) regarding the number of permits to be issued shall not apply to the State transport undertakings ; (c) in computing the number of permits for the purposes of clause (a), the number of permits held by an applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also be taken into account.” issued as may be specified in such permit in accordance with the choice indicated in the application. **_Corresponding_** **_Law._** **-** Section 88 corresponds to section 63 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 88 lays down the procedure for validation for use outside the region in which the permit is granted, for entering into an agreement between the States regarding the number of permits to be granted or counter-signed in each State on inter-State routes, for the issue of temporary permits to be valid in another State without the process of counter-signature in the other State, it also provides that national permit for goods carriages issued in one state and permits for ----- tourist vehicle issued in one state shall without counter signature in other state be valid throughout India, without a limit in the number of vehicles for which such permits may be granted but with certain limit on the holding of such permits by both individuals and companies. ##### 89. Appeals. - (1) Any person - (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under section 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 59[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a District Judge or who is qualified to be a judge ##### of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub-section (1) or sub-section ,(2) every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed. **Explanation** **.-** For the removal of doubts, it is hereby declared that when any order is made by the State Transport Authority or the Regional Transport Authority in ----- pursuance of a direction issued by the Inter-State Transport commission under clause (c) of sub-section (2) of section 63-A of the Motor Vehicles Act, 1939, as it stood immediately before the commencement of this Act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub - section (1) to the State Transport Appellate Tribunal against such **_Corresponding_** **_Law._** **-** Section 89 corresponds to section 64 of the motor vehicles act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 89 contains provisions for constitution by the State Governments, State Transport Appellate Tribunals for hearing of appeals filed by aggrieved persons, against the orders passed by the Transport authorities and lays down the nature of orders that can be taken on appeal. ##### 90. Revision. - The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no order by not against the direction so issued. 59. Sub-S. (2) substituted by Act 54 of 1994, S. 28 ( w.e.f. 14-11-1994 ). Prior to its substitution, sub-S. (2) read as under :- “(2) The State Government shall constitute for the State, a State Transport Appellate Tribunal which shall consist of a judicial officer who is not below the rank of a District Judge, or who is qualified to be a judge of a High Court : Provided that in relation to a Union territory, the Tribunal may consist of the Administrator of that territory or any officer who has judicial experience”. appeal lies, and if it appears to the State Transport Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final : Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order : Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the ----- applicant was prevented by good and sufficient cause from making the application in time : Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. **_Corresponding_** **_Law._** **-** Section 90 corresponds to section 64 - A of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 90 provides for filling of revision petition before State Transport Appellate Tribunal by the aggrieved persons on matters where no appeal is provided in clause 89. ##### 91. Restriction hours of work of drivers. - 60[(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 ( 27 of 1961 )]. (2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of 60. Sub-S. (1) substituted by Act 54 of 1994, S. 29 ( w.e.f. 14-11-1994 ). Prior to its substitution, sub-S. (1) read as under .­ “(1) No person shall cause or allow any person who is employed by him for the purpose of driving a transport vehicle or who is subject to his control for such purpose to work - (a) for more than five hours before he has had an interval of rest of at least half an hour ; or (b)for more than eight hours in one day ; or (c) for more than forty-eight hours in any week.” emergency of delays by reason of circumstances which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provision of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3), ----- (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1). **_Corresponding_** **_Law._** **-** Section 91 corresponds to section 65 of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons_** **.** **-** Clause 91 prohibits the driving of motor vehicles by a person for more than certain hours in a day and the hours of rest the driver should take after certain hours of continuous driving. ##### 92. Voidance of contracts restrictive of liability. - Any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. **_Corresponding_** **_Law._** **-** Section 92 corresponds to section 66 of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 92 lays down any contract purporting to negative or restrict the liability in respect of claim against third party risk, shall be void. ##### 93. Agent or canvasser to obtain licence. - (1) No person shall engage himself - (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicle or in otherwise soliciting customers for such vehicles, or (ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. (2) The conditions referred to in sub-section (1), may include all or any of the following matters, namely :- (a) the period for which a licence may be granted or renewed ; ----- (b) the fee payable for the issue or renewal of the licence ; (c) the deposit of security - (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages ; (ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited ; (d) the provision by the agent of insurance of goods in transit ; (e) the authority by which and the circumstances under which the licence may be suspended or revoked ; (f) such other conditions as may be prescribed by the State Government. (3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspaper, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence. **_Corresponding_** **_Law._** **-** Section 93 corresponds to section 66 - A of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 93 provides for licensing of goods booking agents and travel agents, security deposit and fees for the application, authorities who may issue such licences, suspension and cancellation of such licences and provision for appeal. It also provides that any advertisement by the agents or canvassers should contain the licence number and the authority who issued the licence. ##### 94. Bar on jurisdiction of Civil Courts. - No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit, shall be entertained by any Civil Court. **_Corresponding_** **_Law._** **-** This is a new provision in the 1988 Act. ----- **_Object_** **_and_** **_Reasons._** **-** Clause 94 bars the jurisdiction of Civil Court in matter relating to grant of permit under this Act. ##### 95. Power of State Government to make rules as to stage carriages and contract carriages - (1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing provision, such rules may - (a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer ; (b) require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand. (c) Require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor ; (d) Require, on demand being made for the purpose by the driver or conductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him ; (e) Require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid ; (f) Require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him ; (g) Require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger ; (h) Require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited. ----- (i) Require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same. **_Corresponding_** **_Law._** **-** Section 95 corresponds to section 67 of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 95 empowers the State Government to make rules to regulate, in respect of stage carriage and contract carriages. ##### 96. Power of State Government to make rules for the purposes of this Chapter .- (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely :- (i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them ; (ii) the conduct of business by any such authority in the absence of any member ( including the Chairman ) thereof and the nature of business which, the circumstances under which and the manner in which, business could so conducted ; (iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fee ; (iv) the forms to be used for the purpose of this Chapter, including the forms of permits ; (v) the issue of copies of permits in place of permits lost, destroyed or mutilated ; (vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed ; (vii) the fees to be paid in respect of applications for permits, duplicate permits and plates ; ----- (viii) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter. (ix) The custody, production and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled ; (x) The conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature ; (xi) The conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature ; (xii) The conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67. (xiii) The authorities to whom, the time within which and the manner in which appeals may be made ; (xiv) the construction and fittings of, and the equipment to be carried by, stage and contract carriages, whether generally or in specified areas ; (xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried ; (xvi) the conditions subjects to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers ; (xvii) the safe custody and disposal of property left in a stage or contract carriage ; (xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails ; (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriages, if used for such purpose ; ----- (xx) the provision of taxi meters on motorcabs requiring approval or standard types of taxi meters to be used and examining testing and sealing taxi meters ; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place ; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof ; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition ; (xxiii) the regulation of motorcab ranks ; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward ; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business ; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare ; (xxvii)the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried ; (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit customers for such vehicles ; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages ; ----- (xxx) the inspection of transport vehicles and their contents and of the permits relating to them ; (xxxi) the carriage of persons other than the driver in goods carriages; (xxxii)the records to be maintained and the returns to be furnished by the owners of transport vehicles ; and (xxxiii) any other matter which is to be or may be prescribed. **_Corresponding_** **_Law_** **;-** Section 96 corresponds to section 68 of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons_** **;-** Clause 96 provides that the State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. ##### CHAPTER - VI **Special** **Provisions** **Relating** **To** **State** **Transport** **Undertakings** ##### 97. Definition. - In this Chapter, unless the context otherwise requires, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward. **_Corresponding_** **_Law._** **-** Section 97 corresponds to section 68 - A (a) of the motor vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 97 seeks to define certain expression used in this Chapter. ##### *98. Chapter to override Chapter V and other laws.- The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law. **_Corresponding_** **_Law._** **-** Section 98 corresponds to section 68 - B of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 98 lays down that the provisions of this Chapter override the provisions of Chapter V and other laws. ----- ##### 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. - 61* 62[(1) Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding ##### a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. 62[(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section , then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during *S. 5 of the T.N. Motor Vehicles ( Special Provisions ) Act, 1992 provides that the provisions of Ss. 3, 4 and 6 of the 1992 Act shall have effect notwithstanding anything inconsistent therewith contained in Chaps. V and VI including S. 98 of the Motor Vehicles Act, 1998. 61. S. 99 re-numbered as sub-S. (1) thereof by Act 54 of 1994, S. 30 ( w.e.f. 14-11-1994 ). 62. Inserted by Act 54 of 1994, S. 30 ( w.e.f. 14-11-1994 ). the tendency of the proposal and such temporary permit shall be valid only for a period on one year from the date of its issue or till the date of final publication of the scheme under section 100, whichever is earlier. ] **_Corresponding_** **_Law._** **-** Section 99 corresponds to section 68 - C of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 99 deals with the preparation of the proposal by the State Government to nationalise road transport services to be operated by State Transport Undertakings and publication of such proposals in the official gazettes and newspapers in regional languages inviting objections. ----- ##### 100. Objection to the proposal. - (1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. (3) The scheme relating to the proposal as approved or modified under sub­ section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route ; Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed. **_Explanation._** **-** In computing the period of one year referred to in this sub­ section, any period or periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any Court shall be excluded. **_Corresponding_** **_Law._** **-** Section 100 corresponds to section 68 - D of the motor vehicles Act, 1939. ----- **_Object_** **_and_** **_Reasons._** **-** Clause 100 lays down that the State Government may approve or modify the proposal after hearing the objections and publish the approved scheme in the official gazette and newspapers within one year from the date ##### of first publication failling which the proposal to nationalise is deemed to have lapsed. 101. Operation of additional services by a State transport undertaking in certain circumstances. - Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings. Provided that the State transport undertaking shall inform about the operation ##### of such additional services to the concerned Transport Authority without delay. **_Corresponding_** **_Law._** **-** This is a new provision in the 1988 Act. **_Object_** **_and_** **_Reasons._** **-** Clause 101 seeks to empower the State Transport Undertakings to operate additional services for the conveyance of passengers during fairs and religious gathering and intimate the transport authorities. ##### 102. Cancellation or modification of scheme.- (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving - (j) the State transport undertaking ; and (ii) any other person who, in the opinion of the State Government , is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification. (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government. **_Corresponding_** **_Law._** **-** Section 102 corresponds to section 68 - E of the motor vehicles Act, 1939. ----- **_Object_** **_and_** **_Reasons._** **-** Clause 102 provides for modifications and cancellation ##### of the approved scheme by the State Government and the procedure to be followed. ##### 103. Issue of permits to State transport undertakings. - (1) Where, in pursuance of an approved scheme, any State Transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of ##### a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State Transport undertaking, notwithstanding anything to the contrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,- (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending ; (b) cancel any existing permit ; (c) modify the terms of any existing permit so as to - (i) render the permit ineffective beyond a specified date ; (ii) reduce the number of vehicles authorised to be used under the permit; (iii) curtail the are or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2). **_Corresponding_** **_Law._** **-** Section 103 corresponds to section 68 - F of the motor vehicles Act, 1939. **Objects** **and** **Reasons** **.-** Clause 103 lays down the procedure in the matter of giving effect to the approved scheme and grant of permit to the State Transport Undertaking in pursuance of the approved scheme. ----- ##### 104. Restriction on grant of permits in respect of a notified area or notified route. - Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme ; Provided that where no application for a permit has been made by the State Transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect ##### of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State Transport undertaking in respect of that area or route. **_Corresponding_** **_Law._** **-** Section 104 corresponds to section 68 - FF of the motor vehicles Act, 1939. **_Object_** **_and_** **_Reasons._** **-** Clause 104 provides that the Transport authorities shall not grant any permit to private sector on notified routes or notified areas except in accordance with the provisions of the scheme. It also provides that where STU has not come forward to operate services on such routes or areas private sector may be given temporary permit untill such time STU comes forward to operate services. ##### 105. Principles and method of determining compensation and payment thereof. - (1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms there of are modified, there shall be paid by the state transport under taking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section(4) or sub-section(5), as the case may be. (2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit. ----- (3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103. (4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payable to the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows :- (a) for every complete month or part of a month Two hundred exceeding fifteen days of the unexpired period rupees ; ##### of the permit (b) for part of a month not exceeding fifteen days One hundred ##### of the unexpired period of the permit. rupees. Provided that the amount of compensation shall, in no case, be less than four hundred rupees. (5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit re modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely :- Y x A R **_Explanation._** **-** In this formula - (i) “Y” means the length or area by which the route or area covered by the permit is curtailed ; (ii) “A” means the amount computed in accordance with subsection (4); (iii) “R” means the total length of the route or the total area covered by the permit. ----- (6) The amount of compensation payable under this section shall be paid by the State Transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective : Provided that where the State transport undertaking fails to make the payment within the s aid period of one month, it shall pay interest at the rate ##### of seven percent. Per annum from the date on which it fails due. **_Corresponding_** **_Law._** _-_ Sub-section (1) to (5) of section 105 correspond to section 68-G, whereas sub-section (6) of section 105 corresponds of section 68­ H of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 105 sets out the principles and methods for determining compensation and payment thereof where a private operator is affected in pursuance of the giving effect to an approved scheme. ##### 106, Disposal of article found in vehicles. - Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand. **_Corresponding_** **_Law._** _-_ Section 106 corresponds to section 68-HH of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 106 speaks of the procedure in the disposal of articles found unclaimed in the vehicle owned by State Transport Undertaking. ##### 107. Power of State Government to make rules. - (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- ----- (a) the form in which any proposal regarding a scheme may be published under section 99; (b) the manner in which objections may be filed under sub­ section (1) of section 100; (c) the manner in which objections may be considered and disposed of under sub-section (2) of section 100; (d) the form in which any approved scheme may be published under sub-section (3) of section 100; (e) the manner in which application under sub-section (1) of section 103 may be made ; (f) the period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale ##### of such article. (g) The manner of service of orders under this Chapter ; (h) Any other matter which has to be, or may be, prescribed. **_Corresponding_** **_Law._** _-_ Section 107 corresponds to section 68 - 1 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 107 enables the State Government to make rules for the purpose of carrying into effect the provisions of this Chapter. ##### 108. Certain powers of State Government exercisable by the Central Government. - The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area. **_Corresponding_** **_Law._** _-_ Section 108 corresponds to section 68 - J of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 108 makes provisions for the Central Government to exercise certain powers of the State Government in relation to an inter - State route or area, relating to certain cases. ----- ### CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES ##### 109- General provision regarding construction and maintenance of vehicles. - (1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 63[(3) If the Central Government is of the opinion that it is necessary or expedient so to do, in public interest, it may, by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.] **_Corresponding_** **_Law._** - Sub-sections (1) and (2) of section 109 correspond to sections 69 and 69-A of the Motor Vehicles Act, 1939, respectively. However, sub-section (3) of section 109, is a new provision. **_Objects_** **_and_** **_Reasons._** _-_ Clause 109 sets out general provisions regarding constructions and maintenance of motor vehicles. ##### 110. Power of Central Government to make rules. - (1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the 63. Inserted by Act 54 of 1994, S. 31 (w.e.f. 14-11-1994). following matters, namely :- (a) the width, height, length and overhand of vehicles and of the loads carried; 64[(b) the Size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture, and the maximum load carrying capacity; ] (c) brakes and steering gear; ----- (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; ##### (j) safety belts, handle bars or motor cycles, auto-dippers and other equipment's essential for safety of drivers, passengers and other road users. (k) Standards of the components used in the vehicle as inbuilt safety devices; (l) Provision for transportation of goods of dangerous or hazardous nature to human life; (m) Standards for emission of air pollution's; 65[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles; (p) warranty after sale of vehicle and norms therefore:] 64. Cl. (b) substituted by Act 54 of 1994, S.32 (w.e.f. 14-11-1994). Prior to its omission Cl. (b) read as under :- “(b) the size, nature and condition of tyres;” 65. Inserted, ibid (w.e.f. 14-11-1994). Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either ----- generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances. (3) Notwithstanding anything contained in this section, - (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government. **_Corresponding_** **_Law._** - Section 110 corresponds to section 69- B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 110 empowers the Central Government to make rules regarding equipment and in built safety measures to be provided in motor vehicle at the manufacturing point such as safety belt, standards of component, controlling air and noise pollution, etc. and also regarding exemption to be granted in certain cases. ##### 109. Power of State Government to make rules. - (1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely : - (a) seating arrangements in public service vehicles and the protection ##### of passengers against the weather : (b) prohibiting or restricting the use of audible signals at certain times or in certain places : (c) prohibiting the carrying of appliances likely to cause annoyance or danger : ----- (d) the periodical testing and inspection of vehicles by prescribed authorities 6667[ and fees to be charged for such test ;] (e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; and (f) the use of trailers with motor vehicles ; 67 [***] **_Corresponding_** **_Law_** - Section 111 corresponds to section 70 of the Motor Vehicles Act , 1939. **_Objects_** **_and_** **_Reasons._** - Clause 111 empowers the State Government to make rules in respect of matters other than those conferred on the Central Government regulating the construction, equipment and maintenance of motor vehicles. ### CHAPTER VIII CONTROL OF TRAFFIC ##### 112. Limits of speed - (1) No person shall drive a motor vehicle of cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force : Provided that such maximum speed shall in no case exceed the maximum 66. Inserted by Act 54 of 1994, S. 33 (w.e.f. 14-11-1994). 67. Cl.(g) omitted, _lbid_ (w.e.f. 14-11-1994). Prior to its omission, Cl. (g) read as under :- “(g) the placement of audio-visual or radio or tape-recorder type of devices in the vehicle.” fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette. (2) The State Government of any authority authorised in this behalf by the state Government may , if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, & by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed ----- limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads : Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery practice Act, 1938 (5 ##### of 1938). **_Corresponding_** **_Law._** _-_ Section 112 corresponds to section 71 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 112 prescribes the maximum speed at which each class or type of motor vehicle can be driven. It also empowers the State Government to restrict the speed of any class of motor vehicle in certain circumstances. ##### 113. Limits of weight and limitations on use. - (1) The State Government may prescribe the conditions for the issue of permits for 68[transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.* 68.Substituted for “heavy goods vehicles or heavy passenger motor vehicles” by Act 54 of 1994, S. 34 (w.e.f. 14-11-1994). (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic types. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer - (a) The unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle or ----- (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate or registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer. **_Corresponding_** **_Law._** _-_ Section 113 corresponds to section 72 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 113 seeks to empower the State Government to impose restrictions on the laden weight of vehicles to be driven on public roads. ##### 114. Power to have vehicle weighed. - (1) 69[Any officer of the Motor Vehicles Department authorised in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113.] require the driver to convey the vehicle to a weighting device, if any, within a distance of ten kilometers from any point on the forward route or within a distance of twenty kilometers from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene is any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place 69. Substituted for “Any person authorised in this behalf by the State Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, “by Act 54 of 1994, S. 35 (w.e.f. 14-11-1994). until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions. (2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit. ----- **_Corresponding_** **_Law._** - Section 114 corresponds to section 73 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 114 seeks to authorise the State Government to empower officers to weight goods carriages & wherever it is found that the vehicle is carrying excess load, to direct the driver to unload the excess goods at his risk and not to proceed unless such excess load is unloaded. ##### 115. Power to restrict the use of vehicles. - The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because ##### of the nature of any road or bridge, may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified are or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places : Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary but such local publicity is the circumstances may permit shall be given of such prohibition or restriction. **_Corresponding_** **_Law._** - Section 115 corresponds to section 74 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 115 empowers the State Government and prescribed authorities to restrict the driving of any specified class of motor vehicle and also to restrict the driving of any class of motor vehicle below a minimum speed fixed for that class of vehicle on any public road. ##### 116. Power to erect traffic signs. - (1) (a) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic sings to be placed or erected in any public place for the purpose ##### of bringing to public notice any speed limits fixed under sub-section (2) of ----- section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic. (a) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes ##### of the driving regulations made by the Central Government. (2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit provided that the transcriptions shall be similar size and colour to the words, letters or figures set forth in the Schedule. (3) Except as provided by sub-section (1),, no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1). (4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which in his opinion is so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to district the attention or concentration of the driver. (5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to a traffic sign an renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer ----- or at a police station as soon as possible, and in any case within twenty - four hours of the occurrence. (7) For the purpose of bringing the sign set forth in 70[the First Schedule] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, 71[the First Schedule] shall be deemed to be amended accordingly. **_Corresponding_** **_Law._** - Section 116 corresponds to section 75 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 116 confers power on the State Government and any authority authorised by the State Government to erect traffic signs on public road for the information of road users. It also empowers certain officers to remove from the public road any s ign which is likely to distract the attention of a driver. ##### 117. Parking places and halting stations. - The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. 70. Substituted for “the Schedule” by Act 54 of 1994, S. 36 (w.e.f. 14-11-1994) 71. Substituted for “the Schedule” by Act 54 of 1994, s. 36 (w.e.f. 14-11-1994). **_Corresponding_** **_Law._** - Section 117 corresponds to section 76 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 117 permits determing the parking places and halting stations for motor vehicles for the purpose of picking up and setting down passengers. ##### 118. Driving regulations. - The Central Government may, by notification in the Official Gazette, make regulations* for the driving of motor vehicles. ----- **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. ##### 119. Duty to obey traffic signs. - (1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section “mandatory traffic sign” means a traffic sign included in Part A of 72[the First Schedule], or any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116. **_Corresponding_** **_Law._** - Section 119 corresponds to section 78 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 119 lays down that it is the duty of every driver of a motor vehicle to drive the motor vehicle in conformity with the indication given in mandatory traffic signs. ##### 120. Vehicles with left hand control. - No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left ### - hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order. - In exercise of power conferred by S. 118, the Central Government made the Rules of the Road Regulations, 1989, w.e.f. 1-7-1989. 72. Substituted for “the Schedule” by Act 54 of 1994, S. 36 (w.e.f. 14-11-1994). **_Corresponding_** **_Law._** - Section 120 corresponds to section 80 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 120 prohibits driving of motor vehicle fitted with left hand control unless it is fitted with mechanical or electrical signalling device. ----- ##### 121. Signals and signalling devices. - The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government : Provided that the signal of an intention to turn to the right or left or to stop - (a) in the case of a motor vehicle with a right - hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and (b) in the case of a motor vehicle with a left - hand steering control, shall be given by a mechanical or electrical device or a prescribed nature affixed to the vehicle : Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation ##### of this section for the purpose of plying in that are or route. **_Corresponding_** **_Law._** - Section 121 corresponds to section 79 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 121 specifies that the drivers of motor vehicles including the vehicles fitted with left hand steering should give appropriate signals including mechanical and electrical signals of their intention to turn right or left. ##### 122. Leaving vehicle in dangerous position - No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers. **_Corresponding_** **_Law._** - Section 122 corresponds to section 81 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** _-_ Clause 122 lays down that no motor vehicle should be left on the public road in a dangerous position or in such a manner so as to cause inconvenience to other road users or abandoned. ##### 123. Riding on running board, etc. - (1) No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle. (2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. **_Corresponding_** **_Law._** - Section 123(1) corresponds to section 82 of the Motor Vehicles Act, 1939. However, sub-section (2) of section 123, is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** _-_ Clause 123 prohibits travelling in running board or on top or on the bonnet of any motor vehicle. ##### 124. Prohibition against travelling without pass or ticket. - No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket; Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, he shall make the payment of his fare to the conductor or the driver who performs the functions ##### of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. _Explanation._ - In this section, - (a) “pass” means a duty privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein; (b) “ticket” includes a single ticket, a return ticket or a season ticket. **_Corresponding_** **_Law._** - Section 124 corresponds to section 82 - A of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** _-_ Clause 124 prohibits travelling in buses without ticket or pass. ##### 125. Obstruction of driver. - No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle. **_Corresponding_** **_Law._** - Section 125 corresponds to section 83 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 125 no driver of a motor vehicle shall allow any person to be seated in such a position so as to hamper his driving. ##### 126. Stationary Vehicles. - No person driving or in charge of a motor vehicle shall cause or allow thevehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. **_Corresponding_** **_Law._** - Section 126 corresponds to section 84 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 126 lays down that no motor vehicle should remain stationary in a public place unless there is a licensed driver in the vehicle or where the engine has stopped running, proper precautionary methods have been taken to ensure that the vehicle will not move accidentally in the absence of the driver. ##### 127. Removal of motor vehicles abandoned or left unattended on a public place. - 73[(1) where any motor vehicle is abandoned or left 73. Sub-S.(1) substituted by Act 54 of 1994, S.37(w.e.f. 14-11-1994). Prior to its substitution, sub-S.(1) read as under :- “(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more, its removal by a towing service may be authorised by a police officer having jurisdiction.” unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its ----- immobilisation by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the 74[public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the 75[public place] by a towing service may be authorised by a police officer having jurisdiction. (3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty. **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** _-_ Clause 127 makes provision empowering Police Officers to tow away the motor vehicles which are abandoned or left unattended on any public road and recover the cost of removal from the owners of such vehicles. ##### 128. Safety measures for drivers and pillion riders. - (1) No driver of a two - wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon. **_Corresponding_** **_Law._** - Sub - section (1) of section 128 corresponds to section 85 of the Motor Vehicles Act, 1939. However, sub-section (2) of section 128, is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** _-_ Clause 128 prescribes certain safety measures for 74. Substituted for “highway” by Act 54 of 1994, S.37 (w.e.f. 14-11-1994). 75. Substituted, _ibid,_ for “highway” (w.e.f. 14-11-1994). drivers and pillion riders of motor vehicles. It also empowers the Central Government to prescribe other safety measures in this regard. ----- ##### 129. Wearing of protective headgear. - Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear 76[protective headgear conforming to the standards of Bureau of Indian Standards:] provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban : provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. _Explanation._ - “Protective headgear” means a helmet which, - (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear. **_Corresponding_** **_Law._** **-** Section 129 corresponds to section 85 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 129 empowers the State Government to prescribe protective headgear to be worn by the drivers or pillion riders of motor cycle other than a person who is a Sikh wearing a turban and to make such exemption as the State Government thinks fit. ##### 130. Duty to produce licence and certificate of registration. - (1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination. Provided that the driver may, of his licence has been submitted to, or has been 76. Substituted by S. 38, ibid, for " a protective headgear of such descriptions as may be specified by the State Government by rules made by it in this behalf, and different descriptions of headgears may be specified in such rules in relation to different circumstances or different class or description of motor cycles" (w.e.f. 14-11-1994) sized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in ----- respect thereof an thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 77[(2) The conductor, if any, of a motor vehicle on any public place shall, on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 78[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate ##### of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post the officer who demanded it. _Explanation._ _-_ For the purposes of this sub-section, “certificate of insurance” means the certificate issued under sub-section (3) of section 147.] (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in 77. Sub-S. (2) substituted by Act 54 of 1994, S.39 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (2) read as under :- “(2) The conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination” 78. Sub-S.(3) substituted, _ibid_ (w.e.f. 14-11-1994). Prior to its substitution, sub-S.(3) read as under:- “(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall on demand by a registering authority or any person authorised in this behalf by the State Government, produce the certificate or registration and the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to I section 56 and the permit. _Explanation._ - for the purposes of this sub-section, “certificate of insurance” means the certificate issued under sub-section(3) of section 147”. ----- the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand : Provided that, except to such extent and with such modifications as may be prescribed, the provisions this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle. **_Corresponding_** **_Law._** - Section 130 corresponds to section 86 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 130 requires the driver of a motor vehicle to produce on demand by a Police Officer, the driving licence, registration certificate, fitness certificate in the case of transport vehicle. ##### 131. Duty of the driver to take certain precautions at unguarded railway level crossings. - Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver ##### of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed. **_Corresponding_** **_Law._** **_-_** This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 131 prescribes certain duties for a driver approaching an unmanned level crossing to ensure safe crossing of the vehicle in the interest of public safety. ##### 132. Duty of driver to stop in certain cases. - (1) The driver of motor vehicle shall cause the vehicle to stop & remain stationary so long as 79[may for such reasonable time as may be necessary, but not exceeding twenty-four hours],- ----- 80[(a) when required to do so by any police officer not below the rank ##### of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or] ##### (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or (c) 798180[***] And he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184, give his name and address to that person. ##### (3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat. **_Corresponding_** **_Law._** **_—_** Section 132 corresponds to section 87 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 132 details the duty of the driver of a motor vehicle to stop his vehicle in certain circumstances such as when his vehicle is involved in an accident, etc. ##### 133. Duty of owner of motor vehicle to give information- The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the 79. Substituted for “may reasonably be necessary” by Act 54 of 1994, S.40 (w.e.f. 14-11-1994) 80. Cl. (a) substituted, _ibid_ (w.e.f. 14-11-1994). Prior to its substitution, Cl. (a) read as under :- “(a) when required to do so by any police officer in uniform; or” 81. Cl.(c) omitted by Act 54 of 1994, S.40 (w.e.f. 14-11-1994). Prior to its omission, Cl.(c) read as under :- “(c) when the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage,”. ----- State Government, give all information regarding the name and address of, and the licence held by, the dirver or conductor which is in his possession or could by reasonable diligence be ascertained by him. **_Corresponding_** **_Law-_** Section 133 corresponds to section 88 of the Motor Vehicles Act. 1939. **_Objects_** **_and_** **_Reason-_** Clause 133 provides that the owner of a motor vehicle shall, on demand by a Police Officer, furnish the name and address of the driver or the conductor of the vehicle who are accused of any offence under this Act alongwith the licence number, etc. ##### 134. Duty of driver in case of accident and injury to a person. # - When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall - (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, 8283[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desired otherwise; (b) give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, or not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence; 83[(c) give the following information in writing to the insurer, who has 82. Substituted by S.41, _ibid,_ for “and, if necessary, convey him to the nearest hospital”(w.e.f. 14-11-1994). 83. Inserted by Act 54 of 1994, S. 41 (w.e.f. 14-11-1994). ----- issued the certificates of insurance, about the occurrence of the accident, namely :- (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii.) particulars of the persons injured or killed in the accident; (iv.) name of the driver and the particulars of his driving licence. _Explanation._ _-_ For the purposes of this section, the expression “driver” includes the owner of the vehicle.] **_Corresponding_** **_Law._** **_—_** Section 134 corresponds to section 89 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 134 sets out the duties of the driver involved in accident, such as reporting the accident to the Police Station, rendering medical aid to the injured, etc. ##### 135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc. - (1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for - (a) an in depth study on causes and analysis of motor vehicle accidents; (b) wayside Amenities on highways; (c) traffic aid posts on highways; and (d) truck parking complexes along highways. (2) Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature. **_Corresponding_** **_Law._** **_—_** This is new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 135 empowers the State Government to frame scheme for indepth study of motor vehicle accident way-side amenities, traffic and posts and truck parking complexes. ##### 136. Inspection of vehicle involved in accident. - When any accident occurs in which a motor vehicle is involved, any person authorised in this ##### behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable ----- time any premises where the vehicle may be, and may remove the vhielce for examination : Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned 84[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours.] **_Corresponding_** **_Law._** **_—_** Section 136 corresponds to section 90 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 136 prescribes that a motor vehicle involved in accident should be produced for inspection before the person authorised by the State Government and for this purpose it empowers the officers to enter into any premises and remove the vehicle for inspection. ##### 137. Power of Central Government to make rules. - The Central Government may make rules to provide for all or any of the following matters, namely ;- (a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; (b) the manner in which the licences and certificates may be produced to the police officer under section 130. **_Corresponding_** **_Law._** **_—_** This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 137 lays down that the Central Government may make rules to carry into effect the provisions of this Chapter where Central Government is authorised. ##### 138. Power of State Government to make rules. - (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the removal and the safe custody of vehicles including their 84. Substituted for “without necessary delay” by Act 54 of 1994, S.42 (w.e.f. 14-11-1994). ----- loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire Brigade vehicles, ambulance and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic; and (j) any other matter which is to be, or may be, prescribed. **_Corresponding_** **_Law._** - Section 138 corresponds to section 91 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 138 empowers the State Government to make rules for the purposes of carrying into effect the provisions of this Chapter. # CHAPTER IX ##### MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 139. Power of Central Government to make rules. - (1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely :- ----- (a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to driver a motor vehicle during their absence from India; (b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India. (2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of the following matters, namely :- ##### (a) the conditions subject to which motor vehicles carrying on such services may be brought into India from outside India and possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any places in India to any place outside India; (c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India; (d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors of such motor vehicles. (e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited; (f) the use of trailers with such motor vehicles; ----- (g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act [other than those referred to in sub-section (4)] or the rules made thereunder; (h) the identification of the drivers and conductors of such motor vehicles; (i) the replacement of the travelling passes, certificates or authorisations, permits, licence or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed; (j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services; (k) any other matter which is to be, or may be, prescribed. ##### (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. ##### (4) Nothing in this Act or in any rule made thereunder by a State Government relating to - (a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment ##### of motor vehicles, or (c) The licencing and the qualifications of drivers and conductors of motor vehicles shall apply - (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub­ section (1) or under sub-section (2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply. **_Corresponding_** **_Law._** - Section 139 corresponds to section 92 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 139 authorises the Central Government to make rules for carrying into effect the provisions of this Chapter relating to ----- the regulation of services of motor vehicles operating between India and any other country under reciprocal agreement, etc. # CHAPTER X ##### LIABILITY WITHOUT FAULT IN CERTAIN CASES 140. Liability to pay compensation in certain cases on the principle of no fault. — (1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall, or, as the case may be, the owners ##### of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub­ section (1) in respect of the death of any person shall be a fixed sum of 85[fifty thousand rupees] and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of 868587[twenty - five thousand rupees]. (3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. 87(5) Notwithstanding anything contained in sub-section (2) regarding 85. Substituted for “twenty - five thousand rupees” by Act 54 of 1994, S. 43 (w.e.f. 14-11­ 1994). 86. Substituted, _ibid,_ for “twelve thousand rupees” (w.e.f. 14-11-1994). 87. Inserted, ibid (w.e.f. 14-11-1994). ----- death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force : Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163 - A]. **_Corresponding_** **_Law._** - Section 140 corresponds to section 92 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 140 provides for liability to pay compensation in certain cases on the principle of no fault. ##### 141. Provisions as to other right to claim compensation for death or permanent disablement - (1) The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to 88[any other right, except the right to claim under the scheme referred to in section 163 - A (such other right hereafter] in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this Act or of any other law for the time being in force. (2) A claim for compensation under section 140 in respect of death or permanent disablement of any person shall be disposed of as expeditiously as possible and where compensation is claimed in respect of such death or permanent disablement under section 140 and also in pursuance of any right on the principle of fault, the claim for compensation under section 140 shall be disposed of as aforesaid in the first place. (3) Notwithstanding anything contained in sub-section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first-mentioned compensation and - (a) if the amount of the first-mentioned compensation is less 88. Substituted for “any other right hereafter” by Act 54 of 1994, S. 44 (w.e.f. 14-11-1994) ----- than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first-mentioned compensation; (b) if the amount of the first-mentioned compensation is equal to or more than the amount of the second-mentioned compensation, he shall not be liable to pay the second-mentioned compensation. **_Corresponding_** **_Law._** **-** Section 141 corresponds to section 92 - B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 141 makes provision to claim compensation for death or permanent disablement besides the claim for compensation for no fault liability. ##### 142. Permanent disablement. - For the purposes of this Chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving :- (a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or (b) destruction or permanent impairing of the powers of any members or joint; or (c) permanent disfiguration of the head or face. **_Corresponding_** **_Law._** - Section 142 corresponds to section 92 - C of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 142 seeks to classify injuries which are considered as permanent disablement for the purpose of this Act. ##### 143. Applicability of Chapter to certain claims under Act 8 of 1923. - The provisions of this Chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the Workmen's Compensation Act, 1923 (8 of 1923) resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this ----- purpose, the said provisions shall, with necessary modifications, be deemed to form part of that Act. **_Corresponding_** **_Law._** - Section 143 corresponds to section 92 - D of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 143 lays down that the provision of this Chapter shall also apply in relation to any claims under Workmen's Compensation Act. ##### 144. Overriding effect. - The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Act or of any other law for the time being in force. **_Corresponding_** **_Law._** - Section 144 corresponds to section 92 - E of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 144 provides for overriding effect of this Chapter over any other provisions of this Act or any law for the time being in force. ### CHAPTER XI **INSURANCE** **OF** **MOTOR** **VEHICLES** **AGAINST** **THIRD** **PARTY** **RISKS** ##### 145. Definitions. - In this Chapter, - (a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972, and any Government insurance fund authorised to do general insurance business under that Act, (b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) “liability”, wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140; (d) “policy of insurance” includes “certificate of insurance”; ----- (e) “property” includes goods carried in the motor vehicle, roads, bridges, culverts, causeways, trees, posts and mile-stones; (f) “reciprocating country” means any such country as may on the basis ##### of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Chapter; (g) “third party” includes the Government. **_Corresponding_** **_Law._** **-** Section 145 corresponds to section 93 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 145 seeks to define certain words and expressions appearing in this Chapter. ##### 146. Necessity for insurance against third party risk. - (1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter : 89[Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991)]. _Explanation._ _-_ A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. (2) Sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise. (3) The appropriate Government may, by order, exempt from the operation of sub-section (1) any vehicle owned by any of the following authorities, namely :- (a) the Central Government or a State Government, if the vehicle is 89. Inserted by Act 54 of 1994, S. 45 (w.e.f. 14-11-1994). ----- used for Government purposes connected with any commercial enterprise; (b) any local authority; (c) any State transport undertaking : Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties. _Explanation._ - For the purposes of this sub-section, “appropriate Government” means the Central Government or a State Government, as the case may be, and - (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government; (ii) in relation to any corporation or company owned by the Central Government & one or more State Governments, means the Central Government; (iii)in relation to any other State transport undertaking or any local authority, means that Government which has control over that undertaking or authority. **_Corresponding_** **_Law._** **_—_** Section 146 corresponds to section 94 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 146 speaks of the necessity for insurance against third party risk. ##### 147. Requirement of policies and limits of liability. - (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which - (a) is issued by a person who is an authorised insurer; and (b) insurers the person or classes of persons specified in the policy to the extent specified in sub - section (2) - (i) against any liability which may be incurred by him in ----- respect of the death of or bodily 90[injury to any person, including owner of the goods or his authorised representative carried in the vehicle] or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place ; (ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place; Provided that a policy shall not be required - (i) to cover liability in respect of the death, arising out of and in the course of this employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out ##### of and in the course of his employment other than a liability arising under the Workmen's Compensation Act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee - (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as a conductor ##### of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods carriage, being carried in the vehicle, or (ii) to cover any contractual liability. _Explanation._ - For the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely :- 90. Substituted for “injury to any person” by Act 54 of 1994, S.46 (w.e.f. 14-11- 1994). ----- (a) save as provided in clause (b), the amount of liability incurred. (b) in respect of damage to any property of a third party, a limit of rupees six thousand : Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier. (3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) where a cover note issued by the insurer under the provisions of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe. (5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons. **_Corresponding_** **_Law._** - Section 147 corresponds to section 95 of the Motor Vehicle Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 147 lays down the requirements of the policies and the limit of liability in respect of passengers and persons other than passengers in relation to passenger vehicles and goods carriages. ----- ##### 148. Validity of polices of insurance issued in reciprocating countries. — Where, in pursuance of an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164, such policy of insurance shall be effective throughout the route or area in respect of which, the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter. **_Corresponding_** **_Law._** - Section 148 corresponds to section 95 - A, of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 148 provides for the validity of policies of insurance issued in a reciprocating country in respect of motor vehicle of the reciprocating country operating on any route common to the two countries. ##### 149. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. - (1) if, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgement or award in respect ##### of any such liability as is requirement to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) 91[or under the provisions of section 163 - A] is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid of cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgement debtor, in respect of the 91. Inserted by Act 54 of 1994, S. 47 (w.e.f. 14-11-1994). ----- liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgements. (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgement or award unless, before the commencement of the proceedings in which the judgement or award is given the insurer had notice through the Court or, as the case may be, the Claims Tribunal of the bringing ##### of the proceedings, or in respect of such judgement or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice ##### of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely :- (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely :- (i) a condition excluding the use of the vehicle - (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licenced, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii)a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or ----- (b) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgement as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgement is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgement were given by a Court in India : Provided that no sum shall be payable by the insurer in respect of any such judgement unless, before the commencement of the proceedings in which the judgement is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2). (4) Where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause (b) of sub­ section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect : Provided that any sum paid by the insurer in or towards the discharge ##### of any liability of any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person. (5) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of ----- this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person. (6) In this section the expression “material fact” and “material particular” means, respectively, a fact or particular of such a nature as to influence the judgement of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions, and the expression “liability covered by the terms of the policy” means liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy. (7) No insurer to whom the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgement or award as is referred to in sub-section (1) or in such judgement as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be. _Explanation._ _-_ For the purposes of this section, “Claims Tribunal” means a Claims Tribunal constituted under section 165 and “award” means an award made by that Tribunal under section 168. **_Corresponding_** **_Law._** **_-_** Section 149 corresponds to section 96 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 149 lays down that it is the duty of the insurers to satisfy judgements against persons insured in respect of third party risk. ##### 150. Rights of third parties against insurers on insolvency of the insured. - (1) Where under any contract of insurance effected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third parties, then - (a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors, or (b) where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being ----- passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary is any provision of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting either directly or indirectly to avoid the policy or to alter the rights ##### of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect. (4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but - (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess, and ----- (b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance. **_Corresponding_** **_Law._** - Section 150 corresponds to section 97 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 150 provides that in the event of the insured becoming insolvent any liability incurred by the insured person and his rights against the insurer will be transferred to and vest in the third party to whom the liability was so incurred. ##### 151. Duty to give information as to insurance. - (1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall on demand by or on behalf of the person making the claim refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect hereof. (2) In the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give at the ----- request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provision of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to an vested in him by section 150, and for the purpose of enforcing such rights, if any; and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub­ section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned. (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty so imposed to be inspected and copies thereof to be taken. **_Corresponding_** **_Law._** **_—_** Section 151 corresponds to section 98 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **_—_** Clause 151 prescribes that it is the duty of the insured to give information relating to the insurance on demand by or on behalf of the person making the claim for compensation. ##### 152. Settlement between insurers and insured persons. - (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement. (2) Where a person who is insured under a policy issued for the purpose of this Chapter has become insolvent, or where, if such insured person is a company, a winding-up order has been made or a resolution for a ----- voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. **_Corresponding_** **_Law._** - Section 152 corresponds to section 99 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 152 lays down that any settlement made by the insurer in respect of any claim which may be made by the third party will not be valid unless the third party is a party to the claim. ##### 153. Saving in respect of section 150,151 and 152. - (1) For the purposes of section 150,151 and 152 a reference to “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of section 150, 151 and 152 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. **_Corresponding_** **_Law._** - Section 153 corresponds to section 100 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 153 lays down that the liability of the insurer will be only in respect of that particular policy alone and not in respect of any other policy of insurance. ##### 154. Insolvency of insured persons not to affect liability of insured or claims by third parties. - Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub-section (1) or sub-section (2) of section 150 shall, ----- notwithstanding anything contained in this Chapter, not affect any liability of that person of the nature referred to in clause (b) of sub-section (1) of section 147; but nothing in this section shall affect any rights against the insurer conferred under the provisions of section 150,151 and 152 on the person to whom the liability was incurred. **_Corresponding_** **_Law._** **-** Section 154 corresponds to section 101 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 154 provides that the insolvency of the insured will not affect the liability of the insured or affect the claims of third parties or the rights against the insurer. ##### 155. Effect of death on certain causes of action. - Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925 (39 of 1925) of the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. **_Corresponding_** **_Law._** - Section 155 corresponds to section 102 of the Motor Vehicle Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 155 makes it clear that in the event of the death of the insured after the happening of an accident in which his motor vehicle was involved, the right of third parties will not be barred against the insured or his excise. ##### 156. Effect of certificate of insurance. - When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then - (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and ----- (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. **_Corresponding_** **_Law._** - Section 156 corresponds to section 103 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 156 provides that where the insurer has issued a certificate of insurance, and the policy of insurance has not been issued, then the policy to be issued be deemed to be in terms conforming in all respects to the particulars mentioned in the certificate of insurance. ##### 157. Trasnfer of certificate of insurance. - (1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfer to another person the ownership of the another vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour ##### of the person to whom the motor vehicle is transferred with effect from the date of its transfer. 92[Explanation. - For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.] (2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance. 92. Inserted by Act 54 of 1994, S. 48 (w.e.f. 14-11-1994) ----- **_Corresponding_** **_Law._** _-_ Section 157 corresponds to section 103-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 157 lays down that when the certificate ##### of registration is transferred from one person to another, then the policy of insurance in respect of that vehicle is also deemed to have been transferred to that other person from the date on which the ownership of the motor vehicle stands transferred. ##### 158. Production of certain certificates, licence and permit in certain cases. — (1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce - (a) the certificate of insurance; (b) the certificate of registration; (c) the driving licence; and (d) in the case of a transport vehicle also the certificate of fitness referred to in section 56 and the permit, relating to the use of the vehicle. (2) If, where owing to the presence of a motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificate, driving licence and permit referred to in sub-section (1) to a police officer, he shall produce the said certificates, licence and permit at the police station at which he makes the report required by section 134. (3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the ----- accident or to the officer-in-charge of the police station at which he reported the accident : Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance. (5) In this section, the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146. 93[(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and insurer]. 93. Sub.-S. (6) substituted by Act 54 of 1994, S.49 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (6) read as under :- “(6) As soon as any information regarding any accident involving death or bodily injury yo any person is recorded or a report under this section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same also to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer.” ----- **_Corresponding_** **_Law._** - Section 158 corresponds to section 106 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 158 makes it compulsory on the part of the driver of the vehicle involved in accident, to produce the certificate of registration and insurance, the certificate of fitness and permit and driving licence without delay. It also provides that the police officer who makes a report of accident shall send a copy of the report to the Accident Claims Tribunal. ##### 159. Production of certificate of insurance on application for authority to use vehicle. - A State Government may make rules requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those rules to the effect that either - (a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or (b) the vehicle is a vehicle to which section 146 does not apply. **_Corresponding_** **_Law._** - Section 159 corresponds to section 107 of the Motor Vehicle Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 159 empowers the State Government to make rules to require production of certificate of insurance of a motor vehicle at the time of payment of taxes and in the case of transport vehicle to have a valid certificate of insurance before the vehicle is put on public road after obtaining a permit. ##### 160. Duty to furnish particulars of vehicle involved in accident. ### - A registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any ----- motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe. **_Corresponding_** **_Law._** - Section 160 corresponds to section 109 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons.-_** Clause 160 lays down that it is the duty of the police officer registering accident case and the registering authority to furnish to the person who alleges that he is entitled to claim compensation all such particulars in such form and within such time as the Central Government may prescribe. ##### 161. Special provisions as to compensation in case of hit and run motor accident. - (1) For the purposes of this section, section 162 and section 163 - (a) “grievous hurt” shall have the same meaning as in the Indian Penal Code, 1860 (45 of 1860); (b) “hit and run motor accident” means an accident arising out ##### of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (c) “scheme” means the scheme framed under section 163. (2) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the General Insurance Corporation of India formed under section 9 of the said Act and the insurance companies for the time being carrying on general insurance business in India shall provide for paying in accordance with the provisions of this Act and the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents. ----- (3) Subject to the provisions of this Act and the scheme, there shall be paid as compensation - (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of 94[twenty-five thousand rupees]; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of 95[twelve thousand and five hundred rupees]. (4) The provisions of sub-section (1) of section 166 shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-section. **_Corresponding_** **_Law._** - Section 161 corresponds to section 109 - A of the Motor Vehicle Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 161 provides for framing of a scheme by the Central Government for the payment of compensation in “hit and run” cases. It also lays down the amount of compensation in respect of the death and also in respect of grievous hurt. ##### 162. Refund in certain cases of compensation paid under section 161. - (1) The payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law or otherwise so much ##### of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161 shall be refunded to the insurer. (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor 94. Substituted for “eight thousand and five hundred rupees” by Act 54 of 1994, S.50 (w.e.f. 14-11-1994). 95. Substituted, _ibid,_ for “two thousand rupees” (w.e.f. 14-11-1994). ----- vehicle or motor vehicles under any provision of this Act (other than section 161) or any other law, the Tribunal Court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such Tribunal, Court or other authority shall, - (a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1); (b) if an application for payment of compensation is pending under section 161 forward the particulars as to the compensation awarded by it to the insurer. _Explanation._ - For the purpose of this sub-section, an application for compensation under section 161 shall be deemed to be pending - (i) if such application has been rejected, till the date of the rejection of the application, and (ii) in any other case, till the date of payment of compensation in pursuance of the application. **_Corresponding_** **_Law._** - Section 162 corresponds to section 109-B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 162 seeks to provide that when compensation is awarded in a case where compensation under clause 161 has already been paid then so much of the compensation paid as per clause 161 shall be refunded to the insurer. ##### 163. Sceme for payment of compensation in case of hit and run motor accidents. — (1) The Central Government may, by notification in the Official Gazette, make a scheme specifying, the manner in which the scheme shall be administered by the General Insurance Corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure ----- to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation. (2) A scheme made under sub-section (1) may provide that - (a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both; (b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the Central Government, by such officer or authority to any other officer or authority; (c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium Fund under the Motor Vehicles Act, 1939 (4 of 1939) as it stood immediately before the commencement of this Act. Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision. **_Corresponding_** **_Law._** - Section 163 corresponds to section 109-C of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 163 empowers the Central Government to makes scheme for payment of compensation in “hit and run” accident cases detailing the procedure for making claim, the authorities to whom the claim should be made, etc. 96[163 **-** **A.** **Special** **provisions** **as** **to** **payment** **of** **compensation** **on** ##### structured formuala basis. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident ----- 96. Inserted by Act 54 of 1994, S. 51 (w.e.f. 14-11-1994). arising out of the use of motor vehicle compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be. _Explanation._ _-_ For the purposes of this sub-section, “permanent disability” shall have the same meaning and extent as in the Workmen's Compensation Act, 1923. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule.] **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. 97[163-B. **Option** **to** **file** **claim** **in** **certain** **cases.** _-_ Where a person is entitled to claim compensation under section 140 and section 163-A, he shall file the claim under either of the said sections and not under both.] **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. ##### 164. Power of Central Government to make rules. - (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Chapter, other than the matters specified in section 159. (2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the forms to be used for the purposes of this Chapter; (b) the making of applications for and the issue of certificates ##### of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; (d) the custody, production, cancellation and surrender of certificates of insurance; ----- 97. Inserted by Act 54 of 1994, S. 51 (w.e.f. 14-11-1994). (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicle exempted from the provisions of this Chapter; (g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications; (i) the form in which and the time limit within which the particulars referred to in section 160 may be furnished; and (j) any other matter which is to be, or may be, prescribed. **_Corresponding_** **_Law._** - Section 164 corresponds to section 111 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 164 confers upon the Central Government the power to frame rules to implement the provisions of clause 60. # CHAPTER XII CLAIMS TRIBUNALS ##### 165. Claims Tribunals. - (1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claim Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. _Explanation._ - For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death ##### of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 98[and section 163-A]. ----- 98. Added by Act. 54 of 1994, S. 52 (w.e.f. 14-11-1994). (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he - (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a High Court Judge 99[or as a District Judge.] (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them. **_Corresponding_** **_Law._** - Section 165 corresponds to section 110 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 165 empowers the State Government to constitute Claims Tribunals to adjudicate upon claims for compensation arising out of motor vehicle accidents, resulting in death or bodily injury to persons or damages to any property of third parties. ##### 166. Application for compensation. - (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made - (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any ##### of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be : Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the ----- 99. Added, _ibid_ (w.e.f. 14-11-1994). deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. 1[(2) Every application under sub - section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business or within the local limits of whose jurisdiction the defendant resides and shall be in such form and contain such particulars as may be prescribed : Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.] 2[***] 3[(4) The Claims Tribunal shall treat any report of accidents forwarded 1. Sub.-S. (2) substituted by Act 54 of 1994, S.53 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (2) read as under:- “(2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed : Provided that where any claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.” 2. Sub-S. (3) omitted, _ibid_ (w.e.f. 14-11-1994). Prior to its omission, sub-S.(3) read as under :- “(3) No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.” 3. Sub-S. (4) substituted by Act 54 of 1994, S. 53 (w.e.f. 14-11-1994). Prior its substitution, sub-S. (4) read as under :- “(4) Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act, the Claims Tribunal may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.” ----- to it under sub-section (6) of section 158 as an application for compensation under this Act.] **_Corresponding_** **_Law._** - Section 166 corresponds to section 110-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 166 provides for the form of application for compensation, the person who may claim compensation, the time within which the application should be filed, etc. It also provides that if the Claims Tribunal, think so, may treat the accident report filed by the Police Officer as per clause 158 as an application under this Act. ##### 167. Option regarding claims for compensation in certain cases. - Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either ##### of those Acts but not under both. **_Corresponding_** **_Law._** - Section 167 corresponds to section 110-AA of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 167 lays down that when claim arises under this Act and under the Workmen's Compensation Act, the person entitled to claim compensation may claim compensation only under either of these Acts and not under both the Act. ##### 168. Award of the Claims Tribunal. - (1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or ----- owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be : Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X. (2) The Claim Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. **_Corresponding_** **_Law._** - Section 168 corresponds to section 110-B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 168 provides that the Claims Tribunal shall deliver the copies of the award to the parties within fifteen days of the award and that the person against whom the award is made shall deposit the amount awarded within thirty days of announcement of the award. ##### 169. Procedure and powers of Claims Tribunals. - (1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedures as it thinks fit. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. ----- (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. **_Corresponding_** **_Law._** - Sub - sections (1), (2) and (3) correspond to sub­ section (1), (2) and (3) respectively, of section 110 - C of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 169 lays down the procedure to be followed by the Claims Tribunal in setting claims compensation and the powers ##### of the Claim Tribunals. 170. Impleading insurer in certain cases. - Where in the course of any inquiry, the Claims Tribunal is satisfied that - (a) there is collusion between the person making the claim and the person against whom the claim is made, or (b) the persons against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. **_Corresponding_** **_Law._** - Section 170 corresponds to section 110-C(2-A) of the Motor Vehicles Act, 1939. ##### 171. Award of interest where any claim is allowed. - Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. **_Corresponding_** **_Law._** - Section 171 corresponds to section 110-CC of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 170 empowers the Claims Tribunal to order that simple interest at such rates as it thinks fit shall also be paid alongwith the award of compensation. ##### 172. Award of compensatory costs in certain cases. - (1) Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that - (a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence such Tribunal may make an order for the payment, by the party who is guilty of mis­ representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward. (2) No Claims Tribunal Shall pass an order for special costs under sub­ section (1) for any amount exceeding one thousand rupees. (3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as is referred to in sub-section (1). (4) Any amount awarded by way of compensation under this section in respect of any mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence. **_Corresponding_** **_Law._** - Section 172 corresponds to section 110-CCC of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 171 seeks to empower the Claims Tribunals to award special compensatory costs where in certain cases it is found that there has been mis-representation of case or vexatious to claims or defence. ----- ##### 173. Appeals. - (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court : Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court, unless he has deposited with it twenty-five thousand rupees of fifty per cent, of the amount so awarded, whichever is less, in the manner directed by the High Court : Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees. **_Corresponding_** **_Law._** - Section 173 corresponds to section 110-D of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 172 makes provision for appeal to High Court by the aggrieved against the orders of Claim Tribunal and where the person aggrieved is the person who has to pay the compensation such person shall deposit 50 percent of the amount awarded as directed by the High Court. ##### 174. Recovery of money from insurer as arrear of land revenue. - Where any amount is due from any person under an award, the Claim Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue. **_Corresponding_** **_Law._** - Section 174 corresponds to section 110-E of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 173 lays down that any money due from any person under an award by the Claim Tribunal may be recovered by the Collector as arrears of land revenue. ----- ##### 175. Bar on jurisdiction of Civil Courts. - Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claim Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court. **_Corresponding_** **_Law._** - Section 175 corresponds to section 110-F of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 174 bars the jurisdiction of Civil Courts where any Claims Tribunal has been constituted. ##### 176. Power of State Government to make rules. - A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely :- (a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed. **_Corresponding_** **_Law._** - Section 176 corresponds to section 111-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 176 confers upon the State Government to make rules for carrying into effect provisions of clauses 165 to 173. ----- ### CHAPTER XIII ##### OFFENCES, PENALTIES AND PROCEDURE 177. General provision for punishment of offences. - Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence, be punishable for the first offence, with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees. **_Corresponding_** **_Law._** - Section 177 corresponds to section 112 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 177 provides for a general provision for punishment of offences. ##### 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc - (1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefore, shall be punishable with fine which may extend to five hundred rupees. _Explanation._ - In this section, “pass” and “ticket” have the meanings respectively assigned to them in section 124. (2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is - (a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently, - (i) fails or refuses to accept the fare when tendered, or (ii) fails or refuses to supply a ticket, or (iii)supplies an invalid ticket, or (iv) supplies a ticket of a lesser value, or ----- (b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall, - (a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which may extend to two hundred rupees. **_Corresponding_** **_Law._** - Section 178 corresponds to section 112 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 178 provides for penalty for travelling without ticket or pass by a passenger and also for penalty for the conductor and operator of a contract carriage permit for dereliction of his duties. ##### 179. Disobedience of orders, obstruction and refusal of information. - (1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence, be punishable with fine which may extend to five hundred rupees. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extent to one month or with fine which may extend to five hundred rupees or with both. **_Corresponding_** **_Law._** **-** Section 179 corresponds to section 113 of the Motor Vehicle Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 179 provides for penalties for disobedience ##### of orders given by persons authorised to give such instruction and refusal to give information and for causing obstruction. ##### 180. Allowing unauthorised persons to drive vehicles. - Whoever, being the owner or person in charge of a motor vehicle, causes or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **_Corresponding_** **_Law._** - Section 180 corresponds to section 113 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 180 provides penalty both for the owner and person in charge of the vehicle for allowing unauthorised persons to drive the vehicle. ##### 181. Driving vehicles in contravention of section 3 or section 4. - Whoever drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **_Corresponding_** **_Law._** **-** Section 181 corresponds to section 113 - B of the Motor Vehicle Act, 1939. **_Objects_** **_and_** **_Reasons._** _-_ Clause 181 prescribes penalty of imprisonment or fine or with both for persons driving a motor vehicle without a driving licence or when he has not attained the requirement age to drive a motor vehicle. ##### 182. Offences relating to licences. - (1) Whoever, being disqualified under this Act for holding or obtaining a driving licence, drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, ----- or with fine which may extend to five hundred rupees or with both, and any driving licence so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Act for holding or obtaining a conductor's licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor's licence or, not being entitled to have a conductor's licence issued to him free of endorsement, applies for or obtains a conductor's licene without disclosing the endorsements made on a conductor's licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both, and any conductor's licence so obtained by him shall be of no effect. **_Corresponding_** **_Law._** - Section 182 corresponds to section 114 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 182 lays down that driving a motor vehicle during disqualified period or driving while in possession of a driving licence obtained by misrepresentation is punishable with imprisonment or with fine or with both. **4[182-A.** **Punishment** **for** **offences** **relating** **to** **construction** **and** ##### maintenance of vehicles. — Any person who contravenes the provisions of sub-section (3) of section 109, shall be punishable with a fine of one thousand rupees for the first offence, and with a fine of five thousand rupees for any subsequent offence.] **_Corresponding_** **_Law._** - This is a new provision in the 1988 Act. ##### 183. Driving at excessive speed, etc. - (1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees. (2) Whoever causes any person who is employed by him or is subject 4. Inserted by Act 54 of 1994, S. 54 (w.e.f. 14-11-1994). ----- to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub­ section, with fine which may extend to five hundred rupees. (3) No person shall be convicted of an offence punishable under sub­ section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device. (4) The publication of a time table under which, or the giving of any direction that any journey or part of journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be _prima_ _facie_ evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2). **_Corresponding_** **_Law._** - Section 183 corresponds to section 115 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 183 provides that whoever drives a motor vehicle at a speed exceeding the limit prescribed for such vehicle is punishable with fine. ##### 184. Driving dangerously - Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence with imprisonment for a term which may ----- extend to two years, or with fine which may extend to two thousand rupees, or with both. **_Corresponding_** **_Law._** **-** Section 184 corresponds to section 116 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 184 provides for punishment for driving recklessly and dangerously. ##### 185. Driving by a drunken person or by a person under the influence of drugs. - Whoever, while driving, or attempting to drive, a motor vehicle - 5[(a) has, in his blood, alcohol exceeding 30 mg. Per 100 ml. of blood detected in a test by a breath analyser, or ] (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two year, or with fine which may extend to three thousand rupees, or with both. _Explanation_ _-_ For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle. **_Corresponding_** **_Law._** - Section 185 corresponds to section 117 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 185 provides for punishment or driving under the influence of drink or drug 5. Cl. (a) substituted by Act 54 of 1994, S. 55 (w.e.f. 14-11-1994). Prior to its substitution, Cl. (a) read as under :- “(a) has, in his blood, alcohol in any quantity, howsoever small the quantity may be, or ----- ##### 186. Driving when mentally or physically unfit to drive- Whoever drives a motor vehicle in any public place when he is to his knowledge vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extent to five Hundred rupees. **_Corresponding_** **_Law._** - Section 186 corresponds to section 118 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 186 provides for penalty for driving a motor vehicle when the driver is mentally or physically unfit to drive. ##### 187. Punishment for offeence relating to accident. - Whoever fails to comply with the provisions of clause (c) of sub-section (1) of section 132 or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **_Corresponding_** **_Law._** - Section 187 corresponds to section 118-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 187 provides for punishments relating to accidents which may be imprisonment or fine or both. ##### 188. Punishment for abetment of certain offences. - Whoever abets the commission of an offence under section 184 or section 185 or section 186 shall be punishable with the punishment provided for the offence. **_Corresponding_** **_Law._** - Section 188 corresponds to section 119 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 188 makes provision for abetment of certain offences. ##### 189. Racing and trials of speed. - Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be ----- punishable with imprisonment for a term which may extend to one month, or with a fine which may extend to five hundred rupees, or with both. **_Corresponding_** **_Law._** - Section 189 corresponds to section 120 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 189 provides for punishment for offences ##### of racing or trial of speed of any kind. 190. Using vehicle in unsafe condition. - (1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standard prescribed in relation to road safety, control of nose and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees. (3) Any persons who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both. **_Corresponding_** **_Law._** - Section 190 corresponds to section 121 of the Motor Vehicles Act, 1939. ----- **_Objects_** **_and_** **_Reasons._** - Clause 190 provides for penalty for persons driving and person permitting to drive a motor vehicle which is in an unsafe condition. It also provides for penalty for driving a motor vehicle which violates the standards prescribed for safety, control of noise and air pollution. ##### 191. Sale of vehicle in or alteration of vehicle to condition contravening this Act. - Whoever being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in public place would be in contravention of Chapter VII or any rule made thereunder shall be punishable with fine which may extend to five hundred rupees : Provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used. **_Corresponding_** **_Law._** - Section 191 corresponds to section 122 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 191 lays down that whoever sells a vehicle or alters a vehicle in contravention of the provisions of Chapter VII is punishable. 6[192. **Using** **vehicle** **without** **registration.** - (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention ##### of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both : Provided that the Court may, for reasons to be recorded, impose a lesser punishment. Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries of for ----- 6. S. 192 substituted by Act 54 of 1994, S. 56 (w.e.f. 14-11-1994). Prior to its substitution, S. 192 read as under :- _“192._ _Using_ _vehicle_ _without_ _registration_ _or_ _permit._ - (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle, shall be punishable for the first offence with fine which may extend to two thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months or with fine which may extend to three thousand rupees, or with both. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose : Provided that the person using the vehicle reports such use the to the Regional Transport Authority within seven days from such use. (3) Where a person is convicted of an offence under this section the Court by which such person is convicted may, in addition to any sentence which may be passed under sub-section (1) by order - (a) if the vehicle used in the commission of the offence is a motor car, suspend its certificate of registration for a period not exceeding four months. (b) if the vehicle used in the commission of the offence is a transport vehicle, suspend its permit for a period not exceeding six months or cancel it. (4) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1) may set aside or vary any order of suspension or cancellation made under sub-section (3) by the Court below and the Court, to which appeals ordinarily lie from the Court below, may set aside or vary any such order of suspension or cancellation made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.” (2) the transport of food or materials to relieve distress of medical supplies for a like purpose : Provides that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The Court to which an appeal lies from any conviction in respect ##### of an offence of the nature specified in sub-section (1), may set aside or vary ----- any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. **_Corresponding_** **_Law._** _-_ Section 192 corresponds to section 123 of the Motor Vehicles Act, 1939. ##### 192-A. Using vehicles without permit. - (1) Whoever drives a motor vehicle or causes or allow a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition ##### of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both : Provided that the Court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose : Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The Court to which an appeal lies from any conviction in respect ##### of an offence of the nature specified in sub-section (1), may set aside or vary any order, made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made]. **_Corresponding_** **_Law._** - Section 192-A corresponds to section 123 of the Motor Vehicles Act, 1939. ##### 193. Punishment of agents and canvassers without proper authority. - Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder ----- shall be punishable for the first offence with fine which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both. **_Corresponding_** **_Law._** - Section 193 corresponds to section 123-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 193 lays down that persons acting as Goods Booking Agents or Travel Agents without a proper licence are punishable. ##### 194. Driving vehicle exceeding permissible weight. - 7[(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load]. (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupees. **_Corresponding_** **_Law._** - Section 194 corresponds to section 124 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 194 lays down that driving any overloaded vehicle is punishable and that refusal to stop the vehicle and submit to weighment is also punishable with fine. 7. Sub-S. (1) substituted by act 54 of 1994, S.57 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (1) read as under :- “(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or of the conditions prescribed under that section or in contravention of any prohibition or restriction imposed under section 113 or section 115 shall be punishable for the first offence with fine which may extend to two thousand rupees, and for any second or subsequent offence with fine which may extend to five thousand rupees.” ----- ##### 195. Imposition of minimum fine under certain circumstances. - (1) Whoever having been convicted of an offence under this Act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the previous offence, no Court shall, except for reasons to be recorded by it in writing, impose on him a fine of less than one-fourth of the maximum amount of the fine imposable for such offence. (2) Nothing in sub-section (1) shall be construed as restricting the power of the Court from awarding such imprisonment as it considers necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence. **_Corresponding_** **_Law._** - Section 195 corresponds to section 124-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 195 speaks of imposition of minimum fine in certain cases. ##### 196. Driving uninsured vehicle- Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **_Corresponding_** **_Law-_** Section 196 corresponds to section 125 of the Motor Vehicles Act, 1939 **_Objection_** **_and_** **_Reasons-_** Clause 196 lays down that driving a motor vehicle and allowing a motor vehicle to be driven without a valid insurance is punishable with imprisonment or with fine or with both. ##### 197. Taking vehicle without authority. - (1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both : Provided that no person shall be convicted under this section, if the Court is satisfied that such person acted in the reasonable belief that he had ----- lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor. (2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercise control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (3) Whoever attempts to commit any of the acts referred to in sub­ section (1) or sub-section(2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may be, sub-section (2). **_Corresponding_** **_Law._** - Section 197 corresponds to section 126 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 197 provides for a penalty of imprisonment or fine o r with both for the offence of taking away a motor vehicle without authority or by force or by other forms of intimidation. ##### 198. Unauthorised interference with vehicle. - Whoever otherwise than with lawful authority or reasonable excuse enters or moves any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extend to one hundred rupees. **_Corresponding_** **_Law._** - Section 198 corresponds to section 127 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 198 provides for punishment of fine for tampering with a stationery vehicle. ##### 199. Offences by companies. - (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly : ----- Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manger, secretary or other officer of the company, such director, manger, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation._ - For the purposes of this section - (a) _“company”_ mans any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **_Corresponding_** **_Law._** - Section 199 corresponds to section 127 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 199 lays down that where the contravention is committed by a company then the person who was in charge and was responsible to the company shall be liable for the punishment. ##### 200. Composition of certain offences. - (1) Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub­ section (1) or sub-section (2) of section 183, section 184, section 186, 8[section 189, sub-section (2) of section 190,] section 191, section 192, section 194, section 196, or section 198, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf. (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be 8. Substituted for “section 189” by Act 54 of 1994, S. 58 (w.e.f. 14-11-1994). ----- taken against him in respect of such offence. **_Corresponding_** **_Law._** - Section 200 corresponds to section 127-B of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 200 provides for compounding of certain offences under this Chapter by officers authorised by the State Government for such amount as may be specified by the State Government. ##### 201. Penalty for causing obstruction to free flow of traffic. - (1) Whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position : Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law : 9[Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle.] 10[(2) Penalties or towing charges under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.] **_Corresponding_** **_Law-_** This is a new provision in the 1988 Act. **_Objects_** **_and_** **_Reasons-_** Clause 201 lays down penalty for keeping a disabled vehicle on public road causing impediment to the free flow of traffic. ##### 202. Power to arrest without warrant. - (1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197 : 9. Inserted by Act 54 of 1994, S. 59 (w.e.f. 14-11-1994). 10. Sub.-S. (2) substituted, _ibid_ (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (2) read as under :- “(2)The penalties under this section shall be recoverable by the prescribed officers or authorities. ----- Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody. 11[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.' (3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle. **_Corresponding_** **_Law._** - Section 202 corresponds to section 128 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 202 confers upon Police Officers the power to arrest without warrant persons committing certain serious offences such as drunken driving, taking vehicle without authority, etc. ##### 203. Breath tests. - 1211[(1) A police officer in uniform or an officer of the Motor Vehicle Department as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him to having committed an offence under section 185: Provided that requirement for breath test shall be made (unless it is made) as soon as reasonably practicable after the commission of such offence.] 11. Sub-S. (2) substituted by Act 54 of 1994, S. 60 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (2) read as under :- “(2) A police officer in uniform may arrest without warrant :- (a) any person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or (b) any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons." ----- (2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test - (a) in the case of a person who is at a hospital as an indoor patient, at the hospital, (b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer : Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or object to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (2) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub­ section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person's blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient. 12. Sub-S. (1) substituted by S.61, _ibid_ (w.e.f. 14-11-1994). Prior its substitution, sub-S. (1) read as under :- “(1) A police officer in uniform may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimen of breath for breath test there or nearby, if the police officer has any reasonable cause to suspect him of having committed an offence punishable under section 185. Provided that no requirement for breath test shall be made unless it is made as soon as reasonably practicable after the commission of such offence.” ----- (3) If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient. (4) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for a breath test there. (5) The results of a breath test made in pursuance of the provisions ##### of this section shall be admissible in evidence. _Explanation._ - For the purposes of this section “breath test”, means a test for the purpose of obtaining an indication of the presence of alcohol in a person's blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test. **_Corresponding_** **_Law._** - Section 203 corresponds to section 128-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 203 empowers the Police Officers to require any person driving a motor vehicle in a public place to provide for breath test and if, it is found that there is presence of alcohol in his blood or urine, the Police Officer may arrest him without warrant. ##### 204. Laboratory test. - (1) A person, who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a laboratory test if, - (a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or (b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so : ----- Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not. (2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory test - (a) if it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or (b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood : Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (4) the results of a laboratory test made in pursuance of this section shall be admissible in evidence. _Explanation._ - For the purposes of this section, “ laboratory test “ means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Government or a State Government. **_Corresponding_** **_Law._** - Section 204 corresponds to section 128-b of the Motor Vehicles Act 1939. **_Objects_** **_and_** **_Reasons_** - Clause 204 lays down the procedure for laboratory test of blood and urine to be followed by Police officers in suspected cases of drunken driving. ----- ##### 205. Presumption of unfitness to drive - In any proceeding for an offence punishable under section 185 if it is proved that the accused , when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution or rebutting any evidence given on behalf of the defence, with respect to his condition at that time. **_Corresponding_** **_Law-_** section 205 corresponds to section 128-C of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons_** - Clause 205 lays down that refusal by a driver to submit himself to breath test or urine test to prove drunkenness without any reasonable case will amount to presumption by the Prosecution of the driver's unfitness to drive. ##### 206. Power of police officer to impound document - (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning ##### of section 464 of the Indian Penal Code , 1860 (45 of 1860 ) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. (2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking coznizance of the offence and the said Court shall on the first appearance of such driver before it, return the ----- licence to him in exchange for the temporary acknowledgement given under sub-section (3). (3) A police officer or other person seizing a licnce under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgement therefor and such acknowledgement shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgement, whichever is earlier : Provided that if any Magistrate, police officer or other person authorised by the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been returned to the holder thereof before the date specified in the acknowledgement for any reason for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgement. **_Corresponding_** **_Law._** - Section 206 corresponds to section 129 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** **-** Clause 206 gives powers to police officers to impound documents in certain cases. ##### 207. Power to detain vehicles used without certificate of registration permit, etc. - (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub­ section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle : Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or ----- section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof. (2) Where a motor vehicle has been seized and detained under sub­ section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order, release the vehicle subject to such conditions as the authority or officer may deem fit to impose. **_Corresponding_** **_Law._** - Section 207 corresponds to section 129-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 207 empowers a police officer to impound a motor vehicle if he has reason to believe that the vehicle is being driven without registration, without a permit, driven by a person who has no driving licence or plying on unauthorised route and the vehicle may be released only after satisfying that the vehicle complies with the requirement of this section. ##### 208. Summary disposal of cases. - (1) The Court taking cognizance of any offence (other than an offence which the Central Government may be rules specify in this behalf) under this Act, - (i) may, if the offence is an offence punishable with imprisonment under this Act; and (ii) shall, in any other case. State upon the summons to be served on the accused person that he - (a) may appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself. ----- Provided that the Court shall, in the case of any of the offence referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea. (2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea , make an endorsement of such conviction on his driving licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-section (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reasons of his having pleaded guilty. **_Corresponding_** **_Law._** - Section 208 corresponds to section 130 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 208 provides for summary disposal of certain cases and the procedure to be followed in such cases. ##### 209. Restriction on conviction - No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless - (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (c) within twenty-eight days of the commission of the offence, a summons for the offence was served on him: ----- Provided that nothing, in this section shall apply where the Court is satisfied that - (a) the failure to serve the notice or summons referred to in this sub-section was due to the f act that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (b) such failure was brought about by the conduct of the accused. **_Corresponding_** **_Law._** - Section 209 corresponds to section 131 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 209 places some restrictions on conviction of persons for certain offences. ##### 210. Courts to send intimation about conviction. - Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to - (a) the licensing authority which issued the driving licence, and (b) the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the and such other particulars as may be prescribed. **_Corresponding_** **_Law._** - Section 210 corresponds to section 131 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 210 requires the Court convicting persons holding driving licence to send intimation of the punishment awarded with the name and address of the licence holder, licence No., etc., to the licensing authority. # CHAPTER XIV ### MISCELLANEOUS ----- ##### 211. Power to levy fee. - Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary : Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full. **_Corresponding_** **_Law._** - Section 211 corresponds to section 132 - A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 212 empowers the Central Government and the State Government to levy fees under this Act in respect of application, certificate, etc. ##### 212. Publication, commencement and laying of rules and notifications. - (1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication. (2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made, before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, ----- 13[sub-section (4) of section 163-A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry ##### of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme or notification. **_Corresponding_** **_Law._** - Section 212 corresponds to section 133 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 213 provides for pre-publication of rules which shall come into force from the date such publication and the rules made by the Central Government and the State Government shall be places on the table of the Legislature and of the Parliament respectively. ##### 213. Appointment of motor vehicles officers. - (1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it think fit. (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860. (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, 13. Inserted by Act 54 of 1994, S. 62 (w.e.f. 14-11-1994). ----- and the conditions governing the exercise of such powers. (4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to, - (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed : (b) with such assistance, it any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept : Provided that, - (i) any such search without a warrant shall be made only by an officer of the rank of a Gazetted Officer; (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii)where the search is made without a warrant, the Gazetted Officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copies or any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; ----- (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any Court ; (f) exercise such other powers as may be prescribed; Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of the Code. **_Corresponding_** **_Law._** - Section 213 corresponds to section 133-A of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 214 empower the State Government to establish a Motor Vehicle Department and appoint officers for the purpose ##### of carrying into effect the provisions of the Act and the powers exercisable by such officers. It also empowers the Central Government to prescribe qualification for such officers. ##### 214. Effect of appeal and revision on orders passed by original authority. - (1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified ----- therein, continue to be valid until the appeal or application for revision is disposed of, (3) No order made by a competent authority under this Act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or revisional authority, as the case may be, that such error, omission or irregularity has, in fact, occasioned a failure or justice. **_Corresponding_** **_Law._** - Section 214 corresponds to section 134 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 215 empowers the Appellate Authorities to grant stay of the orders of the original authorities pending disposal of appeal or revision petition and in the case of appeal against the orders refusing the renewal of permit the Appellate Authority may order that the permit may continue to be valid till the disposal of the appeal. ##### 215. Road Safety Councils and Committees. - (1) The Central Government may, by notification in the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (2) A State Government may, by notification in the Official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (3) A State Government may, by notification in the Official Gazette, constitute District Road Safety Committee for each district in the State consisting ##### of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (4) The Councils and Committees referred to in this section shall discharge such functions relating to the road safety programmes as the Central Government or the State Government, as the case may be, may, having regard to the objects of the Act, specify. ----- **_Corresponding_** **_Law._** - This is a new provisions in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 216 seeks to empower the Central Government to constitute a National Road Safety Council and the State Government to constitute a State Safety Council for the State and District Road Safety Committee for the districts consisting of a Chairman and such other members as that Government consider necessary on such terms and conditions as that Government may determine. ##### 216. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty : Provided that no such order shall be made after the expiry of a period ##### of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **_Corresponding_** **_Law._** - This is a new provisions in the 1988 Act. **_Objects_** **_and_** **_Reasons._** - Clause 217 confers powers on Central Government to issue orders to remove difficulties of any that may arises in giving effect to the provisions of the Act and any such order shall be placed before each House of Parliament. ##### 217. Repeal and savings. - (1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to s the repealed enactments) are hereby repealed. (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments. - (a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done or any other action taken under the repealed enactments, and in ----- force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted done or taken under the corresponding provision of this Act; (b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed; (c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act; (d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued; (e) any scheme made under section 68-C of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisions of section 100 of this Act. (f) The permits issued under sub-section (1-A) of section 68-F ##### of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provisions, if any, in force in any State immediately before the commencement ##### of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published. (3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. (4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1987 (10 of 1987) with regard to the effect repeals. ----- **_Corresponding_** **_Law._** - Section 217 corresponds to section 135 of the Motor Vehicles Act, 1939. **_Objects_** **_and_** **_Reasons._** - Clause 218 contains repeal and saving provisions. 14[217-A. **Renewal** **of** **permits,** **driving** **licences** **and** **registration** ##### granted under the Motor Vehicles Act, 1939. - Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in that sub­ section, any certificate of fitness or registration licence or permit issued or granted under the said enactments may be renewed under this Act.] **_Corresponding_** **_Law._** - This is a new provisions in the 1988 Act. 14. Inserted by Act 27 of 2000, S. 5 (w.e.f. 11-8-2000). -----

9-Sep-1972

53

The Wildlife (Protection) Act, 1972

https://www.indiacode.nic.in/bitstream/123456789/19320/1/a1972-53_0.pdf

Andaman and Nicobar Islands

# THE WILD LIFE (PROTECTION) ACT, 1972 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE ACT 3. Appointment of Director and other officers. 4. Appointment of Life Warden and other officers. 5. Power to delegate. 5A. Constitution of the National Board for Wild Life. 5B. Standing Committee of the National Board. 5C. Functions of the National Board. 6. Constitution of State Board for Wild Life. 7. Procedure to be followed by the Board. 8. Duties of State Board for Wild Life. CHAPTER III HUNTING OF WILD ANIMALS 9. Prohibition of hunting. 10. _[Omitted.]_ 11. Hunting of wild animals to be permitted in certain cases. 12. Grant of permit for special purposes. 13. _[Omitted.]_ 14. _[Omitted.]_ 15. _[Omitted.]_ 16. _[Omitted.]_ _17._ _[Omitted.]_ CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS 17A. Prohibition of picking, uprooting, etc. of specified plant. 17B. Grants of permit for special purposes. 17C. Cultivation of specified plants without licence prohibited. 17D. Dealing in specified plants without licence prohibited. 17E. Declaration of stock. 17F. Possession, etc., of plants by licensee. 17G. Purchase, etc., of specified plants. 1 ----- SECTIONS 17H. Plants to be Government property. CHAPTER IV PROTECTED AREAS _Sanctuaries_ 18. Declaration of sanctuary. 18A. Protection to sanctuaries. 18B. Appointment of Collectors. 19. Collector to determine rights. 20. Bar of accrual of rights. 21. Proclamation by Collector. 22. Inquiry by Collector. 23. Powers of Collector. 24. Acquisition of rights. 25. Acquisition proceedings. 25A. Time-limit for completion of acquisition proceedings. 26. Delegation of Collector’s powers. 26A. Declaration of area as sanctuary. 27. Restriction on entry in sanctuary. 28. Grant of permit. 29. Destruction, etc., in a sanctuary prohibited without a permit. 30. Causing fire prohibited. 31. Prohibition of entry into sanctuary with weapon. 32. Ban on use of injurious substances. 33. Control of sanctuaries. 33A. Immunisation of live-stock. 33B. Advisory Committee. 34. Registration of certain persons in possession of arms. _Natioanl Parks_ 35. Declaration of National Parks. 36. _[Omitted.]_ 36 A. Declaration and management of a conservation reserve. 36 B. Conservation reserve management committee. 36 C. Declaration and management of community reserve. 36 D. Community reserve management committee. _Closed Area_ 37. _[Omitted.]_ _Sanctuaries or National Parks declared by Central Government_ 38. Power of Central Government to declare areas as sanctuaries or National Parks. 2 ----- CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS SECTIONS 38A. Constitution of Central Zoo Authority. 38B. Term of office and conditions of service of Chairperson and members, etc. 38C. Functions of the Authority. 38D. Procedure to be regulated by the Authority. 38E.Grants and loans to Authority and Constitution of Fund. 38F. Annual report. 38G. Annual report and audit report to be laid before Parliament. 38H. Recognition of zoos. 38I. Acquisition of animals by a zoo. 38J. Prohibition of teasing, etc., in a zoo. CHAPTER IV B NATIONAL TIGER CONSERVATION AUTHORITY 38K. Definitions. 38L.Constitution of National Tiger Conservation Authority. 38M. Term of office and conditions of service of members. 38N. Officers and employees of Tiger Conservation Authority. 38-O. Powers and functions of Tiger Conservation Authority. 38P. Procedure to be regulated by Tiger Conservation Authority. 38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund. 38R. Accounts and audit of Tiger Conservation Authority. 38S. Annual report of Tiger Conservation Authority. 38T. Annual report and audit report to be laid before Parliament. 38U. Constitution of Steering Committee. 38V. Tiger Conservation Plan. 38W. Alteration and de-notification of tiger reserves. 38X. Establishment of Tiger Conservation Foundation. CHAPTER IV C TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL BUREAU 38Y. Constitution of Tiger and other Endangered Species Crime Control Bureau. 38Z. Powers and functions of the Wildlife Crime Control Bureau. CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES 39. Wild animals, etc., to be Government property. 40. Declarations. 40A. Immunity in certain cases. 41. Inquiry and preparation of inventories. 42. Certificate of ownership. 43. Regulation of transfer of animal, etc. 44. Dealings in trophy and animal articles without licence prohibited. 45. Suspension or cancellation of licences. 46. Purchase. 47. Maintenance of records. 48. Purchase of animals, etc., by licensee. 3 ----- SECTIONS [48A. Restriction on transportation of wild life. 49. Purchase of captive animal, etc., by a person other than a licensee. CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS 49A. Definitions. 49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. 49C. Declaration by dealers. CHAPTER VI PREVENTION AND DETECTION OF OFFENCES 50. Power of entry, search, arrest and detention. 51. Penalties. 51A. Certain conditions to apply while granting bail. 52. Attempts and abetment. 53. Punishment for wrongful seizure. 54. Power to compound offences. 55. Cognizance of offences. 56. Operation of other laws not barred. 57. Presumption to be made in certain cases. 58. Offences by Companies. CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE 58A. Application. 58B. Definitions. 58C. Prohibition of holding illegally acquired property. 58D. Competent authority. 58E. Identifying illegally acquired property. 58F. Seizure or freezing of illegally acquired property. 58G. Management of properties seized or forfeited under this Chapter. 58H. Notice of forfeiture of property. 58-I. Forfeiture of property in certain cases. 58J. Burden of proof. 58K. Fine in lieu of forfeiture. 58L. Procedure in relation to certain trust properties. 58M. Certain transfer to be null and void. 58N. Constitution of Applellate Tribunal. 58-O. Appeals. 58P. Notice or order not to be invalid for error in description. 58Q. Bar of Jurisdiction. 58R. Competent Authority and Appellate Tribunal to have powers of civil court. 58S. Information to competent authority. 58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 4 ----- SECTIONS 58U. Power to take possession. 58V. Rectification of mistakes. 58W. Findings under other laws not conclusive for proceedings under this Chapter. 58X. Service of notices and orders. 58Y. Punishment for acquiring property in relating to which proceeings have been taken under this Chapter. CHAPTER VII MISCELLANEOUS 59. Officers to be public servants. 60. Protection of action taken in good faith. 60A. Reward to persons. 60B. Reward by State Government. 61. Power to alter entries in Schedules. 62. Declaration of certain wild animals to be vermin. 63. Power of Central Government to make rules. 64. Power of State Government to make rules. 65. Rights of Scheduled Tribes to be protected. 66. Repeal and savings. 5 ----- # THE WILD LIFE (PROTECTION) ACT, 1972[*] ACT NO. 53 OF 1972 [9th September, 1972.] 1[An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.] 2* - - - CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Wild Life (Protection)** Act, 1972. 3[(2) It extends to the whole of India except the State of Jammu and Kashmir.] (3) It shall come into force in a State or Union territory to which it extends [4]*** on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories. **2. Definitions.—In this Act, unless the context otherwise requires,—** 5[(1) “animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs;] (2) “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal [6][has been used, and ivory imported into India and an article made therefrom]; 7* - - - 8[(4) “Board” means a State Board for Wild Life constituted under sub-section (1) of section 6;] (5) “captive animal” means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity; 9* - - - (7) “Chief Wild Life Warden’ means the person appointed as such under clause (a) of sub-section (1) of section 4; 10[(7A) “circus” means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;] 11* - - - 12[(9) “Collector” means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;] (10) “commencement of this Act”, in relation to— 1. Subs. by Act 16 of 2003, s. 2, for the long title (w.e.f. 1-4-2003). 2. The preamble omitted by Act 44 of 1991, s. 3 (w.e.f. 2-10-1991). 3. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 2-10-1991). 4. The words “, or may become extended in future,” omitted by s. 4, ibid. (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 3, for clause (1) (w.e.f. 1-4-2003). 6. Subs. by Act 44 of 1991, s. 5, for “has been used” (w.e.f. 2-10-1991). 7. Clause (3) omitted by s. 5, ibid. (w.e.f. 2-10-1991). 8. Subs. by Act 16 of 2003, s. 3, for clause (4) (w.e.f. 1-4-2003). 9. Clause (6) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 10. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 11. Clause (8) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 12. Subs. by s. 3, ibid., for clause (9) (w.e.f. 1-4-2003). *** Subject to verification and confirmation by the administrative ministry.** 6 ----- (a) a State, means commencement of this Act in that State, (b) any provision of this Act, means the commencement of that provision In the concerned State; 1[(11) “dealer” in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction;] (12) “Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3; 2[(12A) “Forest officer” means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State; (12B) “forest produce” shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927 (16 of 1927);] 3* - - - (14) “Government property” means any property referred to in section 39 [4][or section 17H]; (15) “habitat” includes land, water or vegetation which is the natural home of any wild animal; (16) “hunting”, with its grammatical variations and cognate expressions, includes,— 5[(a) killing or poisoning of any wild animal or captive animal and every attempt to do so; (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;] (c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles; (17) “land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, [6][marshes and wetlands and also includes boulders and rocks]; (18) “licence” means a licence granted under this Act; 7[(18A) “livestock” means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V;] 8[(19) “manufacturer” means a person who manufactures articles from any animal or plant specified in Schedules I to V and VI, as the case may be; (20) “meat” includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin; (20A) “National Board” means the National Board for Wild Life constituted under section 5A;] (21) “National Park” means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park; (22) “notification” means a notification published in the Official Gazette; (23) “permit” means a permit granted under this Act or any rule made thereunder; 1. Subs. by Act 16 of 2003, s. 3, for clause (11) (w.e.f. 1-4-2003). 2. Subs. by s. 3, ibid., for clause (12A) (w.e.f. 1-4-2003). 3. Clause (13) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 4. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 3, for sub-clauses (a) and (b) (w.e.f. 1-4-2003). 6. Subs. by Act 44 of 1991, s. 5, for “and also includes boulders and rocks” (w.e.f. 2-10-1991). 7. Subs. by Act 16 of 2003, s. 3, for clause (18A) (w.e.f. 1-4-2003). 8. Subs. by s.3, ibid., for clauses (19) and (20) (w.e.f. 1-4-2003). 7 ----- (24) “person” includes a firm; 1[(24A) “protected area” means a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act;] (25) “prescribed” means prescribed by rules made under this Act; 2[(25A) “recognised zoo” means a zoo recognised under section 38H; 3[(25B) “reserve forest” means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act; (26) “sanctuary” means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;] 4[(27) “specified plant” means any plant specified in Schedule VI;] 5* - - - (29) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; 6[(30) “taxidermy”, with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies;] 7[(30A) “territorial waters” shall have the same meaning as in section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);] (31) “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes— (a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and 8[(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;] (32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a [9][freshly killed wild animal, ambergris, musk and other animal products]; (33) “vehicle” means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule; (34) “vermin” means any wild animal specified in Schedule V; (35) “weapon” includes ammunition, bows and arrows, explosives, firearms, hooks’ knives, nets poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal; 10[(36) “wild animal” means any animal specified in Schedules I to IV and found wild in nature;] 11[(37) “wild life” includes any animal, aquatic or land vegetation which forms part of any habitat;] 1. Ins. by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 2. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 3. Subs. by Act 16 of 2003, s. 3, for clauses (25B) and (26) (w.e.f. 1-4-2003). 4. Subs. by Act 44 of 1991, s. 5, for clause (27) (w.e.f. 2-10-1991). 5. Clause (28) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 6. Subs. by s. 3, ibid., for clause (30) (w.e.f. 1-4-2003). 7. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 8. Subs. by Act 16 of 2003, s. 3, for sub-clause (b) (w.e.f. 1-4-2003). 9. Subs. by Act 44 of 1991, s. 5, for “freshly-killed wild animals” (w.e.f. 2-10-1991). 10. Subs. by Act 16 of 2003, s. 3, for clause (36) (w.e.f. 1-4-2003). 11. Subs. by s. 3, ibid., for clause (37) (w.e.f. 1-4-2003). 8 ----- (38) “Wild Life Warden” means the person appointed as such under clause (b) of sub-section (1) of section 4; 1[(39) “zoo” means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public [2][and includes a circus and rescue centres but does not include an establishment] of a licensed dealer in captive animals.] CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT **3. Appointment of Director and other officers.—(1) The Central Government may, for the** purposes of this Act, appoint,— (a) A Director of Wild Life Preservation; 3* - - - (c) such other officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give. 4[(3) The officers and other employees appointed under this section shall be required to assist the Director.] **4. Appointment of Life Warden and other officers.—(1) The State Government May, for the** purpose of this Act, appoint,— (a) a Chief Wild Life Warden; (b) Wild Life Wardens; [5]*** 6[(bb) Honorary Wild Life Wardens;] (c) such other officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may from time to time, give. (3) [7][The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden. **5. Power to delegate.—(1) The Director may, with the previous approval of the Central Government,** by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (2) The Chief Wild Life Warden may, with the previous approval of the State Government, by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this Act and not by way of delegation. 1. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 2. Subs. by Act 16 of 2003, s. 3, for “but does not include a circus and an establishment” (w.e.f. 1-4-2003). 3. Clause (b) omitted by s. 4, ibid. (w.e.f. 1-4-2003). 4. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 1-4-2003). 5. The word “and” omitted by 44 of 1991, s. 6 (w.e.f. 2-10-1991). 6. Subs. by Act 16 of 2003, s. 5, for clause (bb) (w.e.f. 1-4-2003). 7. Subs. by Act 44 of 1991, s. 6, for “The Wild Life Warden” (w.e.f. 2-10-1991). 9 ----- 10 ----- **1[5A. Constitution of the National Board for Wild Life.—(1) The Central Government shall,** within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), constitute the National Board for Wild Life consisting of the following members, namely:— (a) the Prime Minister as Chairperson; (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson; (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States; (d) Member, Planning Commission in-charge of Forests and Wild Life; (e) five persons to represent non-governmental organizations to be nominated by the Central Government; (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists; (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life; (h) the Chief of the Army Staff; (i) the Secretary to the Government of India in-charge of the Ministry of Defence; (j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting; (k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance; (l) the Secretary to the Government of India, Ministry of Tribal Welfare; (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life; (n) the Director-General of Tourism, Government of India; (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun; (p) the Director, Wild Life Institute of India, Dehradun; (q) the Director, Zoological Survey of India; (r) the Director, Botanical Survey of India; (s) the Director, Indian Veterinary Research Institute; (t) the Member-Secretary, Central Zoo Authority; (u) the Director, National Institute of Oceanography; (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government; (w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board. (2) The term of office of the members other than those who are members _ex officio, the manner of_ filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed. (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. 1. Ins. by Act 16 of 2003, s. 6 (w.e.f. 1-4-2003). 11 ----- (4) Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit. **5B. Standing Committee of the National Board.—(1) The National Board may, in its discretion,** constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board. (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it. **5C. Functions of the National Board.—(1) It shall be the duty of the National Board to promote the** conservation and development of wild life and forests by such measures as it thinks fit. (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for— (a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products; (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas; (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat; (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and (e) preparing and publishing a status report at least once in two years on wild life in the country.] **1[6. Constitution of State Board for Wild Life.—(1) The State Government shall, within a period of** six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) constitute a State Board for Wild Life consisting of the following members, namely:— (a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson; (b) the Minister in-charge of Forests and Wild Life - Vice-Chairperson; (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory; (d) three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government; (e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes; (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life; (g) the Officer in-charge of the State Forest Department; (h) the Secretary to the State Government, Department of Tribal Welfare; (i) the Managing Director, State Tourism Development Corporation; (j) an officer of the State Police Department not below the rank of Inspector-General; 1. Subs. by Act 16 of 2003, s. 7, for section 6 (w.e.f. 1-4-2003). 12 ----- (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government; (l) the Director, Department of Animal Husbandry of the State; (m) the Director, Department of Fisheries of the State; (n) an officer to be nominated by the Director, Wild Life Preservation; (o) a representative of the Wild Life Institute of India, Dehradun; (p) a representative of the Botanical Survey of India; (q) a representative of the Zoological Survey of India; (r) the Chief Wild Life Warden, who shall be the Member-Secretary. (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed. (3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.] **7. Procedure to be followed by the Board.—(1) The Board shall meet at least twice a year at such** place as the State Government may direct. (2) The Board shall regulate its own procedure (including the quorum) (3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case. **8. Duties of** [1][State Board for Wild Life].—It shall be the duty of [1][State Board for Wild Life] to advise the State Government,— 2[(a) in the selection and management of areas to be declared as protected areas;] 3[(b) in formulation of the policy for protection and conservation of the wild life and specified plants;] (c) in any matter relating to the amendment of any Schedule; [4]*** 5[(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and] (d) in any other matter connected with the protection of wild life, which may be referred to it by the State Government. CHAPTER III HUNTING OF WILD ANIMALS **6[9. Prohibition of hunting.—No person shall hunt any wild animal specified in Schedules I, II, III** and IV except as provided under section 11 and section 12.] [10. _Maintenance of records of wild animals killed or captured.]—Omitted by the Wild Life_ _(Protection) Amendment Act, 1991 (44 of 1991), s. 10 (w.e.f. 2-10-1991)._ 1. Subs. by Act 16 of 2003, s. 8, for “the Wild Life Advisory Board” (w.e.f. 1-4-2003). 2. Subs. by s. 8, ibid., for clause (a) (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 8, for clause (b) (w.e.f. 2-10-1991). 4. The word “and” omitted by s. 8, ibid. (w.e.f. 2-10-1991). 5. Ins. by s. 8, ibid. (w.e.f. 2-10-1991). 6. Subs. by s. 9, ibid., for section 9 (w.e.f. 2-10-1991). 13 ----- **11. Hunting of wild animals to be permitted in certain cases.—(1) Notwithstanding anything** contained in any other law for the time being in force and subject to the provisions of Chapter IV,— (a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by Order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted; 1[Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated: Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing. _Explanation.—For the purposes of clause (a), the process of capture or translocation, as the case_ may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal] (b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt [2][such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted]. (2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence: Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder. (3) Amy wild animal killed or wounded in defence of any person shall be Government property. **12. Grant of permit for special purposes.—Notwithstanding anything contained elsewhere in this** Act, it shall be lawful for the Chief Wild Life Warden, to grant [3]*** a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,— (a) education; 4[(b) scientific research; (bb) scientific management. _Explanation.—_ For the purposes of clause (bb), the expression, “scientific management” means— (i) translocation of any wild animals to an alternative suitable habitat; or (ii) population management of wildlife, without killing or poisoning or destroying any wild animals;] [5][(c) collection of specimens— (i) for recognised zoos subject to the permission under section 38-I; or (ii) for museums and similar institutions; (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 6[Provided that no such permit shall be granted— (a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and 1. Ins. by Act 16 of 2003, s. 9 (w.e.f. 1-4-2003). 2. Subs. by s. 9, ibid., for “ such animal or cause such animal to be hunted” (w.e.f. 1-4-2003). 3. The words “, with the previous permission of the State Government” omitted by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 4. Subs. by s. 2, ibid., for clause (b) (w.e.f. 21-5-1982). 5. Subs. by Act 44 of 1991, s. 11, for clause (c) (w.e.f. 2-10-1991). 6. Ins. by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 14 ----- (b) in respect of any other wild animal, except with the previous permission of the State Government;] (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] **13. [Suspension or cancellation of licence].—Omitted by the Wild Life (Protection) Amendment Act,** 1991 (44 of 1991), s. 12 (w.e.f. 2-10-1991). **14. [Appeals].—Omitted by, s. 12, ibid.** (w.e.f. 2-10-1991). **15. [Hunting of young and female of wild animals].—Omitted by, s. 12, ibid.** (w.e.f. 2-10-1991). **16. [Declaration of closed time].—Omitted by, s. 12, ibid.** (w.e.f. 2-10-1991). **17. [Restrictions on hunting].—Omitted by, s. 12, ibid.** (w.e.f. 2-10-1991). [1][CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS **17A. Prohibition of picking, uprooting, etc. of specified plant.—Save as otherwise provided in this** Chapter, no person shall— (a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government; (b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof: Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use. **17B. Grants of permit for special purposes.—The Chief Wild Life Warden may, with the previous** permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of— (a) education; (b) scientific research; (c) collection, preservation and display in a herbarium of any scientific institution; or (d) propagation by a person or an institution approved by the Central Government in this regard. **17C. Cultivation of specified plants without licence prohibited.—(1) No person shall cultivate a** specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf: Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. (2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant. **17D. Dealing in specified plants without licence prohibited.—(1) No person shall, except under** and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof: 1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995). 15 ----- Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. (2) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business. **17E. Declaration of stock.—(1) Every person cultivating, or dealing in, a specified plant or part or** derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991) declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement. (2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles. **17F. Possession, etc., of plants by licensee.—No licensee under this Chapter shall—** (a) keep in his control, custody or possession— (i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made; (ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) pick, uproot, collect or acquire any specified plant, or (ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act. **17G. Purchase, etc., of specified plants.—No person shall purchase, receive or acquire any specified** plant or part or derivative thereof otherwise than from a licensed dealer: Provided that nothing in this section shall apply to any person referred to in section 17B. **17H. Plants to be Government property.—(1) Every specified plant or part or derivative thereof, in** respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government. (2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.] CHAPTER IV 1 [PROTECTED AREAS] _Sanctuaries_ **18. Declaration of sanctuary.—[2][(1) The State Government may, by notification, declare its** intention to constitute any area other than an area comprised within any reserve forest or the territorial 1. Subs. by Act 16 of 2003, s. 10 for the heading (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 15, for sub-section (1) (w.e.f. 2-10-1991). 16 ----- waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.] (2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area. _Explanation.—For the purposes of this section, it shall be sufficient to describe the area by roads,_ rivers, ridges or other well-known or readily intelligible boundaries. **1[18A. Protection to sanctuaries.—(1) When the State Government declares its intention under** sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith. (2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records. **18B. Appointment of Collectors.—The State Government shall appoint, an officer to act as** Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.] **19. Collector to determine rights.—[2][When a notification has been issued under section 18,] the** Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. **20. Bar of accrual of rights.—After the issue of a notification under section 18, no right shall be** acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate. **21. Proclamation by Collector.—When a notification has been issued under section 18, the** Collector shall [3][within a period of sixty days] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation— (a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and (b) requiring any person, claiming any right mentioned In section 19, to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof. **22. Inquiry by Collector.—The Collector shall, after service of the prescribed notice upon the** claimant, expeditiously inquire into— (a) the claim preferred before him under clause (b) of section 21, and (b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21, so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same. 1. Ins. by Act 16 of 2003, s. 11 (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 16, for “Whenever any area is declared to be a sanctuary” (w.e.f. 2-10-1991). 3. Ins. by Act 16 of 2003, s. 12 (w.e.f. 1-4-2003). 17 ----- **23. Powers of Collector.—For the purpose of such inquiry, the Collector may exercise the following** powers, namely:— (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so; (b) the same powers as are vested in a civil court for the trial of suits. **24. Acquisition of rights.—(1) In the case of a claim to a right in or over any land referred to in** section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Collector may either— (a) exclude such land from the limits of the proposed sanctuary, or (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land” and on payment of such compensation, as is provided in the Land Acquisition Act, 1894(1 of 1894). 1[(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.] **25. Acquisition proceedings.—(1) For the purpose of acquiring such land, or rights in or over such** land,— (a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894 (1 of 1894); (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with; (d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of section 18 of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act; (e) the Collector, with the consent of the claimant, or the court, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and (f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient. (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose. **2[25A. Time-limit for completion of acquisition proceedings.—(1) The Collector shall, as far as** possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18. (2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.] **26. Delegation of Collector’s powers.—The State Government may, by general or special order,** direct that the Powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order. 1. Ins. by Act 44 of 1991, s. 17 (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 13 (w.e.f. 1-4-2003). 18 ----- **1[26A. Declaration of area as sanctuary.—(1) When—** (a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or (b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification: Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government: Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen. (2) Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section (1). [2][(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.] **27. Restriction on entry in sanctuary.—(1) No person other than,—** (a) a public servant on duty, (b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary, (c) a person who has any right over immovable property within the limits of the sanctuary, (d) a person passing through the sanctuary along a public highway, and (e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28. (2) Every person shall, so long, as he resides in the sanctuary, be bound— (a) to prevent the commission, in the sanctuary, of an offence against this Act; (b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender; (c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof; (d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and (e) to assist any forest officer, Chief Wild Life. Warden, Wild Life Warden or police officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence. 1. Ins. by Act 44 of 1991, s. 18 (w.e.f. 2-10-1991). 2. Subs. by Act 16 of 2003, s. 14, for sub-section (3) (w.e.f. 1-4-2003). 19 ----- [1][(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45 of 1860), alter, destroy, move or deface such boundary-mark. (4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.] **28. Grant of permit.—(1) The Chief Wild Life Warden may, on application, grant to any person a** permit to enter or reside in a sanctuary for all or any of the following purposes, namely:— (a) investigation or study of wild life and purposes ancillary or incidental thereto; (b) photography; (c) scientific research; (d) tourism; (e) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. **2[29. Destruction, etc., in a sanctuary prohibited without a permit.—No person shall destroy,** exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the Board that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal _bona fide needs of the people living in and around the sanctuary and shall not be_ used for any commercial purpose. _Explanation.—For the purposes of this section, grazing or movement of livestock permitted under_ clause (d) of section 33 shall not be deemed to be an act prohibited under this section.] **30. Causing fire prohibited.—No person shall set fire to a sanctuary, or kindle any fire, or leave any** fire burning, in a sanctuary, in such manner as to endanger such sanctuary. **31. Prohibition of entry into sanctuary with weapon.—No person shall enter a sanctuary with any** weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised offcer. **32. Ban on use of injurious substances.—No person shall use, in a sanctuary, chemicals, explosives** or any other substances which may cause injury to, or endanger, any wild life in such sanctuary. **33. Control of sanctuaries.—The Chief Wild Life Warden shall be the authority who shall control,** manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary,— (a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: 3[Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.] (b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein; 1. Ins. by Act 44 of 1991, s. 19 (w.e.f. 2-10-1991). 2. Subs. by Act 16 of 2003, s. 15, for section 29 (w.e.f. 1-4-2003). 3. Ins. by s. 16, ibid. (w.e.f. 1-4-2003). 20 ----- (c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat; (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of [1][live-stock.] 2*** **3[33A. Immunisation of live-stock.—(1) The Chief Wild Life Warden shall take such measures in** such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary. (2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.] **4[33B. Advisory Committee.—(1) The State Government shall constitute an Advisory Committee** consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary. (2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary. (3) The Committee shall regulate its own procedure including quorum.] **34. Registration of certain persons in possession of arms.—(1) Within three months from the** declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the Arms Act, 1959(54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name. (2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. [5][(3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.] _National Parks_ **35. Declaration of National Parks.—(1) Whenever it appears to the State Government that an area,** whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. [6][Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.] (2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park. 1. Subs. by Act 44 of 1991, s. 21, for “cattle;” (w.e.f. 2-10-1991). 2. Clause (e) omitted by s. 21, ibid. (w.e.f. 2-10-1991). 3. Ins. by s. 22, ibid. (w.e.f. 2-10-1991). 4. Ins. by Act 16 of 2003, s. 17 (w.e.f. 1-4-2003). 5. Ins. by Act 44 of 1991, s. 22A (w.e.f. 21-5-2001). 6. Added by s. 23, ibid. (w.e.f. 2-10-1991). 21 ----- (3) Where any area is intended to be declared as a National Park, the provisions of sections [1][19 to 26A (both inclusive except cause (c) of sub-section (2) of section 24)] shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. (4) When the following events have occurred, namely,— (a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and (b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification. [2][(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board. (6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.] (7) No grazing of any [3][live-stock] shall be permitted in a National Park and no [3][live-stock] shall be allowed to enter therein except where such [3][live-stock] is used as a vehicle by a person authorised to enter such National Park. (8) The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of [4][section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary. 5[Explanation.—For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.] _6***_ **36.** _[Declaration of game reserve.]—Omitted by the Wild Life (Protection) Amendment Act,_ 1991 _(44 of 1991), s. 24 (w.e.f. 2-10-1991)._ **7[36A. Declaration and management of a conservation reserve.—(1) The State Government may,** after having consultations with the local communities, declare any area owned by the Government, 1. Subs. by Act 44 of 1991, s. 23, for “section 23, for “19 to 26 (both inclusive)” (w.e.f. 2-10-1991). 2. Subs. by Act 16 of 2003, s. 19, for sub-sections (5) and (6) (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 23, for “cattle” (w.e.f. 2-10-1991). 4. Subs. by s. 23, ibid., for “section 33” (w.e.f. 2-10-1991). 5. Ins. by Act 16 of 2003, s. 19 (w.e.f. 1-4-2003). 6. The sub-heading “GAME RESERVE” omitted by Act 44 of 1991, s. 24 (w.e.f. 2-10-1991). 7. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003). 22 ----- particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat: Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary. **36B. Conservation reserve management committee.—(1) The State Government shall constitute a** conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve. (2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry. (3) The Committee shall regulate its own procedure including the quorum. **36C. Declaration and management of community reserve.—(1) The State Government may,** where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary. (3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government. **36D. Community reserve management committee.—(1) The State Government shall constitute a** Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. (2) The committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located. (3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve. (4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve. (5) The committee shall regulate its own procedure including the quorum.] _Closed Area_ **37.** [Declaration of closed area.]—Omitted by the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), s. 21 (w.e.f. 1-4-2003). _Sanctuaries or National Parks declared by Central Government_ **38. Power of Central Government to declare areas as sanctuaries or National Parks.—(1) Where** the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions 23 ----- specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of [1][sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government. (2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government. (3) In relation to a sanctuary or National Park declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in sub-sections (1) and (2), shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament. 2[CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS **38A. Constitution of Central Zoo Authority.—(1) The Central Government shall constitute a body** to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Authority shall consist of— (a) chairperson; (b) such number of members not exceeding ten; and (c) Member-Secretary, to be appointed by the Central Government. **38B. Term of office and conditions of service of Chairperson and members, etc.—(1) The** chairperson and every member [3][other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf. (2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member. (3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person— (a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or (f) in the opinion of the Central Government has so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest: 1. Subs. by Act 44 of 1991, s. 25, for “sections 19 to 35” (w.e.f. 2-10-1991). 2. Ins. by s. 26, ibid. (w.e.f. 2-10-1991). 3. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003). 24 ----- Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment. (5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed. (6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority. (7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed. (8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority. **38C. Functions of the Authority.—The Authority shall perform the following functions, namely:—** (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo; (b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed; (c) recognise or derecognise zoos; (d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; (e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes; (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity; (g) identify priorities and themes with regard to display of captive animals in a zoo; (h) co-ordinate training of zoo personnel in India and outside India; (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos; (j) provide technical and other assistance to zoos for their proper management and development on scientific lines; (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos. **38D. Procedure to be regulated by the Authority.—(1) The Authority shall meet as and when** necessary and shall meet at such time and place as the chairperson may think fit. (2) The Authority shall regulate its own procedure. (3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf. **38E.Grants and loans to Authority and Constitution of Fund.—(1) The Central Government may,** after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government. (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act. 25 ----- (4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority. **38F. Annual report.—The Authority shall prepare in such form and at such time, for each financial** year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. **38G. Annual report and audit report to be laid before Parliament.—The Central Government** shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the nonacceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament. **38H. Recognition of zoos.—(1) No zoo shall be operated without being recognised by the Authority:** Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a period of [1][eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal. [2][(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.] (2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed. (3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo. (4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted. (5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard. (6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4): Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard. 1. Subs. by Act 26 of 1993, s. 2, for “six months from the date of such commencement” (w.e.f. 4-8-1992). 2. Ins. by Act 16 of 2003, s. 23 (w.e.f. 1-4-2003). 26 ----- (7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government. (8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against: Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. **1[38-I. Acquisition of animals by a zoo.—(1) Subject to the other provisions of this Act, no zoo shall** acquire, sell or transfer any wild animal or captive animal specified in Schedules I and II except with the previous permission of the Authority. (2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.] **38J. Prohibition of teasing, etc., in a zoo.—No person shall tease, molest, injure or feed any animal** or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo.] 2[CHAPTER IVB NATIONAL TIGER CONSERVATION AUTHORITY **38K. Definitions.—In this Chapter,—** (a) “National Tiger Conservation Authority” means the Tiger Conservation Authority constituted under section 38L; (b) “Steering Committee” means the Committee constituted under section 38U; (c) “Tiger Conservation Foundation” means the foundation established under section 38X; (d) “tiger reserve State” means a State having tiger reserve; (e) “tiger reserve” means the areas notified as such under section 38V. **38L.Constitution of National Tiger Conservation Authority.—(1) The Central Government shall** constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Tiger Conservation Authority shall consist of the following members, namely:— (a) the Minister in charge of the Ministry of Environment and Forests—Chairperson; (b) the Minister of State in the Ministry of Environment and Forests—Vice-Chairperson; (c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development; (e) Secretary, Ministry of Environment and Forests; (f) Director General of Forests and Special Secretary, Ministry of Environment and Forests; (g) Director, Wild Life Preservation, Ministry of Environment and Forests; (h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years; (i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice; 1. Subs. by Act 16 of 2003, s. 24, for section 38-I (w.e.f. 1-4-2003). 2. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006). 27 ----- (j) Secretary, Ministry of Tribal Affairs; (k) Secretary, Ministry of Social Justice and Empowerment; (l) Chairperson, National Commission for the Scheduled Tribes; (m) Chairperson, National Commission for the Scheduled Castes; (n) Secretary, Ministry of Panchayati Raj; (o) Inspector-General of Forests or an officer of the equivalent rank having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary, to be notified by the Central Government, in the Official Gazette. (3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. **38M. Term of office and conditions of service of members.—(1) A member nominated under** clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years: Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office. (2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he— (a) is, or at any time has been, adjudicated as insolvent; (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (c) is of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or (f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter. (3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed. (4) The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed. (5) No act or proceeding of the Tiger Conservation Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Tiger Conservation Authority. **38N. Officers and employees of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act: Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be’ the employee of that Authority. (2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed. 28 ----- **38O. Powers and functions of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall have the following powers and perform the following functions, namely:— (a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act; (b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves; (c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance; (d) provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code; (e) provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation; (f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation; (g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority; (h) facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and people’s participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws; (i) ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan; (j) facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat. (2) The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions: Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes. **38P. Procedure to be regulated by Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall meet at such time and at such place as the Chairperson may think fit. (2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority. (3) The Tiger Conservation Authority shall regulate its own procedure. (4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf. 29 ----- **38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund.—(1) The** Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto— (i) any grants and loans made to the Tiger Conservation Authority by the Central Government; (ii) all fees and charges received by the Tiger Conservation Authority under this Act; and (iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter. **38R. Accounts and audit of Tiger Conservation Authority.—(1) The Tiger Conservation** Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Tiger Conservation Authority. (4) The accounts of the Tiger Conservation Authority as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority. **38S. Annual report of Tiger Conservation Authority.—The Tiger Conservation Authority shall** prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. **38T. Annual report and audit report to be laid before Parliament.—The Central Government** shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, insofar as they relate to the Central Government, and the reasons for the nonacceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each House of Parliament. **38U. Constitution of Steering Committee.—(1) The State Government may constitute a Steering** Committee for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the tiger range States. (2) The Steering Committee shall consists of— (a) the Chief Minister —Chairperson; (b) the Minister in-charge of Wild Life —Vice-Chairperson; 30 ----- (c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government’s Departments dealing with tribal affairs; (d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development, (e) two members from the State’s Tribal Advisory Council; (f) one representative each from State Government’s Departments dealing with Panchayati Raj and Social Justice and Empowerment; (g) Chief Wild Life Warden of the State shall be the Member-Secretary, ex officio, to be notified by the State Government, in the Official Gazette. **38V. Tiger Conservation Plan.—(1) The State Government shall, on the recommendation of the** Tiger Conservation Authority, notify an area as a tiger reserve. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary. (3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure— (a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in the habitat; (b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas; (c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation. (4) Subject to the provisions contained in this Act, the State Government shall, while preparing a Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve, _Explanation.—For the purposes of this section, the expression “tiger reserve” includes—_ (i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and. notified as such by the State Government in consultation with an Expert Committee constituted for the purpose; (ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purpose. (5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless— 31 ----- (i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete; (ii) the concerned agencies of the State Government, in exercise of their powers under this Act, establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat; (iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available; (iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the National Relief and Rehabilitation Policy; (v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the resettlement programme has been obtained; and (vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with. **38W. Alteration and de-notification of tiger reserves.—(1) No alteration in the boundaries of a** tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life. (2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life. **38X. Establishment of Tiger Conservation Foundation.—(1) The State Government shall establish** a Tiger Conservation Foundation for tiger reserves within the State in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in eco-development by involvement of people in such development process. (2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:— (a) to facilitate ecological, economic, social and cultural development in the tiger reserves; (b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves; (c) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives; (d) to solicit technical, financial, social, legal and other support required for the activities of the Foundation for achieving the above said objectives; (e) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism; (f) to support research, environmental education and training in the above related fields. CHAPTER IVC TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL BUREAU **38Y. Constitution of Tiger and other Endangered Species Crime Control Bureau.—The Central** Government may, for the purposes of this Act, by order published in the Official Gazette, constitute a Tiger and other Endangered Species Crime Control Bureau to be known as the Wildlife Crime Control Bureau consisting of— (a) the Director of Wildlife Preservation—Director ex officio; 32 ----- (b) the Inspector-General of Police—Additional Director; (c) the Deputy Inspector-General of Police—Joint Director; (d) the Deputy Inspector-General of Forests—Joint Director; (e) the Additional Commissioner (Customs and Central Excise)—Joint Director; and (f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this Act. **38Z. Powers and functions of the Wildlife Crime Control Bureau.—(1) Subject to the provisions** of this Act, the Wildlife Crime Control Bureau shall take measures with respect to— (i) collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank; (ii) co-ordination of actions by various officers, State Governments and other authorities in connection with the enforcement of the provisions of this Act, either directly or through regional and border units set up by the Bureau; (iii) implementation of obligations under the various international Conventions and protocols that are in force at present or which may be ratified or acceded to by India in future; (iv) assistance to concerned authorities in foreign countries and concerned international organisations to facilitate co-ordination and universal action for wildlife crime control; (v) develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes; (vi) advice the Government of India on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time. (2) The Wildlife Crime Control Bureau shall exercise— (i) such powers as may be delegated to it under sub-section (1) of section 5, sub-sections (1) and (8) of section 50 and section 55 of this Act; and (ii) such other powers as may be prescribed.] CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES **39. Wild animals, etc., to be Government property.—(1) Every—** (a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or [1][bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed [2]*** or by mistake; and (b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed, [3][(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed; 1. Subs. by Act 44 of 1991, s. 27, for “bred in captivity” (w.e.f. 2-10-1991). 2. The words “without a licence or” omitted by s. 27, ibid. (w.e.f. 2-10-1991). 3. Ins. by s. 27, ibid. (w.e.f. 2-10-1991). 33 ----- (d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.] shall be the property of the State Government, and, where such animal is hunted in a sanctuary or National Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or meat [1][derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government. (2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be. (3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer— (a) acquire or keep in his possession, custody or control, or (b) transfer to any person, whether by way of gift, sale or otherwise, or (c) destroy or damage, such Government property. **40. Declarations.—(1) Every person having at the commencement of this Act the control, custody or** possession of any captive animal specified in Schedule I or Part II of Schedule II, [2][or animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 420 otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. 3[(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance. (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40: Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.] 4[(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I or to a public museum.] (4) The State Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer [5][any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed. 1. Subs. by Act 44 of 1991, s. 27, for “derived from such animal” (w.e.f. 2-10-1991). 2. Subs. by Act 16 of 2003, s. 25, for “or any uncured trophy” (w.e.f. 1-4-2003). 3. Ins. by s. 25, ibid. (w.e.f. 1-4-2003). 4. Subs. by Act 44 of 1991, s. 28, for sub-section (3) (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 25, for “any animal article” (w.e.f. 1-4-2003). 34 ----- **1[40A. Immunity in certain cases.—(1) Notwithstanding anything contained in sub-sections (2) and** (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in Schedule I or Part II of Schedule II in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed. (2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated. (3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.] **41. Inquiry and preparation of inventories.—(1) On receipt of a declaration made under section** 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,— (a) enter upon the premises of a person referred to in section 40; (b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of Schedule II and found thereon; and (c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed. (2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter. **42. Certificate of ownership.—The Chief Wild Life Warden may, for the purposes of section 40,** issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification. 2[Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.] **3[43. Regulation of transfer of animal, etc.—(1) No person having in his possession captive animal,** animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy. (2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. (3) Nothing in this section shall apply— (a) to tail feather of peacock and the animal article or trophies made therefrom; (b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.] 1. Ins. by Act 16 of 2003, s. 26 (w.e.f. 1-4-2003). 2. Added by s. 27, ibid. (w.e.f. 1-4-2003). 3. Subs. by s. 28, ibid., for section 43 (w.e.f. 1-4-2003). 35 ----- **44. Dealings in trophy and animal articles without licence prohibited.—[1][(1) Subject to the** provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)]— (a) commence or carry on the business as— (i) a manufacturer of or dealer In, any animal article; or 2*** (ii) a taxidermist; or (iii) a dealer in trophy or uncured trophy; or (iv) a dealer In captive animals; or (v) a dealer In meat; or (b) cook or serve meat In any eating-house: 3[(c) derive, collect or prepare or deal in snake venom;] Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him: [4][Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.] _Explanation.—For the purposes of this section, “eating-house” includes a hotel, restaurant or any_ other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging. (2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be. (3) Every person referred to in sub-section (1) who intends to obtain a licence, shall [5]*** make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence. (4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer. 6[(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.] (5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business. (6) Every licence granted under this section shall— 1. Subs. by Act 28 of 1986, s. 2, for certain words (w.e.f. 25-11-1986). 2. Sub-clause (ia) omitted by Act 44 of 1991, s. 30 (w.e.f. 2-10-1991). 3. Ins. by s. 30, ibid. (w.e.f. 2-10-1991). 4. Subs. by s. 30, ibid., for the second proviso (w.e.f. 2-10-1991). 5. Certain word omitted by Act 23 of 1982, s. 3 (w.e.f. 21-5-1982). 6. Subs. by s.3, ibid., for clause (b) (w.e.f. 21-5-1982). 36 ----- (a) be valid for one year from the date of its grant; (b) not be transferable; and (c) be renewable for a period not exceeding one year at a time. (7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that— (i) the application for such renewal has been made after the expiry of the period specified therefor, or (ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or (iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or (iv) the applicant does not fulfil the prescribed conditions. (8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing. (9) Nothing in the foregoing sub-sections shall apply in relation to vermin. **45. Suspension or cancellation of licences.—Subject to any general or special order of the State** Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44: Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard. **46. Purchase.—(1) An appeal from an order refusing to grant or renew a licence under section 44 or** an order suspending or cancelling a licence under section 45 shall lie— (a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or (b) if the order is made by the Chief Wild Life Warden, to the State Government. (2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government. (3) Subject as aforesaid, every order passed in appeal under this section shall be final. (4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against: Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. **47. Maintenance of records.—A licensee under this Chapter shall—** (a) keep records, and submit such returns of his dealings, as may be prescribed,— (i) to the Director or any other officer authorised by him in this behalf, and (ii) to the Chief Wild Life Warden or the authorised officer; and (b) make such records available on demand for inspection by such officers. **48. Purchase of animals, etc., by licensee.—No licensee under this Chapter shall—** (a) keep in his control, custody or possession,— (i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made; 37 ----- (ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) capture any wild animal, or (ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I or Part II of Schedule II or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal, except in accordance with such rules as may be made tinder this Act; Provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one State to another, no such transfer or transport shall be effected except with the previous permission in writing of the Director or any other officer authorised by him in this behalf: Provided further that no such permission under the foregoing proviso shall be granted unless the Director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired. **1[48A. Restriction on transportation of wild life.—No person shall accept any wild animal (other** than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.] **49. Purchase of captive animal, etc., by a person other than a licensee.—No person shall** purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this Act: 2[Provided that nothing in this section shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.] 3[CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS **49A. Definitions.—In this Chapter,—** (a) “Scheduled animal” means an animal specified for the time being in Schedule I or Part II of Schedule II; (b) “Scheduled animal article” means an article made from any Scheduled animal and includes an article or object in which the whole or any part of such animal [4][has been used but does not include tail feather of peacook, an article or trophy made therefrom and snake venom or its derivative.] (c) “Specified date” means— (i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months from such commencement; [5]*** (ii) in relation to any animal added or transferred to Scheduled I or Part II of Schedule II at any time after such commencement, the date of expiry of two months from such addition or transfer. 1. Ins. by Act 44 of 1991, s. 31 (w.e.f. 2-10-1991). 2. Subs. by s. 32, ibid., for the proviso (w.e.f. 2-10-1991). 3. Ins. by Act 28 of 1986, s. 3 (w.e.f. 25-11-1986). 4. Subs. by Act 44 of 1991, s. 33, for “has been used” (w.e.f. 2-10-1991). 5. The word “and” omitted by s. 33, ibid. (w.e.f. 2-10-1991). 38 ----- [1][(iii) in relation ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).] **49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled** **animals.—(1) Subject to the other provisions of this Section, on and after the specified date, no person** shall— (a) commence or carry on the business as— (i) a manufacturer of, or dealer in, scheduled animal articles; or 2[ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or] (ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or (iv) a dealer in any captive animals being scheduled animals; or (v) a dealer in meat derived from any scheduled animal; or (b) cook or serve meat derived from any scheduled animal in any eating-house. _Explanation.—For the purposes of this sub-section, “eating-house” has the same meaning as_ in the Explanation below sub-section (1) of Section 44. (2) Subject to the other provisions of this section, no licence granted or renewed under Section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this section or the occupation referred to in clause (b) of that sub-section after such date. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the Central Government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), or any society registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under Section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof— (a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or (b) with the previous authorisation in writing of the Chief Wild Life Warden, for and on behalf of any person for educational or scientific purposes. **49C. Declaration by dealers.—(1) Every person carrying on the business or occupation referred to** in sub-section (1) of Section 49B shall, within thirty days from the specified date declare to the Chief Wild Life Warden or the authorised officer— (a) his stocks, if any, as at the end of the specified date of— (i) scheduled animal articles; (ii) scheduled animals and parts thereof; (iii) trophies and uncured trophies derived from scheduled animals; 1. Ins. by Act 44 of 1991, s. 33 (w.e.f. 2-10-1991). 2. Ins. by s. 34, ibid. (w.e.f. 2-10-1991). 39 ----- (iv) captive animals being scheduled animals; [1][(v) ivory imported into India or articles made therefrom;] (b) the place or places at which the stocks mentioned in the declaration are kept; and (c) the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use. (2) On receipt of a declaration under sub-section (1), the Chief Wild Life Warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply. (3) Where, in a declaration made under sub-section (1), the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the Chief Wild Life Warden, with the prior approval of the Director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the Chief Wild Life Warden, are required for the _bona fide personal use of such person and affix upon such items_ identification marks in such manner as may be prescribed: Provided that no such item shall be kept in any commercial premises. (4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3). (5) An appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sections (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section. (6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item— (a) transfers such item to any person, whether by way of gift, sale or otherwise, or (b) transfers or transports from the State in which he resides to another State any such item, he shall, within thirty days of such transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. (7) No person, other than a person who has been issued a certificate of ownership under sub-section (3), shall on and after the specified date keep under his control, sell or offer for sale or transfer to any person [2][any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.] CHAPTER VI PREVENTION AND DETECTION OF OFFENCES **50. Power of entry, search, arrest and detention.—(1) Notwithstanding anything contained in any** other law for the time being in force, the Director or any other officer authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a sub- inspector, may, if he has reasonable grounds for believing that any person has committed an offence against this Act,— (a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy or [3][trophy, uncured trophy, specified plant or part or derivative thereof] in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this Act; 1. Ins. by Act 44 of 1991, s. 35 (w.e.f. 2-10-1991). 2. Subs. by s. 35, ibid., for “any scheduled animal or a scheduled animal article” (w.e.f. 2-10-1991). 3. Subs. by s. 36, ibid., for “trophy or uncured trophy” (w.e.f. 2-10-1991). 40 ----- (b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession; [1][(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this Act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, and detain him: Provided that where a fisherman, residing within ten kilometres of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.] [2]* - - - (3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detainany person, whom he sees doing any act for which a licence or permit is required under the provisions of this Act, for the purposes of requiring such person to produce the licence or permit and if such person fails to produce the licence or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. [3][(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or 4[an Assistant Conservator of Forests] who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.] (4) Any person detained, or things seized under the foregoing power, shall forthwith be taken before a Magistrate to be dealt with according to law [5][under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard]. (5) Any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this Act. 6[(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer may arrange for the disposal of the same in such manner as may be prescribed.] (7) Whenever any person is approached by any of the officers referred to in sub-section (1) for assistance in the prevention or detection of an offence against this Act, or in apprehending persons charged with the violation of this Act, or for seizure in accordance with clause (c) of sub-section (1), it shall be the duty of such person or persons to render such assistance. [7][(8) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Director of Wild Life Preservation or [8][an officer not below the rank of Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the powers, for purposes of making investigation into any offence against any provision of this Act— (a) to issue a search warrant; 1. Subs. by Act 44 of 1991, s. 36, for clause (c) (w.e.f. 2-10-1991). 2. Sub-section (2) omitted by s. 36, ibid (w.e.f. 2-10-1991). 3. Ins. by s. 36, ibid. (w.e.f. 2-10-1991). 4. Subs. by Act 16 of 2003, s. 29, for “Wild Life Warden,” (w.e.f. 1-4-2003). 5. Ins. by s. 29, ibid. (w.e.f. 1-4-2003). 6. Subs. by s. 29, ibid., for sub-section (6) (w.e.f. 1-4-2003). 7. Ins. by Act 44 of 1991 s. 36 (w.e.f. 2-10-1991). 8. Subs. by Act 16 of 2003, s. 29, for “Wild Life Warden” (w.e.f. 1-4-2003). 41 ----- (b) to enforce the attendance of witnesses; (c) to compel the discovery and production of documents and material objects; and (d) to receive and record evidence. (9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.] **51. Penalties.—(1) Any person who** [1][contravenes any provision of this Act [2][(except Chapter VA and section 38J)]] or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to [3][three years], or with fine which may extend to [4][twenty-five thousand rupees], or with both: 5[Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees: Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty-five thousand rupees.] [6][(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than [7][three years] but which may extend to seven years and also with fine which shall not be less than [8][ten thousand rupees].] 9[(1B) Any person who contravenes the provisions of section 38J, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees.] (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy, [10][uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence. (4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction. 1. Subs. by Act 28 of 1986, s. 4, for “contravenes any provision of this Act” (w.e.f. 25-11-1986). 2. Subs. by Act 44 of 1991, s. 37, ibid., for “(except Chapter VA)” (w.e.f. 2-10-1991). 3. Subs. by s. 37, ibid., for “two years” (w.e.f. 2-10-1991). 4. Subs. by s. 37, ibid., for “two thousand rupees” (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 30, for the first and second provisos (w.e.f. 1-4-2003). 6. Ins. by Act 28 of 1986, s. 4 (w.e.f. 25-11-1986). 7. Subs. by Act 16 of 2003, s. 30, for “one year” (w.e.f. 1-4-2003). 8. Subs. by s. 30, ibid., for “five thousand rupees” (w.e.f. 1-4-2003). 9. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991). 10. Subs. by s. 37, ibid., for “uncured trophy or meat” (w.e.f. 2-10-1991). 42 ----- [1][(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.] **2[51A. Certain conditions to apply while granting bail.—When any person accused of, the** commission of any offence relating to Schedule I or Part II of Schedule II or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless— (a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.] **52. Attempts and abetment.—Whoever attempts to contravene, or abets the contravention of, any of** the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be. **53. Punishment for wrongful seizure.—If any person, exercising powers under this Act, vexatiously** and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **3[54. Power to compound offence.—(1) The Central Government may, by notification, empower the** Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. (2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. (3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit. (4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the sum of twenty-five thousand rupees: Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.] 4[55. Cognizance of offences.—No court shall take cognizance of any offence against this Act on the complaint of any person other than— (a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or 5[(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or] 1. Ins. by Act 44 of 1991, s. 37. (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 31 (w.e.f. 1-4-2003). 3. Subs. by s. 32, ibid., for section 54 (w.e.f. 1-4-2003). 4. Subs. by Act 44 of 1991, s. 39, for section 55 (w.e.f. 2-10-1991). 5. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003). 43 ----- 1[(ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve; or] (b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government [2][subject to such conditions as may be specified by that Government]; or 2[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or] (c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.] **56. Operation of other laws not barred.—Nothing in this Act shall be deemed to prevent any** person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. **57. Presumption to be made in certain cases.—Where, in any prosecution for an offence against** this Act, it is established that a person is in possession, custody or control of any captive animal, animal article, meat, [3][trophy, uncured trophy, specified plant, or part or derivative thereof] it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such captive animal, animal article, meat, [3][trophy, uncured trophy, specified plant, or part or derivative thereof.] **58. Offences by Companies.—(1) Where an offence against this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 4[CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE **58A. Application.—The provisions of this Chapter shall apply only to the following persons,** namely:— (a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more; 1. Ins. by Act 39 of 2006, s. 4 (w.e.f. 4-9-2006). 2. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 40, for “trophy or uncured trophy” (w.e.f. 2-10-1991). 4. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003). 44 ----- (b) every associate of a person referred to in clause (a); (c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. **58B. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “Appellate Tribunal” means the Appellate Tribunal for Forfeited Property constituted under section 58N; (b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, includes— (i) any individual who had been or is managing the affairs or keeping the accounts of such person; (ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director; (iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (v) the trustee of any trust, where,— (1) the trust has been created by such person; or (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date; (vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person; (c) “competent authority” means an officer authorised under section 58D; (d) “concealment” means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means; (e) “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58F; (f) “identifying” includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products; (g) “illegally acquired property” in relation to any person to whom this Chapter applies, means,— (i) any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives; (ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes— 45 ----- (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; (h) “property” means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products; (i) “relative” means— (1) spouse of the person; (2) brother or sister of the person; (3) brother or sister of the spouse of the person; (4) any lineal ascendant or descendant of the person; (5) any lineal ascendant or descendant of the spouse of the person; (6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5); (7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3); (j) “tracing” means determining the nature, source, disposition, movement, title or ownership of property; (k) “trust” includes any other legal obligation. **58C. Prohibition of holding illegally acquired property.—(1) From the date of commencement of** this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter: Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products. **58D. Competent authority.—The State Government may, by order published in the Official Gazette,** authorise any officer not below the rank of Chief Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of persons as the State Government may, direct. **58E. Identifying illegally acquired property.—(1) An officer not below the rank of Deputy** Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary. 46 ----- (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. **58F. Seizure or freezing of illegally acquired property.—(1) Where any officer conducting an** inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. _Explanation.—For the purposes of this section, “transfer of property” means any disposition,_ conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes— (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. **58G. Management of properties seized or forfeited under this Chapter.—(1) The State** Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government. **58H. Notice of forfeiture of property.—(1) If having regard to the value of the properties held by** any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Chapter and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 47 ----- **58-I. Forfeiture of property in certain cases.—(1) The competent authority may, after considering** the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days. (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances. (4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith. (5) Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares. **58J. Burden of proof.—In any proceedings under this Chapter, the burden of proving that any** property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected. **58K. Fine in lieu of forfeiture.—(1) Where the competent authority makes a declaration that any** property stands forfeited to the State Government under section 58-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released. **58L. Procedure in relation to certain trust properties.—In the case of any person referred to in** sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly. 48 ----- _Explanation.—For the purposes of this section “illegally acquired property” in relation to any_ property held in trust, includes— (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. **58M. Certain transfers to be null and void.—Where after the making of an order under** sub-section (1) of section 58F or the issue of a notice under section 58H or under section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government under section 58-I, then, the transfer of such property shall be deemed to be null and void. **58N. Constitution of Appellate Tribunal.—(1) The State Government may, by notification in the** Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court. (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. **58-O. Appeals.—(1) Any person aggrieved by an order of the competent authority made under** section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. (3) The Appellate Tribunal may regulate its own procedure. (4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof. **58P. Notice or order not to be invalid for error in description.—No notice issued or served, no** declaration made, and no order passed under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. **58Q. Bar of jurisdiction.—No order passed or declaration made under this Chapter shall be** appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter. 49 ----- **58R. Competent Authority and Appellate Tribunal to have powers of civil court.—The** competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or documents; (f) any other matter which may be prescribed. **58S. Information to competent authority.—(1) Notwithstanding anything contained in any other** law for the time being in force, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter. (2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter. **58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.—** For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:— (a) officers of Police; (b) officers of the State Forest Departments; (c) officers of the Central Economic Intelligence Bureau; (d) officers of the Directorate of Revenue Intelligence; (e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette. **58U. Power to take possession.—(1) Where any property has been declared to be forfeited to the** State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. **58V. Rectification of mistakes.—With a view to rectifying any mistake apparent from record, the** competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard. 50 ----- **58W. Findings under other laws not conclusive for proceedings under this Chapter.—No finding** of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter. **58X. Service of notices and orders.—Any notice or order issued or made under this Chapter shall be** served,— (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. **58Y.Punishment for acquiring property in relation to which proceedings have been taken under** **this Chapter.—Any person who knowingly acquires, by any mode whatsoever, any property in relation** to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.] CHAPTER VII MISCELLANEOUS **59. Officers to be public servants.—Every officer referred to** [1][in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA], [2][Chapter IVB] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **60. Protection of action taken in good faith.—(1) No-suit, prosecution or other legal proceeding** shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. 3[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 4[Chapter IVB] and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.] **5[60A. Reward to persons.—(1) When a court imposes a sentence of fine or a sentence of which fine** forms a part, the Court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding [6][fifty per cent. of such fine]. (2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding [7][fifty per cent. of such money].] **8[60B. Reward by State Government.—The State Government may empower the Chief Wild Life** Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.] 1. Subs. by Act 44 of 1991, s. 41, for “in Chapter II and” (w.e.f. 2-10-1991). 2. Ins. by Act 39 of 2006, s. 5 (w.e.f. 4-9-2006). 3. Ins. by Act 44 of 1991, s. 42 (w.e.f. 2-10-1991). 4. Ins. by Act 39 of 2006, s. 6 (w.e.f. 4-9-2006). 5. Ins. by Act 44 of 1991, s. 43 (w.e.f. 2-10-1991). 6. Subs. by Act 16 of 2003, s. 35, for “twenty per cent. of such fine” (w.e.f. 1-4-2003). 7. Subs. by s. 35, ibid., for “twenty per cent. of such money” (w.e.f. 1-4-2003). 8. Ins. by s. 36, ibid. (w.e.f. 1-4-2003). 51 ----- **61. Power to alter entries in Schedules.—(1) The Central Government may, if it is of opinion that it** is expedient so to do, by notification, [1][add or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another. 2* - - - (3) On the issue of a notification under sub-section (1) [3]***, the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration. 4* - - - Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State: Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government. **62. Declaration of certain wild animals to be vermin.—[5][The Central Government]** may, by notification, declare any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be deemed to have been included in Schedule V. **63. Power of Central Government to make rules.—[6][(1) The Central Government may, by** notification, make rules for all or any of the following matters, namely:— (a) conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section 17F; 7[(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;] 8[(aa) the matters to be prescribed under clause (b) of sub-section (4) of section 44;] (b) the salaries, allowances and other conditions of appointment of chairperson, members and member-secretary under sub-section (5) of section 38B; (c) the terms and conditions of service of the officers and other employees of the Central Zoo Authority under sub-section (7) of section 38B; (d) the form in which the annual statement of accounts of the Central Zoo Authority shall be prepared under sub-section (4) of section 38E; (e) the form in which and the time at which the annual report of the Central Zoo Authority shall be prepared under section 38F; (f) the form in which and the fee required to be paid with the application for recognition of a zoo under sub-section (2) of section 38H; (g) the standards, norms and other matters to be considered for granting recognition under sub-section (4) of section 38H; 1. Subs. by Act 44 of 1991, s. 44, for “add any entry to any Schedule” (w.e.f. 2-10-1991). 2. Sub-section (2) omitted by s. 44, ibid. (w.e.f. 2-10-1991). 3. The words brackets and figure “or sub-section (2)” omitted by Act 44 of 1991, s. 44 (w.e.f. 2-10-1991). 4. Sub-section (4) omitted by s. 44, ibid. (w.e.f. 2-10-1991). 5. Subs. by s. 45, ibid., for certain words (w.e.f. 2-10-1991). 6. Subs. by s. 46, ibid., for sub-section (1) (w.e.f. 2-10-1991). 7. Ins. by Act 16 of 2003, s. 37 (w.e.f. 1-4-2003). 8. Ins. by Act 23 of 1982, s. 4 (w.e.f. 21-5-1982). 52 ----- 1[(gi) qualifications and experience of experts or professionals under clause (d) of sub-section (2) of section 38-1; (gii) the salaries and allowances and other conditions of appointment of the members under sub-section (4) of section 38M; (giii) the terms and conditions of service of the officers and other employees of the Tiger Conservation Authority under sub-section (2) of section 38N; (giv) the form in which the annual statement of accounts of Tiger Conservation Authority shall be prepared under sub-section (1) of section 38R; (gv) the form in which and the time at which the annual report of Tiger Conservation Authority shall be prepared under section 38S; (gvi) other powers of the Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.] (h) the form in which declaration shall be made under sub-section (2) of section 44; (i) the matters to be prescribed under Cl. (b) of sub-section (4) of section 44; (j) the terms and conditions which shall govern transaction referred to in clause (b) of section 48; (k) the manner in which notice may be given by a person under clause (c) of section 55; (1) the matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.] (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **64. Power of State Government to make rules.—(1) The State Government may, by notification,** make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 2[(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the Board under sub-section (2) of section 6; (b) allowances referred to in sub-section (3) of section 6;] (c) the forms to be used for any application, certificate, claim, declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this Act and the fees, if any, therefor; (d) the conditions subject to which any licence or permit may be granted under this Act; 3[(dd) the conditions subject to which the officers will be authorised to file cases in the court;] (e) the particulars of the record of wild animals (captured or killed) to be kept and submitted by the licensee; 4[(ee) the manner in which measures for immunisation of live-stock shall be taken;] 1. Ins. by Act 39 of 2006, s. 7 (w.e.f. 4-9-2006). 2. Subs. by Act 16 of 2003, s. 38, for clauses (a) and (b) (w.e.f. 1-4-2003). 3. Ins. by s. 38, ibid. (w.e.f. 1-4-2003). 4. Ins. by Act 44 of 1991, s. 47 (w.e.f. 2-10-1991). 53 ----- (f) regulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies; (g) regulation of taxidermy; 1[(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under sub-section (2) of section 58G; (gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N; (gc) the fund from which and the manner in which payment of reward under section 60B shall be made;] (h) any other matter which has to be, or may be, prescribed under this Act. **65. Rights of Scheduled Tribes to be protected.—Nothing in this Act shall affect the hunting rights** conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of tile Andaman and Nicobar Administration, No. 40,/67/F, No. G635, Vol. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967. **66. Repeal and savings.—(1) As from the commencement of this Act, every other Act relating to any** matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed: Provided that such repeal shall not,— (i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder; (ii) affect any right, privilege, obligation or liability, acquired, accrued or incurred under the Act so repealed; (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or (iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. Punishment may be imposed, as if the aforesaid Act had not been repealed. (2) Notwithstanding such repeal,— (a) anything done or any action taken under the Act so repealed, (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act; (b) every licence granted under any Act so repealed and in force immediately before the commencement of this Act shall be deemed to have been granted under the corresponding provisions of this Act and shall, subject to the provisions of this Act, continue to be in force for the unexpired portion. of the period for which such licence had been granted. (3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right 1. Ins. by Act 16 of 2003, s. 38 (w.e.f. 1-4-2003). 54 ----- in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguishment of such rights shall be made in accordance with the provisions of this Act. 1[(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section. 26A.] 1. Ins. by Act 44 of 1991, s. 48 (w.e.f. 2-10-1991). 55 ----- SCHEDULE 1 (See Sections 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and 62) PART I : MAMMALS [1][1. Andaman Wild pig (Sus andamanensis)] [2][1-A. Bharal (Ovis nahura)] 2[1-B. Binturong (Arctictis binturong)] 2. Blackbuck (Antilope cervicapra) 2[2-A. - * *] 3. Brow-antlered deer or Thamin (Cervus eldi) 3[3-A. Himalayan Brown bear (Ursus arctos)] 4[ 5[3-B.] Capped langur (Presbyx pileatus)]] 4. Caracal (Felils caracal)] 6[4A. Catacean spp.] 5. Cheetah (Acinonyx jubatus) [7][5-A. Chinese Pangolin (Manis pentadactyla)] 8[5-B. Chinkara or Indian gazelle (Gazella gazella bennetti)] 6. Clouded leopard (Neofelis nebulosa) 9[6-A. Crab-eating macaque (Macaca irus umbrosa)] 10[ 11[6-B.] Desert cat (Felis libyca)] [12][6-C. Desert fox (Vulpes bucopus)] 7. Dugong (Dugong dugon) 13[7-A. Ermine (Mustela erminea)] 8. Fishing Cat (Felis viverrina) 14[8-A. Four-horned antelope (Tetraceros quadricornis)] 15[8-B. - * *] [15][ [16][8-C. * * *] 1. Entry 1 from Schedule III transferred as entry 1 of Part I of Schedule I by notification No. J11012/31/76-FRY(WL) dated 5 10-1977. 2. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 3. Entry 2 of Part II of Schedule II transferred as entry 3A by notification No. S.O. 859(E) dated 24-11-1986 4. Entry 4 in Part I of Schedule II transferred as entry 3A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 5. Entry 3A renumbered as Entry 3B by notification No. S.O. 859(E), dated 24-11-1986. 6. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 7. Ins. by notification No. J 11012/31/76-FRY (WL) dated 29-08-1977. 8. Entry 4 of Schedule III transferred as entry 5B by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 9. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 10. Entry 1 of Schedule IVtransferred as entry 6A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 11. Entry 6A renumbered as entry 6B by Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 12. Entry 2 of Schedule IV transferred as entry 6C by notification No. S.O. 859(E), dated 24-11-1986. 13. Entry 3 from Schedule IV as entry 7A by notification No. S.O. 859(E), dated 24-11-1986. 14. Entry 6 of Schedule III transferred as entry 8A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 15. Entry 6 and 8 of Schedule II transferred as entry 8B and 8C by notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 16. Entry 8C transferred to Part II of Schedule II as entry 1C by notification No. 859(E), dated 24-11-1986. 56 ----- [1][8-D. Gangetic dolphin (Platanista gangetica)] [2][8-E. Bison or Gaur (Bos gaurus)] 9. Golden cat (Felis temmincki) 10. Golden Langur (Presbytis geei) 3[10-A. Giant squirrel (Ratufa macroura)] 4[ 5[10-B.] Himalayan ibex (Capra ibex)] [6][ [7][10-C.] Himalayan tahr (Hemitragus jemlahicus)] 11. Hispid hare (Caprolagui hispidus) [8][11-A. Hog badger (Arctonyx collaris)] 12. Hoolock gibbon (Hylobates hoolock)] 9[12-A. 10[* * *] 11[12-B. Indian Elephant (Elephas maximus)] 13. Indian lion (panthera leo persica) 14. Indian wild Ass (Equus homionus khur) 12[15. Indian wolf (Canis lupus pallipes)] 16. Kashmir Stag (Cervus elaphus hanglu) 13[16-A. Leaf monkey (Presbytis phayrei)] 14[16B. Leopard or Panther (Panthera pardus)] 17. Leopard cat (Felis bengalensis) 18. Lesser or red panda (Ailurus fulgens) 19. Lion tailed macaque (Macaca silenus) 20. Loris (Loris tardigradus) 15[20-A. Little Indian porpoise (Neomeris phocaenoides)] 21. Lynx (Felis lynx isabellinus) 22. Malabar civet (Viverra megaspila) 16[22-A. Malay or sun bear (Helarctos malayanus)] 1. Entry 8D ins by notification No. 859(E), dated 24-11-1986. 2. Entry 3 of Schedule II of Part I transferred as entry 8E by notification No. S.O. 859(E), dated 24-11-1986. 3. Entry 1A of Part II of Schedule II transferred as entry 10A by notification No. S.O. 859(E), dated 24-11-1986. 4. Entry 9 of Schedule III transferred as entry 10B by ?? 5. Entry 10A renumbered as entry 10B by notification No. S.O. 859(E), dated 24-11-1986. 6. Entry 10 of Schedule III transferred as entry 10A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 7. Entry 10B renumbered as entry 10C by notification No. S.O. 859(E), dated 24-11-1986. 8. Entry 12 of Part I of Schedule II transferred as entry 11A by notification No. S.O. 859(E), dated 24-11-1986.?? 9. Entry 12A ins. by by notification No. J 11012/31/76-FRY (WL) dated 29-08-1977. 10. Entry 12 A omitted ?? or transferred?? 11. Entry 13 of Part I of Schedule II transferred as entry 12B by by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 12. Entry 15 subs. by notification No. J 11012/31/76-FRY (WL) dated 29-08-1977. 13. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 14. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 15. Entry 4C of Schedule IV transferred as entry 20A by notification No. S.O. 859(E), dated 24-11-1986 16. Entry 15 of Part I of Schedule II transferred as entry 22A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 57 ----- 23. Marbled cat (Felis marmorata) 24. Markhor (Capra falconeri) 1[24-A. Mouse deer (Tragulus meminna) 25. Musk deer (Moschus moschiferus) 2[25-A. Nilgiri langur (Presbytis johni) 3[25-B. Niggiri Tahr (Homitragus hylccrius) 26. Nayan or great Tibetan sheep ??? (Ovis ammon hodgsoni) 27. Pallas’s Cat (Felis manul) 28. Pangolin (Manis crassicaudata) 29. Pygmy hog (Sus salvanius) 4[29-A. Ratel (Mellivora capansis) 30. Rhinceros (Rhinoceros unicornis) 31. Rusty Spotted Cat (Felis rubiginosa) 5[31-A. Serow (Capricornis sumatraensis)] [6][31-B. Otter (Aonyx cinerea)] [7][ [8][31-C.] Sloth bear (Melursus ursinus)] 32. Slow loris (Nycticebus coveang) 9[32-A. Small Travancore flying Squirrel (Petinomys fuscopapillus)] 33. Snow leopard (Panthera uncia) 10[33-A. Snubfin dolphin (Orcaella brevirostris)] 34. Spotted linsang (Prionodon pardicolor) 35. Swamp deer (All sub-species of Cervus duvauceli) 36. Takin or Mishmi takin (Budoroas taxicolor) 11[36-A. Tibetan Antelope or Chiru (Panthelops hodgsoni)] [12][36-B. Tibetan fox (Vulpes ferrilatus)] 37. Tibetan gazelle (Procapra picticaudata) 38. Tibetan wild ass (Equus hemionus kiang) 39. Tiger (Panthera tigris) 40. Urial or Shapu (Ovis vignei) 1. Entry 13 of Schedule III transferred as entry 24A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 2. Entry 3 from Part II of Schedule II as entry 25A by notification No. S.O. 859(E), dated 24-11-1986. 3. Entry 25A renumbered as Entry 25B by notification No. S.O. 859(E), dated 24-11-1986. 4. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 5. Entry 18 of Part I of Schedule II transferred as entry 31A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 6. Entry 4 of Part II of Schedule II transferred as entry 31B by notification No. S.O. 859(E), dated 24-11-1986. 7. Entry 17 of Schedule III transferred as entry 31B by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 8. Entry 31B renumbered as entry 31C by notification No. S.O. 859(E), dated 24-11-1986. 9. ?? 10. Ins. by Notification No. S.O. 859(E), dated 24-11-1986. 11. Entry 20 of Part I of Schedule II transferred as entry 36A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 12. Entry 9 of Schedule IV transferred as entry 36B by Notification No. S.O. 859(E), dated 24-11-1986. 58 ----- 41. Wild buffalo (Bubalus bubalis) 1[41-A. Wild yak (Bos grunniens)] [2][41-B. Tibetan wolf (Canis lupus chanco)] [3][42. Wroughton’s free tailed bat (Otomops wroughtoni) 43. Salim Ali’s fruit bat (Latidens salimalii)] [4][44. Hog Deer (Axis porcinus)] PART II : AMPHIBIANS AND REPTILES 5[1. Agra Monitor Lizard [Varanus griseus (Daudin)]] 6[1-A. 7* * * * *] [8][1-B. Audithia turtle (Pelochelys bibroni)] [9][ [10][1-C]. Barred, oval or Yellow Monitor Lizard (Varanus flavescens)] [11][1-D]. Crocodiles (Including the estuarine or saltwater crocodile) (Crocodilus porusus and _Crocodilus palustris)_ 12[1-E. Batagur Terrapin (Batagur baska) 1-F. Eastern hill terrapin (Melanochelys triearinata)] 2. Gharial (Gavialis gangeticus) 13[3. Ganges soft-shellod turtle (Trionyx gangeticus)] 14[3-A. Golden gecko (Caloductyloides aureus)] 4. Green Sea turle (Chelonia mydas) 5. Hawksbill Turtle (Eratmochelys imbricata imbricata) [15][6. - * * * *] 7. Indian egg eating snake (Elachistodon westermanni) 8. Indian soft-shelled turtle (Lissemys punctata) 9. Indian tent turtle (Kachuga tecta tecta) 16[9A. Kerala Forest Terrapin (Hoesemys sylratiea) 10. Large Bengal Monitor Lizard (Varanus bengalensis) 11. Leathery turtle (Dermochelys coriacea) 1. Entry 23 of Part I of Schedule II transferred as entry 41A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 2. Entry 6 of Part II of Schedule II transferred as entry 41B by notification No. S.O. 859(E), dated 24-11-1986. 3. Ins. by notification No. S.O. 1085(E), dated 30-9-2002. 4. Ins. by notification No. S.O. 3653(E), dated 6-12-2013. 5. Entry 1 of Part I of Schedule II transferred as entry 1 by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 6. Entry 1A ins by notification No. notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 7. 8. Entry 1B ins. by notification No. S.O. 859(E), dated 24-11-1986. 9. Ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 10. Entry IB renumbered as entry IC by Notification No. S.O. 859(E), dated (24-11-1986). 11. Entry IC renumbered as entry 1D by Notification No. S.O. 859(E), dated (24-11-1986). 12. Entries 1E and 1F ins. by notification No. S.O. 859(E), dated (24-11-1986). 13. Entries 3 to 17 Ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 14. Entry 3A ins. by notification No. S.O. 859(E), dated 24-11-1986. 15. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. Transferred to Part I of Schedule II as entry 11A by notification No. 859(E), dated 24-11-1986. 16. Entry 9A ins. by notification No. S.O. 859(E), dated (24-11-1986). 59 ----- 12. Loggerhead turtle (Caretta caretta) 13. Oliveback loggerhead turtle (Lepidochelys olivacea) 14. Peacock-marked solf-shelled turtle (Trionyx hurum) 1[14-A. Pythons (Genus python)] 2[14B. Sail terrapin (Kachuga kachuga)] 14C. Spotted black terrapin (Geoclemys hamiltoni)] 3[15. *****] [16. - * *] 17. - * *] 4[17-A. Water Lizard (Varanus salvator).] 5[PART IIA Fishes 1. Whate shark (Rhincodon typus)] [6][ [7][2. Shark and Ray (i) Anoxypristis cuspidate (ii) Carcharhinus hemiodon (iii) Glyphis gangeticus (iv) Glyphis glyphis (v) Himantura fluviatilis (vi) Pristis microdon (vii) Pristis zijsron (viii) Rhybchobatus djiddensis (ix) Urogymnus asperrimus] 3. Sea Horse (All sygnathidians). 4. Giant Grouper (Ephinephelus lanceolatus)] PART III : BIRDS 8[1. Andaman Teal (Anas gibberifoons allogularis) 1-A. Assam bamboo partridge (Bambusicola fytchii)] 9[1-B. Bazas (Aviceda jerdoni and Aviceda leuphotes)] 1. Entry 17 of Part I of Schedule II transferred as entry 14A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 2. Entries 14B and 14C ins. by notification No. S.O. 859(E), dated (24-11-1986). 3. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 4. Entry 21 in Part I of Schedule II transferred as entry 17A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 5. Added by notification No. S.O. 474(E), dated 28-5-2001. 6. Ins. by S.O. 665(E) dated 11-07-2001. 7. Subs by notification No. S.O. 1197(E), dated 5-12-2001, for serial number 2 and the entry relating thereto. 8. Entries 1 and 1A ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 9. Entry 1 renumbered as entry 1B by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 60 ----- 1[1-C. Bengal florican (Eupodotis bengalensis)] 1-D. Black-necked crane (Grus nigriocollis) 1-E. Blood pheasants (Ithaginis cruentus tibetanus, l.c. kuseri) 2[1-F. - * *] 2. Cheer pheasant (Catreus wallichi) 3[2-A. Eastern white stock (Ciconia ciconia boyciana)]?? 2-B. Forest spotted owlet (Athene blewitti)] [4][2-C. Frogmouths (Genus batrachostomus) 3. Great Indian bustard (Choriotis nigriceps) 4. Great Indian hornbill (Buceros bicornis) 5[4-A. Hawks (fam. Accipitridae)?? 6[4-B. Hooded crane (Grus monacha)] [4-C. Hornibills (Ptiloaemus tickelli austeni, Aceros nipalensis, Rhyticeros undulatus _ticehursti)]_ [4-D. Houbara bustard (Chlamydotis undulata)] [4-E. Hume’s bar-backed pheasant (Syrmaticus humiae)] [4-F. Indian pied hornbill (Anthracocerso malabaricus)] 5. Jerdon’s courser (Cursorius bitorquatus) 6. Lammergeier (Gypaetus barbatus) 7. Large falcons (Falco peregrinus, Falco biarmicus and Falco chicquera)] 7[7-A. Large Whistling teal (Dendrocygna bicolor)] [8][7-B. Lesser florican (Sypheotides indica)] [9][7-C]. Monal Pheasants (Lophophorus impejanus, L. sclateri)] 8. Mountain quail (Ophrysia superciliosa) 9. Narcondom hornbill (Rhyticeros (undulatus ) marcondami) 10[9-A. ***] 10. Nicobar megapode (Megapodins freycinet) 11[10-A. Nicobar pigeon (Caloenas nicobarica pelewensis) 12[10-B. Osprey or Fish eating eagle (Pandion haliaetus)] 13[10-C. Peacock pheasant (Polyplectron bicalcaratum)] 1. Entries 1C to 1F inserted by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 2. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 3. Entries 2A and 2B ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 4. Entry 2C Ins. by notification No. S.O. 859(E), dated 24-11-1986. 5. 6. Entries 4A to 4E ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 7. Entries 7A and 7B ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 8. Entry 7B ins. by Notification No. S.O. 859(E), dated 24-11-1986. 9. Entry 7B renumbered as entry 7C Ins. by Notification No. S.O. 859(E), dated 24-11-1986. 10. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 11. Entries 10A and 10B ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 12. 13. 61 ----- 11. `Peafowl (Pavo cristatus) 12. Pink-headed duck (Rhodonessa caryophyllacea) 13. Scalater’s Monal (Lophophorus solateri). 14. Siberian white crane (Grus leucogeranus) 1[14-A.2****] 14B. Tibetan Snow-cock (Tetraogallus tibetanus)] 15. Tragopan Pheasants (Tragopan melanocephalus, Tragopan blythii, Tragopan satyra, Tragopan _temmincki)_ 16. White-bellied sea eagle (Haliaetus leucogaster) 17. White-eared pheasant (Crossoptilon crossoptilon) 3[17-A. White spoonbill (Platalea leucorodia)] 18. White-winged wood duck (Cairina scutalata) [4][19. Swiftlets (Collocaliaunicolor and [5]***) 20. Hill myna (Gracula religiosa intermedia, Gracula religiosa peninsularis, Gracula religiosa indica and Gracula religiosaand andamanensis) 21. Tibetan ear pheasant (Crossoptilon harmani) 22. Kalij pheasant (Lophurs leucomelana) 23. Lord Derby’s parakeet (Psittacula derbyana) 24. Vultures (Gyps indicus, Gyps bengalensis, Gypstenuirostris) 25. White bellied hereon (Ardea insignis)] 6 [PART IV : CRUSTACEA AND INSECTS] [7][1. Butterflies and Moths **Family Amathusildae** **Common English name** Discophora deo deo Duffer, banded Discophora sondaica muscina Duffer, common Faunis faunula faunuloides Pallid fauna **Family Danaidae** Danaus gautama gautamoides Tigers Euploea crameri nicevillei Crow, spotted Black Euploea midamus roepstorfti Crow, Blue-spotted 1. Entries 14A and 14B ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 2. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 3. Entry 17A ins. by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 4. Ins. by notification No. S.O. 1085(E), dated 30-9-2002. 5. The word “Collocalia fusiphaga” in entry 19 omitted by S.O. 3653 (E), dated 6-12-2013. 6. Part IV ins.by by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 7. Entry 1 subs. by notification No. S.O. 859(E), dated 24th November, 1986, published in the Gazette of India, Extra., Pt. II, Section 3(i), dated 24th November, 1986. 62 |Family Amathusildae|Common English name| |---|---| |Discophora deo deo|Duffer, banded| |Discophora sondaica muscina|Duffer, common| |Faunis faunula faunuloides|Pallid fauna| |Family Danaidae|| |Danaus gautama gautamoides|Tigers| |Euploea crameri nicevillei|Crow, spotted Black| |Euploea midamus roepstorfti|Crow, Blue-spotted| ----- |Family Lycaenidae|Col2| |---|---| |Allotinus drumila|Darkie, crenulate/Great| |Allotinus fabius penormis|Angled darkie| |Amblopala avidiena|Hairstreak, Chinese| |Amblypodia ace arata|Leaf Blue| |Amblypodia alea constanceae|Rosy Oakblue| |Amblypodia ammonariel|Malayan Bush blue| |Amblypodia arvina ardea|Purple Brown tailless Oakblue| |Amblypodia asopia|Plain tailles Oakblue| |Amblypodia comica|Comic Oakblue| |Amblypodia opalima|Opal Oakblue| |Amblypodia zeta|Andaman tailless Oakblue| |Biduanda melisa cyara|Blue posy| |Callophyrs leechii|Hairstreak, Ferruginous| |Catalius rosimon alarbus|Pierrot, common| |Charana cepheis|Mandar in Blue, Cachar| |Chiloria othona|Tit, orchid| |Deudoryx epijarbas amatius|Cornelian, scarce| |Everes moorei|Cupid, Moore’s| |Gerydus biggsii|Bigg’s Brownie| |Gerydus symethus diopeithes|Great Brownie| |Helipohorus hybrida|Sapphires| |Horaga albimacual|Onyxes| |Jamides ferrari|Caeruleans| |Liphyra brassolis|Butterfly, Moth| |Listeria dudgeni|Lister’s hairstreak| |Logania Watsoniana subfasciata|Mottle, Watsen’s| |Lycaenopsis binghami|Hedge Blue| |Lycaenopsis haraldus ananga|Hedge Blue, Felder’s| |Lycaenopsis puspa prominens|Common hedge Blue| |Lycaenopsis quadriplaga dohertyi|Naga hedge Blue| |Nacaduba noriea hampsoni|Lineblue, White-tipped| |Polymmatus oritulus leela|Greenish mountain Blue| |Pratapa lcetas mishmia|Royal, dark Blue| 63 ----- |Simiskina phalena harterti|Brilliant, Broadlanded| |---|---| |Sinthusa Virgo|Spark, Pale| |Spindasis elwesi|Silverline, Elwes’s| |Spindasis rukmini|Silverline, Khaki| |Strymoni mackwoodi|Hairstreak, Mackwood’s| |Tajuria ister|Royal, uncertain| |Tajuria luculentus nela|Royal, Chinese| |Tajuria yajna yajna|Royal, Chestnut and Black| |Thecla ataxus zulla|Wonderful hairstreak| |Thecla bleti mendera|Indian Purple hairstreak| |Thecla letha|Watson’s hairstreak| |Thecla paona|Paona hairstreak| |Thecla pavo|Peacock hairstreak| |Virachola smilis|Guava Blues| |Family Nymphalidae|| |Apatura ulupi ulupi|Emperor, Tawny| |Argynnis hegemone|Silver-washed fritillary| |Callnaga buddha|Freak| |Chraxes durnfordi nicholi|Rajah, chestnut| |Cirrochora fasciate|Yeomen| |Diagora nicevillei|Siren, Scarce| |Dillpa morgina|Emperor, Golden| |Doleschallia bisaltide andamana|Autuman leat| |Eriboea moori sandakanas|Malyan Nawab| |Eriboea schreiberi|Blue Nawab| |Eulaceura manipurensis|Emperor, Tytler’s| |Euthaila durga splendens|Barons/Connis/Duchesses| |Euthalia iva|Duke, Grand| |Euthalia Khama Curvifascia|Duke, Naga| |Euthalia tellehinia|Baron, Blue| |Helcyra hemina|Emperor, White| |Hypolimnas missipus|Eggfly, Danaid| |Limenitis austenia purpurascens|Commodore, Grey| |Limenitis zulema|Admirals| 64 ----- |Melitaea shandura|Fritillaries/Silverstripes| |---|---| |Neptis antilope|Sailer, variegated| |Neptis aspasia|Sailer, Great Hockeystick| |Neptis columella kankena|Sailer, Short-banded| |Neptis cydippe kirbariensis|Sailer, Chinese yellow| |Neptis ebusa|Sailer/ Lascar| |Neptis jumbah binghami|Sailer, chestnut-streaked| |Neptis manasa|Sailer, Pale Hockeystick| |Neptis nycteus|Sailer, Hockeystick| |Neptis poona|Lascar, tytler’s| |Neptis sankara|Sailer, Board-banded| |Panthoporia jina jina|Bhutan sergeant| |Panthorpria reta moorei|Malay staff sergeant| |Prothoc franckii regalis|Begum, Blue| |Sasakia funebris|Empress| |Seophisa chandra|Courtier, Eastern| |Symbrenthia silana|Jester, Scarce| |Vanessa antipoa yedunula|Admirable| |Family Papilionidae|| |Chilasa clytea clytea f. commixtus|Common mime| |Papilio elephenor|Spangle, yellow-crested| |Papilio liomedon|Swallowtail, Malabar Banded| |Parnassius aeco geminifer|Apollo| |Parnassius delphius|Banded apollo| |Parnassius hannyngtoni|Hannyngton’s apollo| |Parnassius imperator augustus|Imperial apollo| |Parnassium stoliezkanus|Ladakh Banded Apollo| |Polydorus coon sambilanga|Common clubtail| |Polydorus cerassipes|Black windmill| |Polydorus hector|Crimson rose| |Polydorus nevilli|Nevill’s windmill| |Polydorus plutonius pembertoni|Chinese windmill| |Polydorus polla|Denicevile’s windmill.| 65 ----- |Family Pleridae|Col2| |---|---| |Aporia harrietae harrietae|Black veins| |Baltia butleri sikkima|White butterfly| |Colias colians thrasibulus|Clouded yellows| |Colias dubi|Dwarf clouded yellow| |Delias samaca|Jexebel, pale| |Pieris krueperi devta|Butterfly cabbage/White II| |Family Satyriidae|| |Coelitis monthis adamsoni|Cat’s eye, Scarce| |Cyllogenes janetae|Evening Brown, Scarce| |Elymnias peali|Palmfly, Peal’s| |Elymnias penanga philasis|Palmfly, Painted| |Erebia annada annada|Argus, ringed| |Erebia nara singha nara singha|Argus, Mottled| |Lethe, distans|Forester, Scarce Red| |Lethe dura gammiee|Lilacfork, Scarce| |Lethe europa tamuna|Bamboo tree brown| |Lethe gemina gafuri|Tayler’s tree brown| |Lethe guluihal guluihal|Forester, Dull| |Lethe margaritae|Tree brown, Bhutan| |Lethe ocellata lyncus|Mystic, dismal| |Lethe ramadeva|Silverstripe, Single| |Lethe satyabati|Forester, pallid| |Mycalesis orseis nautilus|Bushbrown, Purple| |Pararge menava maerodies|Wall dark| |Yathima dohertyi persimisis|Five ring, Great]| [1-A. Coconut or Robber Carb (Bigrus latro)] 1[2. Dragon Fly (Epioplebia laidlawi)] [2][PART IVA Coelenterates 1. Reef Building coral (All Scleractinians). 1. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 2. Part IV A, Part IV B and Part IV C ins. by notification No. S.O. 665(E), dated 11-7-2001. 66 ----- 2. Black coral (All Antipatharians). 3. Organ Pipe Coral (Tubipora musica). 4. Fire Coral (All Millipora Species). 5. Sea Fan (All Gorgonians). 1[PART IVB Mollusca 1. Cassis cornuta 2. Charonia tritonis 3. Conus milneedwardsi 4. Cypraecassis rufa 5. Hippopus hippopus 6. Nautilus pompilicis 7. Tridacna maxima 8. Tridacna squamosa 9. Tudicla spirillus.] PART IV-C Echinodermata Sea Cucumber (All Holothurians).] 1. Part IV B and the entries relating thereto subs. by notification No. S.O. 1197(E), dated 5-12-2001. 67 ----- SCHEDULE II [See sections. 2, 8, 9, [1]***, 11, 40, 41, 43, 48, 51, 61, and 62] 2[***] PART I 3[1. ***] 4[1-A. Assamese macaque (Macaca assamensis)] [2. Bengal Porcupine (Atherurus mecrourus assamensis)] [5][3. ***] [6][3-A. Bonnet macaque (Macaca radiata)] [7][3-B. *** [8][3-C. Cetacean species (other than those listed in Sch. I and Sch.II, Part II)] 9[4. ********] 10[4-A. Common langur (Presbytis entellus)] 11[5. ***] 12[6. ********] 7. Ferret badgers (Melogale moschata, Melogale personata) 13[8. ********] [14][9. ********] [15][10. ******] 11. Himalayan Crestless porcupine (Hystrix hodgsoni) 16[11-A. Himalayan newt or salamander (Tyletotriton verrucosus) 17[12. ****] 18[13. *******] 19[14. ******] 1. The figures “10” omitted by Act 44 of 1991, s. 49 (w.e.f. 2-10-1991). 2. The words “SPECIAL GAME” omitted by s. 49, ibid. (w.e.f. 2-10-1991). 3. Entry 1 transferred to Part II of Schedule I by by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 4. Entry 1A ins. by Notification No. FJ 11012/13/76 FRY(WL), dated 29th August, 1977. 5. Entry 3 transferred to Part I of Schedule I as entry 8E by notification No. 859(E), dated 24-11-1986. 6. Entry 3A ins. by Notification No. FJ 11012/13/76 FRY(WL), dated 29th August, 1977. 7. Entry 8 of Schedule III transferred as entry 3B by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 8. Entry 3C Ins. by notification No. 859(E), dated 24-11-1986. 9. Entry 4 of Part I of Schedule II transferred as entry 3A by notification No. J11012/31/76-FRY(WL) dated 5-10-1977 10. Entry 4A Ins. by Notification No. FJ 11012/13/76 FRY(WL), dated 29th August, 1977 11. Vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3i), p. 431, dated 2nd October, 1980. 12. 13. 14. 15. 16. Entry 6 of Part II of Schedule I as entry 11A by notification No. S.O. 859(E), dated 24-11-1986. 17. 18. 19. 68 ----- 1[15. *******] 16. Pig-tailed macaque (Macaca nemestrina) 2[17. ******] 3[17-A. Rhesus macaque (Macaca mulatta) 4[18. ******] 19. Stump-tailed macaque (Macaca speciosa) 5[20. ********] 21. *** 22. Wild dog or dhole (Cuon alpinus) 6[23. ******] 7[24. Chameleon (Chameleon calcaratus)] 25. Spiny-tailed lizard or sanda (Uromastix hardwickii)] PART II 8[1. Beetles **Family Carabidae** Agonotrechus andrewesi Callistominus belli Amara brucei Chlaenius championi Amara eleganfula Chlaenius kanarae Brachinus atripennis Chlaenius masoni Broscosoma gracile Chlaenius nilgiricus Brosous bipillifer Family Chrysomelidae Broter ovicollis Acrocrypta rotundata Calatlius amaroides Bimala indica Clitea indica Family Erycinidae Gopala pita Abisara kausambi Griva cyanipennis Dodona adonira Nisotra cardoni Dodona dipoea Nisotra madurensis Dodona egeon Nisotra nigripennis Libythea lepita 1. 2. 3. Ins. by Vide notification No. FJ 11012/31/76 FRY(WL), dated 29th August, 1977. 4. 5. 6. 7. 8. 119. Vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3i), p. 431, dated 2nd October, 1980. 69 |Family Carabidae|Col2| |---|---| |Agonotrechus andrewesi|Callistominus belli| |Amara brucei|Chlaenius championi| |Amara eleganfula|Chlaenius kanarae| |Brachinus atripennis|Chlaenius masoni| |Broscosoma gracile|Chlaenius nilgiricus| |Brosous bipillifer|Family Chrysomelidae| |Broter ovicollis|Acrocrypta rotundata| |Calatlius amaroides|Bimala indica| |Clitea indica|Family Erycinidae| |Gopala pita|Abisara kausambi| |Griva cyanipennis|Dodona adonira| |Nisotra cardoni|Dodona dipoea| |Nisotra madurensis|Dodona egeon| |Nisotra nigripennis|Libythea lepita| ----- |Nisotra semicoerulea|Col2| |---|---| |Nisotra striatipennis|Family Hesperiidae| |Nonarthra patkaia|Baoris phidippina| |Psylliodes plana|Bebasa sena| |Psylliodes shira|Halpe homolea| |Sebaethe cervina|| |Sebaethe patkaia|Family Lycaenidae| |Sphaeroderma brevicorne|Ailotinus subviolaceus manychus| ||Amblypodia aberrans| |Family Cucujidae|Amblypodia aenea| |Carinophlocus raffrayi|Amblypodia agaba aurelia| |Cucujus bicolor|Amblypodia agrata| |Cucujus grouvelle|Amblypodia alesia| |Cucujus imperialis|Amblypodia apidanus ahamus| |Heterojinus semilaetaneus|Amblypodia areste areste| |Laemophloeus belli|Amblypodia bazaloides| |Laemophloeus incertus|Amblypodia camdeo| |Pediacus rufipes|Amblypodia ellisi| ||Amblypodia fulla ignara| |Family Inopeplidae|Amblypodia genesa watsoni| |Inopeplus aIbonn Bus|Amblypodia paraganesa zephyreeta| ||Amblypodia paralea| |Family Amathusidae|Amblypodia silhetensis| |Aemona amathusia amathusia|Amblypodia suffusa suffusa| |Amathusia phildippus andamanicus|Amblypodia yendava| |Amathusia amythaonam|Apharitis lilacinus| |Discophora deo deodoides|Araotes lapithis| |Discophora lepida lepida|Artipe eryx| |Discophora timora andamanehsi|Bindahara phocides| |Enispe cycnus|Bothrinia chennellial| |Faurds sumeus assama|Castalius roxus manluena| |Sticopthalma nourmahal|Catapoecilma delicatum| |Thauria aliris amplifascia|Catapoecilma elegans myositina| 70 ----- |Col1|Charana jalindra| |---|---| |Family Danaidae|Cheritrella truncipennis| |Euploea melanaleuca|Chliaria kina| |Euploea midamus rogenhofer|| |Deudoryx hypargyria gaetulia|Pratapa blanka| |Enchrysops onejus|Pratapa deva| |Everes kalaroi|Pratapa icetas| |Helipphorus androcles moorei|Rapala buxaria| |Horage onyx|Rapala chandrana chandrana| |Horage viola|Rapala nasaka| |Hypolycaena nilgirica|Rapala refalgens| |Hypolycaena thecloides nicobarica|Rapala rubida| |Iraota rochana boswelliana|Rapala scintilla| |Jamides alectokandulana|Rapala ophinx ophinx| |Jamides celeodus pura|Rapala varuna| |Jamides kankena|Spindasis elima elima| |Lampides boeticus|Spindasis lohita| |Lilacea albocaerulea|Spindasis nipalicus .| |Lilacea atroguttata|Suasa lisides| |Lilacea lilacea|Surendra todara| |Lilacea melaena|Tajuria albiplaga| |Lilacea minima|Tajuria cippus cippus| |Logania massalia|Tajuria culta| |Lycaenesthes lycaenina|Tajuria diaeus| |Mahathala ameria|Tajuria illurgoodes| |Mahathala atkinsoni|Tajuria illurgis| |Magisba malaya presbyter|Tajuria jangala andamamca| |Nacaduba aluta coelestis|Tajuria melastigma| |Nacaduba ancyra aberrans|Tajuria sebonga| |Nacaduba dubiosa fulva|Tajuria thydia| |Nacaduba helicon|Tajuria yajna istroides| |Nacaduba hermus majoi|Tarucus callinara| |Nacaduba pactolus|Tarucus dharta| 71 ----- |Neucheritra febronia|Thaduka malticaudata malkarnda| |---|---| |Niphanda cymbia|Thecla ataxus ataxus| |Orthomiella pontis|Thecla bitel| |Pithecops fulgens|Thecla icana| |Polyminatus devanica devanica|Thecla jakamensis| |Polymmatus metallica metallica|Thecla kabrea - ..| |Polymmatus orbitulus jaloka|Thecla khasia| |Polymmatus yeonghusbandi|Thecla kirbariensis| |Poritia erycinoides elsiei|Thecla suroia| |Poritia hewitsoni|Thecla syla assamica| |Poritia plusrata geta|Thecla vittata| |Pratapa bhotes|| |Thecla zoa|Euthalia merta eriphyle| |Thecla usta|Euthalia nara nara| |Una usta|Euthalia patala taocana| |Yasoda tripunctata|Euthalia teuta| ||Herona marathus andamana| |Family Nymphalidae|Hypolimnas missipus| |Adolias cyanipardus|Hypolimnas polynice birmana| |Adolias dirtea|Kallima albofasciata| |Adolias khasiana|KaIIima alompra| |Apatura chevana|Kallima philarchus horsfieldii| |Apatura parvata|Limenitis austenia austenia| |Apatura sordida|Limenitis damava| |Apatura ulupi florenciae|Limenitis dudu| |Argyrmis adippe pallida|Melitaea robertsi lutko| |Argynnis altissima|Neptis anjana nashona| |Argynnis clara clara|Neptis aurelia| |Argynnis pales horla|Neptis magadh khasiana| |Atella Iscippe|Neptis nandina hamsoni| |Calinaga buddha brahaman|Neptis narayana| |Charaxes aristogiton|Neptis radha radha| |Charaxes fabius sulphureus|Neptis soma| 72 ----- |Charaxes nabruba|Neptis zaida| |---|---| |Cliaraxes marmax|Neurosigma doublodayi doubledayi| |Charaxes polyxena herman|Pantoporia asura asura| |Chersonesia rahria arahrioides|Pantoporia kanwa phorkys| |Cyrestis cocles|Pantoporia larymna siamensis| |Diagora persimilis|Pantoporia pravara a cutipennis| |Doleschallia bisaltide malabarica|Pantoporia ranga| |Eriboea athames andamanicus|Parthenos sylvia| |Eriboea delphis|Penthema lisarda| |Eriboea dolon|Symbrenthia niphanda| |Eriboea harcoea lissainei|Vanesa egea agnicula| |Euripus consimilis|Vanesa lalbum| |Euripus halitherses|Vanesa polychloros fervida| |Euthalia anosia|Vanesa prarsoides dohertyi| |Euthalia cocytus|Vanesa urticoe rizama| |Euthalia duda|| |Euthalia durga durga|Family Papilionidae| |Futhalia evalina landabilis|Bhutanitis liderdalii| |Euthalia franciae|Chilasa epycides epycides| |Euthalia garuda acontius|Chilasa paradoxa telearchus| |Euthalia lepidea|| |Chilasa slateri slateri|Family Satyridae| |Graphium aristeus anticrates|Aulocera brahminus| |Graphium arycies arycles|Cyllogenes suradeva| |Graphium Graphium macronius|Elymnias melilas milamba| |Graphium evemon aibociliates|Elymnias vasudeva| |Graphium gyas gyas|Erebia annada suroia| |Graphium megarus megaras|Erebia hygriva| |Papilio bootes|Erebia kalinda kalinda| |Papilio buddba|Erebia manii manii| |Papilio fuscus andamanicus|Erebia seanda opima| |Papilio machaon verityi|Erites falcipennis| |Papilio mayo|Hipparchis heydenreichi shandura| 73 ----- |Parnassius charltonius charltonius|Lethe atkinsoni| |---|---| |Parnassius epaphus hillensis|Lethe baladeva| |Parnassius jacquemonti jacquemonti|Lethe brisanda| |Polydorus latreillei kabrua|Lethe goalpara goalpara| |Polydorus plutonius tytleri|Lethe insana insana| |Teinopalpus imperialis imperialis|Lethe jalaurida| ||Lethe kaubra| |Family Pieridae|Lethe Iatiaris latiaris| |Aporia nabellica|Lethe moelleri moelleri| |Appias albina darada|Lethe naga naga| |Appias indra shiva|Lethe nicetella| |Appias lyncida latifasciata|Lethe pulaha| |Appias wardi|Lethe scanda| |Baltia butleri butleri|Lethe serbonis| |Cepora nadian remba|Lethe siderca| |Cepora nerissa dapha|Lethe sinorix| |Colias eocandica hinducucica|Lethe tristigmata| |Colias eogene|Lethe violaceudicta kanjupkula| |Colias ladakensis|Lethe visrava| |Colias stoliczkana miranda|Lethe yama| |Delias lativitta|Maniola davendra davendra| |Dercas lycorias|Melanitis zitanius| |Euchloe charlonia Iucilla|Mycalesis adamsoni| |Eurema andersoni ormistoni|Mycalesis anaxias| |Metaporia agathon|Mycalesis botama chamka| |Pieris deota|Mycalesis heri| |Pontia chloridice alipina|Mycalesis lepcha bethami| |Saletara panda Chrysaea|Mycalesia maisarida| |Valeria avatar avatar|| |Mycalesis misenus|Pararge macrula maefula| |Mycalesis mestra|Ragadia crislda crito| 74 ----- |Mycalesis mystes|Rhapicera sitricus kabrua| |---|---| |Mycalesis suavolens|Ypthima bolanica| |Neorina hilda|Ypthima lycus lycus| |Neorina patria westwoodii|Ypthima mathora mathora| |Oeneis buddha gurhwalica|Ypthima similis affectata| |Parantirrhoea marshali|Zipotis saitis]| 1[1- A. Civets (all species of Viverridae except Malabar civet)] 2[1-B. Common fox (Vulpesibeugalensis)] 3[1-C. Flying squirrels (all species of the genera Bulopetes, Petaurista, Pelomys and Eupetaurus)] [4][1-D. Giant squirrels (Ratufa indica, and R. bicolor)] [5][2. ******] [6][2-A. Himalayan black bear (Selenarctos thibetanus)] [7][2-B. Jackal (Canis aureus)] [8][2-C. Jungle cat (Felis chaus)] [9][2-D. Marmots (Marmota bobak himalayana, M. caudata)] [10][2-E. Martens (Martes foria intermedia, Martes flovigule, Martes gwatkinsii)] [11][(3.*****] 4. Otters (Luthroa, L. perspicillate) [12][4-A. Pole cats (Vormela peregusna, Mustila potutius) [13][4-B. Red fox (Vulpes vulpes, vulpes Montana, vulpes griffithi, vulpes pusilla)] 14*** 15[5A. Sperm whale (Physeter marcrocephalus).] 16[6. ***] [17][7. Weasels (Mustela Sibirica, Mustela Kathian, Mustela Altaica)] [18][8. Checkered keelback (Xenochrophis piscator) 1. Entry 1 from Schedule IV as entry 1A by notification No. 859(E), dated 24-11-1986. 2. Entry 1A from Schedule IV as entry 1B by notification No. 859(E), dated 24-11-1986. 3. Entry 8C Part I of Schedule I as entry IC by notification No. 859(E), dated 24-11-1986. 4. Entry 1A renumbered as entry 1D by notification No. S. O. 859 (E) dated 24-11-1986. 5. Entry 2 transferred to Part I of Schedule I as entry 3A by notification No. 859(E), dated 24-11-1986. 6. Vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3i), p. 431, dated 2nd October, 1980. 7. Entry 4B from Schedule IV transferred as entry 2B by notification No. S. O. 859 (E) dated 24-11-1986. 8. Entry 4D from Schedule IV transferred as entry 2C by notification No. S. O. 859 (E) dated 24-11-1986. 9. Entry 5 from Schedule IV transferred as entry 2D by notification No. S. O. 859 (E) dated 24-11-1986. 10. Entry 6 from Schedule IV transferred as entry 2E by notification No. S. O. 859 (E) dated 24-11-1986. 11. Entry 3 transferred to Part 1 of Schedule II as entry 25A by notification No. S. O. 859 (E) dated 24-11-1986. 12. Entry 7A from Schedule IV transferred as entry 4A by notification No. S. O. 859 (E) dated 24-11-1986. 13. Entry 8 and 8A from Schedule IV as entry 4B transferred by notification No. S. O. 859 (E) dated 24-11-1986. 14. Entry 5 omitted by Notification No. S.O. 3653(E), dated 6-12-2013. 15. Ins. by notification No. S. O. 859 (E) dated 24-11-1986. 16. 17. Entry 10 from Schedule IV transferred as entry 7 by notification No. S. O. 859 (E) dated 24-11-1986. 18. Ins. by notification No. S. O. 859 (E) dated 24-11-1986. 75 ----- 9. Dhaman or rat snak (Plyas muscosus) 10. Dog-faced water snake (Carbrus rhynchops) 11. Indian cobras (all sub-species belonging to genus Naja) 12. King cobra (Ophiophagus hannah) 13. Oliveceous keel back (Artaetium schistosum) 14. Russel’s viper (Vipera ruselli) 15. Varanus species (excluding yellow monitor lizard)] [1][16. Mongooses (All species of genus Herpestes): 17. Grey jungle fowl (Gallus sonnerati)] 1. Ins. by Notification No. S. O. 1085 (E) dated 30-9-2002. 76 ----- SCHEDULE III [See secs. 2, 8, [1]*** 9, 11, and 61] 2*** 3 [1.***] 2. Barking deer or muntjac (Muntiacus muntjak) 4[3. Bharal (Ovis nahura)] 5[4. ***] 5. Chital (Axix axis) 6[6. ***] 7. Gorals (Nemorheadus goral, Nemorhaedus hodgsoni) 7[8. ***] 8[9. ***] 9[10. ***] [10]*** 12. Hyanena (Hyaena hyaena) 11[13. ***] 14. Nilgai (Boselaphus tragocamelus) 12[15. ***] 16. Sambar (Cervus unicolor) 13[17. ***] 14[18. ***] 19. Wild pig (Sus scrofa) [15][20. Sponges (All Calcareans).] 1. The figures “10” omitted by 44 of 1991, s. 50 (w.e.f. 2-10-1991). 2. The words “BIG GAME” omitted by s. 50, ibid. (w.e.f. 2-10-1991). 3. Entry 1 from Schedule III transferred as entry 1 of Part I of Schedule I by notification No. J11012/31/76-FRY(WL) dated 5 10-1977. 4. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 5. Entry 4 of Schedule III transferred as entry 5B of Part I of Schedule I by notification No. J11012/31/76-FRY(WL) dated 5-10 1977. 6. Entry 6 of Schedule III transferred as entry 8A of Part I of Schedule I by notification No. J11012/31/76-FRY(WL) dated 5-10 1977. 7. Entry 8 of Schedule III transferred as entry 3B of Part I of Schedule II by notification No. J11012/31/76-FRY(WL) dated 5-10 1977. See entry 2A of Part II of Schedule II Vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3i), p. 431, dated 2nd October, 1980. 8. Vide Notification NO. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October,1980. 9. Entry 10 of Schedule III transferred as entry 10A of Part I of Schedule I by notification No. J11012/31/76-FRY(WL) dated 5 10-1977. 10. Entry 11 omitted by Notification No. S.O. 3653(E), dated 6-12-2013. 11. Entry 13 by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 12. Entry 15 by notification No. J11012/31/76-FRY(WL) dated 5-10-1977. 13. 14. 15. Entry 20 ins. by notification No. S.O. 665(E), dated 11-7-2001 77 ----- SCHEDULE IV [See secs. 2, 8, 9, 11 and 61] 1*** 2[1. ***] 3[1-A. ***] 4[2. ***] 5[3. ***] 6[3-A Five-striped palm squirrel (Fouambulus pennanti)] 4. Hares (Black Naped, Common Indian, Desert, Himalayan mouse hare) 7[4-A. Hedge hog (Hemiechinus auritus)] 8[4-B. ***] [4-C. ***] 9[4-D. ***] [5[4-E. Indian porcupine (Hystrix indica)]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f5) 10[5. ***] 11[6. ***] 12*** 7[6-B. ***] [7[7. ***]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f7) 13[7-A. ***] [7[7-B ***]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f7) 14[8. ***] 12[8-A. ***] 15[9. ***] [5[9-A. ***]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f5) 16[10. ***] 1. The word “SMALL GAME” omitted by Act 44 of 1991, s. 51 (w.e.f. 2-10-1991). 2. Transferred to Part II of Schedule II as entry 1A by notification No. S.O. 859(E), dated 24-11-1986. 3. Transferred to Part II of Schedule II as entry 1B by notification No. S.O. 859(E), dated 24-11-1986. 4. Transferred to Part I of Schedule I as entry 6C by notification No. S.O. 859(E), dated 24-11-1986. 5. Transferred to Part I of Schedule I as entry 7A by notification No. S.O. 859(E), dated 24-11-1986. 6. Entry 3A vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, published in the Gazette of India, Extra., Pt. II, Section 3i), p. 431, dated 2nd October, 1980. 7. Entry 4A by notification No. J11012/31/76-FRY(WL) dated 29-08-1977. 8. Transferred to Part II of Schedule II as entry 2B by notification No. S.O. 859(E), dated 24-11-1986. 9. Transferred to Part II of Schedule II as entry 2C by notification No. S.O. 859(E), dated 24-11-1986. 10. Transferred to Part II of Schedule II as entry 2D by notification No. S.O. 859(E), dated 24-11-1986. 11. Transferred to Part II of Schedule II as entry 2E by notification No. S.O. 859(E), dated 24-11-1986. 12. Entry 6A omitted by Notification No. S. O. 1085 (E) dated 30-9-2002. 13. Transferred to Part II of Schedule II as entry 4A by notification No. S.O. 859(E), dated 24-11-1986. 14. Transferred to Part II of Schedule II as entry 4B by Notification No. 859 (E), dated 24-11-1986. 15. Transferred to Part I of Schedule I as entry 36B by Notification No. 859 (E), dated 24-11-1986. 16. Transferred to Part II of Schedule II as entry 37 by Notification No. 859 (E), dated 24-11-1986. 78 ----- [8[11. Birds 1[(other than those which appear in other Schedules)]]:](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f8) 1. Avadavat (Estrildinae) 2. Avocet (Recurvirostridae) 3. Babblers (Timaliinae) 4. Barbets (Capitonidae) 5. Barnowls (Tytonknae) 6. Bitterns (ardecdae) 7. Brown-headed gull (Larus brunnicephalus) 8. Bulbuls (Pycnonotidae) 9. Buntings (Emberizidae) 10. Bustorda (Otididae) 11. Bustard-Qualis (Turnicidae) 12. Chloropsis (Irendae) 13. Comb duck (Sarkidornis melanotes) 14. Coots (Rallidae) 15. Cormorants (Phalacrocoracidie) 16. Cranes (Gruidae) 17. Cuckoos (Cuculidae) 17-A Curlevs (Seoalopacinae) 18. Darters (Phalacrocoracidae) 19. Doves including the Emerald Dove (Columbidae) 20. Drongos (Dicruridae) 21. Duck (Anatidae) 22. Egrets (Ardeidae) 23. Fairy Blue Bird (Irenidae) 24. Falcons (Falconidae), excepting the Shaheen and Peregrine falcons (Falco peregrinus), the shaker or churrug, shankghar and lagger falcons (F.biarmicus), and the refheaded merlin (F.chicquera) 25. Finches including the chaffinch (Fringillidae) 26. Falmingos (Phoenicopteridae) 27. Flowerpeckers (Dicaedae) 28. Flcatchers (Muscicapidae) 29. Geese (Anatidae) 30. Goldfinch and allies (Carduelinae) 31. Grebes (Pooicipididae) 32. Gerons (Ardeidae) 33. Ibises (Thereskironithidae) 1. Ins. by notification No. S. O. 859 (E), dated 24-11-1986. 79 ----- 34. Iorars (Irenidae) 35. Jays (Corvidae) 36. Jacanas (Jacanidae) 36-A. Junglefowl (Phasianidae) 37. Kingfishers (Alcedinidae) 38. Larks (Alaudidae) 39. Lorikeets (Psittacidae) 40. Magpies including the Hunting agpie (Corvidae) 41. Mannikins (Estrildinae) 42. Megapodes (Megapodidae) 43. Minivets (Campephagidae) 44. Munias (Estrildinae) 45. Mynas (Sturnidae) 46. Nightjara (Caprimalgidae) 47. Orioles (Oriolidae) 48. Owls (Strigidae) 49. Oysteractchers (Haematopodidae) 50. Parakeets (Psittacidae) 51. Partridges (Phasianidae) 52. Pelicans (Pelecandae) 53. Pheasants (Phasianidae) 54. Pigeons (Columbidage)except the Blue Rock Pigon (Columbia livia) 55. Pipts (Motoacillidae) 55-A. Pittas (Pittidae) 56. Plovers (Charadriniae) 1[57. Quails (Phasinidae)-except Coturnix japonica (Japanese Quails) of farm bred variety] 58. Rails (Rallidae) 59. Rollers or Blue Jays (Coraciidae) 60. Sandgrouses (Pteroclididae) 61. Sandpipes (Scolopacinae) 62. Snipes (Scolopacinae) 63. Spurfowls (Phasianidae) 64. Starlings (Sturnidae) 65. Stone Curlew (Burhinidae) 66. Storks (Ciconiidae) 67. Stilts (Recurvirostridae) 1. Subs. by Notification No. S.O. 3653(E), dated 6-12-2013, for item 57. 80 ----- 68. Sunbirds (Nectariniidae) 69. Swans (Anatidae) 70. Teals (Anatidae) 71. Thurushes (Turadinae) 72. Tits (Pardae) 73. Tree pies (Corvidae) 74. Trongons (trogonidae) 75. Vultures (Accipitridae) 76. Waxbills (Extrildinae) 77. Weaver Birds or Bayas (Ploceidae) 78. White-eyes (Zosteropidesa) 79. Woodpeckers (Picidae) 80. Wrens (Troglodytidae) [9[12. Snakes](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f9) 1[other than those species listed in Sch.I,Pt.II; and Sch.II, Pt.II]: (i) Amblycaphalidae (ii) Amilidae (iii) Boidae (iv) Colubridae (v) Dasypeptidae (Egg-eating snakes) (vi) Elapidae (Cobras, Kraits, and Coral Snakes) (vii) Glauconndae (viii) Hydrophidae (Fresh water and sea snakes) (ix) Tlysiidae (x) Leptotyphlopidae (xi) Typhlopidae (xii) Urepedltidae (xiii) Viperidae (xiv) Xenopeltidae] 1[13. Fresh Water Frogs (Rana spp.)] [1[14. Three-keeled Turtle (Geoemydas tricarinata)]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f1) [1[15. Tortoise (Testudinidae, Tryonychidae)]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f1) 2[15A. Tokay gecko (Gekko gecko).] [1[16. Vivipaous tods (Nectophyrynodes sp.)]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f1) [1[17. Volvs]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f1) [11[18. Butterflies and Moths]](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=24068&iActID=823#f11) 1. Ins. by notification No. S.O. 859 (E), dated 24-11-1986. 2. Ins. by Notification No. S.O. 3653(E), dated 6-12-2013. 81 ----- **Family Danaidae** Euploca core simulatrix Euploca crassa Euploca dioclctianus ramsayi Euploca muleiber **Family Hesperlidae** Boaris farri Harora vitta Hyarotis adrastus Oriens concinna Pelopidas assasmensis Pelopidas sinensis Polytrema discreta Polytrema rubricans Thoressa horiorei **Family Lycaenidae** Tarucus ananda **Family Nymphalidae** Euthalia lubentina **Family Peeridae** Aporia agethon ariaca Appias libythea Appiad nero galba Prioneris sita 1[19. Mollusca (i) Cypraea lamacina (ii) Cypraea mappa (iii) Cypraea talpa (iv) Fasciolaria trapezium (v) Harpulina arausiaca (vi) Lambis chiragra (vii) Lambis chiragra arthritica (viii) Lambis crocea (ix) Lambis millepeda (x) Lambis scorpius (xi) Lambis truncate (xii) Placenta placenta 1. Added by notification No. S.O. 1197(E), dated 5-12-2001. 82 ----- (xiii) Strombus plicatus sibbaldi (xiv) Trochus niloticus (xv) Turbo marmoratus.] 1[(20) Horeshoe Crabs (Tachypleaus gigas and Carcinoscopius rotundicauda).] 1. Ins. by notification No. S.O. 2293 (E), dated 4-9-2009. 83 ----- **SCHEDULE V** [See section 2, 8, 61, and 62] 1. Common crow [1][2. ***] 3. Fruit bats 1[4. ***] 5. Mice 6. Rats 2[7. ***] 1. Vide Notification No. FJ 11012/31/76 FRY(WL), dated 5th October, 1977, published in the Gazette of India, Extra., Pt. II, Section 3(i), p.385, dated 5th October, 1977. 2. Vide Notification No. F1-28/78 FRY(WL), dated 9th September, 1980, Published in the Gazette of India, Extra., Pt. II, Section 3(i), p. 431, dated 2nd October, 1980. 84 ----- [1][SCHEDULE VI [See section 2] 1. Beddomes’ cycad (Cycas beddomei) 2. Blue Vanda (Vanda soerulec) 3. Kuth (Saussurea lappa) 4. Ladies slipper orchids (Paphiopedilum spp.) 5. Pitcher plant (Nepenthes khasiana) 6. Red Vanda (Rananthera imschootiana)] 1. Ins. by Act 44 of 1991, s. 52 (w.e.f. 2-10-1991). 85 -----

22-Nov-1995

43

The Waqf Act, 1995

https://www.indiacode.nic.in/bitstream/123456789/19319/1/a1995-43.pdf

Andaman and Nicobar Islands

# THE WAQF ACT, 1995 ________ # ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. [Short title, extent and commencement.](http://www.tnwakfboard.org/1995.43.htm#s1) 2. [Application of the Act.](http://www.tnwakfboard.org/1995.43.htm#s2) 3. [Definitions.](http://www.tnwakfboard.org/1995.43.htm#s3) CHAPTER II SURVEY OF AUQAF 4. [Preliminary survey of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s4) 5. [Publication of list of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s5) 6. [Disputes regarding auqaf.](http://www.tnwakfboard.org/1995.43.htm#s6) 7. [Power of Tribunal to determine disputes regarding auqaf.](http://www.tnwakfboard.org/1995.43.htm#s7) 8. State Government to bear cost of survey. CHAPTER III CENTRAL WAQF COUNCIL 9. [Establishment and constitution of Central Waqf Council.](http://www.tnwakfboard.org/1995.43.htm#s9) 10. [Finance of Council.](http://www.tnwakfboard.org/1995.43.htm#s10) 11. [Accounts and audit.](http://www.tnwakfboard.org/1995.43.htm#s11) 12. [Power of Central Government to make rules.](http://www.tnwakfboard.org/1995.43.htm#s12) CHAPTER IV ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 13. [Incorporation.](http://www.tnwakfboard.org/1995.43.htm#s13) 14. [Composition of Board.](http://www.tnwakfboard.org/1995.43.htm#s14) 15. [Term of office.](http://www.tnwakfboard.org/1995.43.htm#s15) 16. [Disqualification for being appointed, or for continuing as, a member of the Board.](http://www.tnwakfboard.org/1995.43.htm#s16) 17. [Meetings of the Board.](http://www.tnwakfboard.org/1995.43.htm#s17) 18. [Committees of the Board.](http://www.tnwakfboard.org/1995.43.htm#s18) 19. [Resignation of Chairperson and members.](http://www.tnwakfboard.org/1995.43.htm#s19) 20. [Removal of Chairperson and member.](http://www.tnwakfboard.org/1995.43.htm#s20) 20A. Removal of Chairperson by vote of no confidence. 21. [Filling of a vacancy.](http://www.tnwakfboard.org/1995.43.htm#s21) 22. [Vacancies, etc., not to invalidate proceedings of the Board.](http://www.tnwakfboard.org/1995.43.htm#s22) 23. [Appointment of Chief Executive Officer and his term of office and other conditions of service.](http://www.tnwakfboard.org/1995.43.htm#s23) 24. [Officers and other employees of the Board.](http://www.tnwakfboard.org/1995.43.htm#s24) 25. [Duties and powers of Chief Executive Officer.](http://www.tnwakfboard.org/1995.43.htm#s25) 26. [Powers of Chief Executive Officer in respect of orders or resolutions of Board.](http://www.tnwakfboard.org/1995.43.htm#s26) 27. [Delegation of powers by the Board.](http://www.tnwakfboard.org/1995.43.htm#s27) 28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board. 29. [Powers of Chief Executive Officer to inspect records, registers, etc.](http://www.tnwakfboard.org/1995.43.htm#s29) ----- SECTIONS 30. [Inspection of records.](http://www.tnwakfboard.org/1995.43.htm#s30) 31. [Prevention of disqualification for membership of Parliament.](http://www.tnwakfboard.org/1995.43.htm#s31) 32. [Powers and functions of the Board.](http://www.tnwakfboard.org/1995.43.htm#s32) 33. [Powers of inspection by Chief Executive Officer or persons authorised by him.](http://www.tnwakfboard.org/1995.43.htm#s33) 34. [Recovery of the amount determined under section 33.](http://www.tnwakfboard.org/1995.43.htm#s34) 35. [Conditional attachment by Tribunal.](http://www.tnwakfboard.org/1995.43.htm#s35) CHAPTER V REGISTRATION OF AUQAF 36. [Registration.](http://www.tnwakfboard.org/1995.43.htm#s36) 37. [Register of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s37) 38. [Powers of Board to appoint Executive Officer.](http://www.tnwakfboard.org/1995.43.htm#s38) 39. [Powers of Board in relation to auqaf which have ceased to exist.](http://www.tnwakfboard.org/1995.43.htm#s39) 40. [Decision if a property is waqf property.](http://www.tnwakfboard.org/1995.43.htm#s40) 41. [Power to cause registration of waqf and to amend register.](http://www.tnwakfboard.org/1995.43.htm#s41) 42. [Change in the management of auqaf to be notified.](http://www.tnwakfboard.org/1995.43.htm#s42) 43. [Auqaf registered before the commencement of this Act deemed to be registered.](http://www.tnwakfboard.org/1995.43.htm#s43) CHAPTER VI MAINTENANCE OF ACCOUNTS OF AUQAF 44. [Budget.](http://www.tnwakfboard.org/1995.43.htm#s44) 45. [Preparation of budget of auqaf under direct management of the Board.](http://www.tnwakfboard.org/1995.43.htm#s45) 46. [Submission of Accounts of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s46) 47. [Audit of accounts of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s47) 48. [Board to pass orders on auditor’s report.](http://www.tnwakfboard.org/1995.43.htm#s48) 49. [Sums certified to be due recoverable as arrears of land revenue.](http://www.tnwakfboard.org/1995.43.htm#s49) 50. [Duties of mutawalli.](http://www.tnwakfboard.org/1995.43.htm#s50) 51. [Alienation of waqf property without sanction of Board to be void.](http://www.tnwakfboard.org/1995.43.htm#s51) 52. [Recovery of waqf property transferred in contravention of section 51.](http://www.tnwakfboard.org/1995.43.htm#s52) 52A. Penalty for alienation of waqf property without sanction of Board. 53. [Restriction on purchase of property on behalf of waqf.](http://www.tnwakfboard.org/1995.43.htm#s53) 54. [Removal of encroachment from waqf property.](http://www.tnwakfboard.org/1995.43.htm#s54) 55. [Enforcement of orders made under section 54.](http://www.tnwakfboard.org/1995.43.htm#s55) 55A. Disposal of property left on waqf property by unauthorised occupants. 56. [Restriction on power to grant lease of waqf property.](http://www.tnwakfboard.org/1995.43.htm#s56) 57. [Mutawalli entitled to pay certain costs from income of waqf property.](http://www.tnwakfboard.org/1995.43.htm#s57) 58. [Power of Board to pay dues in case of default by mutawalli.](http://www.tnwakfboard.org/1995.43.htm#s58) 59. [Creation of reserve fund.](http://www.tnwakfboard.org/1995.43.htm#s59) 60. [Extension of time.](http://www.tnwakfboard.org/1995.43.htm#s60) 61. [Penalties.](http://www.tnwakfboard.org/1995.43.htm#s61) 62. [Mutawalli not to spend any money belonging to waqf for self defence.](http://www.tnwakfboard.org/1995.43.htm#s62) 63. [Power to appoint mutawallis in certain cases.](http://www.tnwakfboard.org/1995.43.htm#s63) 64. [Removal of mutawalli.](http://www.tnwakfboard.org/1995.43.htm#s64) 65. [Assumption of direct management of certain auqaf by the Board.](http://www.tnwakfboard.org/1995.43.htm#s65) 66. [Powers of appointment and removal of mutawalli when to be exercised by the State Government.](http://www.tnwakfboard.org/1995.43.htm#s66) 67. [Supervision and supersession of committee of management.](http://www.tnwakfboard.org/1995.43.htm#s67) 68. [Duty of mutawalli or committee to deliver possession of records, etc.](http://www.tnwakfboard.org/1995.43.htm#s68) 69. [Power of Board to frame scheme for administration of waqf.](http://www.tnwakfboard.org/1995.43.htm#s69) 70. [Inquiry relating to administration of waqf.](http://www.tnwakfboard.org/1995.43.htm#s70) 71. [Manner of holding inquiry.](http://www.tnwakfboard.org/1995.43.htm#s71) ----- CHAPTER VII FINANCE OF THE BOARD SECTIONS 72. [Annual contribution payable to Board.](http://www.tnwakfboard.org/1995.43.htm#s72) 73. [Power of Chief Executive Officer to direct banks or other person to make payments.](http://www.tnwakfboard.org/1995.43.htm#s73) 74. [Deduction of contribution from perpetual annuity payable to the waqf.](http://www.tnwakfboard.org/1995.43.htm#s74) 75. [Power of board to borrow.](http://www.tnwakfboard.org/1995.43.htm#s75) 76. [Mutawalli not to lend or borrow moneys without sanction.](http://www.tnwakfboard.org/1995.43.htm#s76) 77. [Waqf Fund.](http://www.tnwakfboard.org/1995.43.htm#s77) 78. [Budget of Board.](http://www.tnwakfboard.org/1995.43.htm#s78) 79. [Accounts of Board.](http://www.tnwakfboard.org/1995.43.htm#s79) 80. [Audit of accounts of Board.](http://www.tnwakfboard.org/1995.43.htm#s80) 81. [State Government to pass orders on auditor’s report.](http://www.tnwakfboard.org/1995.43.htm#s81) 82. [Dues of Board to be recovered as arrears of land revenue.](http://www.tnwakfboard.org/1995.43.htm#s82) CHAPTER VIII JUDICIAL PROCEEDINGS 83. Constitution of Tribunals, etc. 84. [Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.](http://www.tnwakfboard.org/1995.43.htm#s84) 85. [Bar of jurisdiction of civil courts.](http://www.tnwakfboard.org/1995.43.htm#s85) 86. [Appointment of a receiver in certain cases.](http://www.tnwakfboard.org/1995.43.htm#s86) 87. [Omitted.] 88. [Bar to challenge of validity of any notification, etc.](http://www.tnwakfboard.org/1995.43.htm#s88) 89. [Notice of suits by parties against Board.](http://www.tnwakfboard.org/1995.43.htm#s89) 90. [Notice of suits, etc., by courts.](http://www.tnwakfboard.org/1995.43.htm#s90) 91. [Proceedings under the Act 1 of 1894.](http://www.tnwakfboard.org/1995.43.htm#s91) 92. [Board to be party to suit or proceeding.](http://www.tnwakfboard.org/1995.43.htm#s92) 93. [Bar to compromise of suits by or against mutawalli.](http://www.tnwakfboard.org/1995.43.htm#s93) 94. [Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.](http://www.tnwakfboard.org/1995.43.htm#s94) 95. [Power of appellate authority to entertain appeal after expiry of specified period.](http://www.tnwakfboard.org/1995.43.htm#s95) CHAPTER IX MISCELLANEOUS 96. [Power of Central Government to regulate secular activities of auqaf.](http://www.tnwakfboard.org/1995.43.htm#s96) 97. [Directions by State Government.](http://www.tnwakfboard.org/1995.43.htm#s97) 98. [Annual report by State Government.](http://www.tnwakfboard.org/1995.43.htm#s98) 99. [Power to supersede Board.](http://www.tnwakfboard.org/1995.43.htm#s99) 100. [Protection of action taken in good faith.](http://www.tnwakfboard.org/1995.43.htm#s100) 101. [Survey Commissioner, members and officers of the Board, deemed to be public servants.](http://www.tnwakfboard.org/1995.43.htm#s101) 102. [Special provision for reorganisation of certain Boards.](http://www.tnwakfboard.org/1995.43.htm#s102) 103. [Special provision for establishment of Board for part of a State.](http://www.tnwakfboard.org/1995.43.htm#s103) 104. [Application of Act to properties given or donated by persons not professing Islam for support of](http://www.tnwakfboard.org/1995.43.htm#s104) [certain waqf.](http://www.tnwakfboard.org/1995.43.htm#s104) 104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. 104B. Restoration of waqf properties in occupation of Government agencies to waqf Board. 105. [Power of Board and Chief Executive Officer to require copies of documents, etc., to be](http://www.tnwakfboard.org/1995.43.htm#s105) [furnished.](http://www.tnwakfboard.org/1995.43.htm#s105) 106. [Powers of Central Government to constitute common Boards.](http://www.tnwakfboard.org/1995.43.htm#s106) 107. [Act 36 of 1963 not to apply for recovery of waqf properties.](http://www.tnwakfboard.org/1995.43.htm#s107) 108. [Special provision as to evacuee waqf properties.](http://www.tnwakfboard.org/1995.43.htm#s108) 108A. Act to have overriding effect. ----- SECTIONS 109. [Power to make rules.](http://www.tnwakfboard.org/1995.43.htm#s109) 110. [Powers to make regulations by the Board.](http://www.tnwakfboard.org/1995.43.htm#s110) 111. [Laying of rules and regulations before State Legislature.](http://www.tnwakfboard.org/1995.43.htm#s111) 112. [Repeal and savings.](http://www.tnwakfboard.org/1995.43.htm#s112) 113. [Power to remove difficulties.](http://www.tnwakfboard.org/1995.43.htm#s113) ----- # THE [2][WAQF] ACT, 1995 ACT NO. 43 OF 1995 [22nd _November, 1995.]_ # An Act to provide for the better administration of [1][Auqaf] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the [2][Waqf] Act, 1995.** (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date[3] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or area therein, be construed as reference to the commencement of that provision in such State or area. **2. Application of the Act.—Save as otherwise expressly provided under this Act, this Act shall apply** to all [1][auqaf] whether created before or after the commencement of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “beneficiary” means a person or object for whose benefit a [2][waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law: (b) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) “Board” means a Board of [2][Waqf] established under sub-section (1), or as the case may be, [under sub-section (2) of section 13 and shall include a common](http://www.tnwakfboard.org/1995.43.htm#s13) [2][Waqf] Board established [under section 106;](http://www.tnwakfboard.org/1995.43.htm#s106) [(d) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (1)](http://www.tnwakfboard.org/1995.43.htm#s23) [of section 23;](http://www.tnwakfboard.org/1995.43.htm#s23) [(e) “Council” means the Central [2][Waqf] Council established under section 9;](http://www.tnwakfboard.org/1995.43.htm#s9) 4[(ee) “encroacher” means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;] [(f) “Executive Officer” means the Executive Officer appointed by the Board under sub-section (1)](http://www.tnwakfboard.org/1995.43.htm#s38) [of section 38;](http://www.tnwakfboard.org/1995.43.htm#s38) 5[(g) “list of auqaf” means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;] (h) “member” means a member of the Board and includes the Chairperson; 1. Subs. by Act 27 of 2013, s. 2, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 3, ibid., for “wakf” (w.e.f. 1-11-2013). 3. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Ins. by s. 5, ibid. (w.e.f. 1-11-2013). 5. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013). ----- (i) “mutawalli” means any person appointed, either verbally or under any deed or instrument by which a [1][waqf] has been created, or by a competent authority, to be the mutawalli of a [1][waqf] and includes any person who is a mutawalli of a [1][waqf] by virtue of any custom or who is a naib-mutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being, managing or administering any [1][waqf] or [1][waqf] property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office-bearer of such committee or corporation: 2[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government;] (j) “net annual income”, in relation to a [1][waqf], means net annual income determined in [accordance with the provisions of the Explanations to sub-section (1) of section 72;](http://www.tnwakfboard.org/1995.43.htm#s72_Ex1) (k) “person interested in a [1][waqf]” means any person who is entitled to receive any pecuniary or other benefits from the [1][waqf] and includes— (i) any person who has a right to [3][offer prayer] or to perform any religious rite in a mosque, idgah, imambara,dargah, [4][khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the [1][waqf] or to participate in any religious or charitable institution under the [1][waqf]; (ii) the [5][waqif] and any descendant of the [5][waqif] and the mutawalli; (l) “prescribed”, except in Chapter III, means prescribed by rules made by the State Governments; (m) “regulations” means the regulations made by the Board under this Act; (n) “Shia [1][waqf]” means a [1][waqf] governed by Shia Law; (o) “Sunni [1][waqf]” means a [1][waqf] governed by Sunni Law; (p) “Survey Commissioner” means the Survey Commissioner of [1][Waqf] appointed under [sub-section (1) of section 4 and includes any Additional or Assistant Survey Commissioners of](http://www.tnwakfboard.org/1995.43.htm#s4) [6[Auqaf] under sub-section (2) of section 4;](http://www.tnwakfboard.org/1995.43.htm#s4) [(q) “Tribunal”, in relation to any area, means the Tribunal constituted under sub-section (1) of](http://www.tnwakfboard.org/1995.43.htm#s83) [section 83, having jurisdiction in relation to that area;](http://www.tnwakfboard.org/1995.43.htm#s83) 7[(r) “waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes— (i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 5, ibid., for “worship” (w.e.f. 1-11-2013). 4. Subs. by s. 5, ibid., for “khangah” (w.e.f. 1-11-2013). 5. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013). 6. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 7. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013). ----- (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and “waqif” means any person making such dedication;] (s) “[1][waqf] deed” means any deed or instrument by which a [1][waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied; [(t) “[1][Waqf] Fund” means a [1][waqf] fund formed under sub-section (1) of section 77.](http://www.tnwakfboard.org/1995.43.htm#s77) CHAPTER II SURVEY OF [2][AUQAF] **4. Preliminary survey of** [2][auqaf].—(1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of [2][Auqaf] and as many Additional or Assistant Survey Commissioners of [2][Auqaf] as may be necessary for the purpose of making a survey of [3][auqaf in the State]. 4[(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013: Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement.] (2) All Additional and Assistant Survey Commissioner of [2][Auqaf] shall perform their functions under this Act under the general supervision and control of the Survey Commissioner of [2][Auqaf]. (3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of [2][auqaf] existing at the date of the commencement of this Act in the State or any part thereof, to the State Government containing the following particulars, namely:— (a) the number of [2][auqaf] in the State showing the Shia [2][auqaf] and Sunni [2][auqaf] separately; (b) the nature and objects of each [1][waqf]; (c) the gross income of the property comprised in each [1][waqf]; (d) the amount of land revenue, cesses, rates and taxes payable in respect of each [1][waqf]; (e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each [1][waqf]; and (f) such other particulars relating to each [1][waqf] as may be prescribed. (4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any court or office; (d) issuing commissions for the examination of any witness or accounts; (e) making any local inspection or local investigation; (f) such other matters as may be prescribed. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “ wakfs” (w.e.f. 1-11-2013). 3. Subs. by s. 6, ibid., for “wakfs existing in the State at the date of the commencement of this Act” (w.e.f. 1-11-2013). 4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013). ----- (5) If, during any such inquiry, any dispute arises as to whether a particular [1][waqf] is a Shia 1[waqf] or Sunni 1[waqf] and there are clear indications in the deed of 1[waqf] as to its nature, the dispute shall be decided on the basis of such deed. (6) The State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second or subsequent survey of [1][waqf] properties in the State and the provisions of sub-sections (2), (3), (4) and (5) shall apply to such survey as they apply to a survey directed under sub-section (1): Provided that no such second or subsequent survey shall be made until the expiry of a period of 2[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3): 3[Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.] **5. Publication of list of** **[[4][auqaf].—(1) On receipt of a report under sub-section (3) of section 4, the](http://www.tnwakfboard.org/1995.43.htm#s4_3)** State Government shall forward a copy of the same to the Board. (2) The Board shall examine the report forwarded to it under sub-section (1) and [5][fordward it back to the Government within a period of six months for publication in the Official Gazette] a list of Sunni 4[auqaf] or Shia 4[auqaf] in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed. 6[(3) The revenue authorities shall— (i) include the list of auqaf referred to in sub-section (2), while updating the land records; and (ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation in the land records. (4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time.] **6. Disputes regarding [4][auqaf].—(1) If any question arises whether a particular property specified as** 1[waqf] property in the list of 4[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such list is a Shia [1][waqf] or Sunni [1][waqf], the Board or the mutawalli of the [1][waqf] or [7][any person aggrieved] may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of [4][auqaf]: 8[Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.] 9* - - - (2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any [1][waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 6, ibid., for “twenty years” (w.e.f. 1-11-2013). 3. Ins. by s. 6, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 5. Subs. by s. 7, ibid., for “publish in the Official Gazette” (w.e.f. 1-11-2013). 6. Ins. by s. 7, ibid. (w.e.f. 1-11-2013). 7. Subs. by s. 8, ibid., for “any person interested therein” (w.e.f. 1-11-2013). 8. Ins. by s. 8, ibid. (w.e.f. 1-11-2013). 9. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013). ----- (3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of [1][auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1). **7. Power of Tribunal to determine disputes regarding** **[1][auqaf].—(1) If, after the commencement** of this Act, [2][any question or dispute] arises, whether a particular property specified as [3][waqf] property in a list of [1][auqaf] is [3][waqf] property or not, or whether a [3][waqf] specified in such list is a Shia [3][waqf] or a Sunni [3][waqf], the Board or the mutawalli of the [3][waqf], [4][or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that— (a) in the case of the list of [1][auqaf] relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of [1][auqaf]; and (b) in the case of the list of [1][auqaf] relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any [3][waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of [1][auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any [suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the](http://www.tnwakfboard.org/1995.43.htm#s6) commencement of the Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 5[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.] **6[8. State Government to bear cost of survey.—The total cost of making a survey including the cost** of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.] 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 9, ibid., for “any question” (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 4. Subs. by s. 9, ibid., for “or any person interested” (w.e.f. 1-11-2013). 5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013). 6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013). ----- CHAPTER III CENTRAL [1][WAQF] COUNCIL **9. Establishment and constitution of Central** **[1][Waqf] Council.—[2][(1) The Central Government** may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf. (1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).] (2) The Council shall consist of— (a) the Union Minister in-charge of [1][waqf]—ex officio Chairperson; (b) the following members to be appointed by the Central Government from amongst Muslims, namely:— (i) three persons to represent Muslim organisations having all India character and national importance; 3[(ii) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;] (iii) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States; (iv) Chairpersons of three Boards by rotation; (v) two persons who have been Judges of the Supreme Court or a High Court; (vi) one Advocate of national eminence; (vii) one person to represent the mutawallis of the [1][waqf] having a gross annual income of rupees five lakhs and above; (viii) three persons who are eminent scholars in Muslim Law: 4[Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall be women.] (3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be, prescribed by rules made by the Central Government. 4[(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the Council and it may _suo motu call for_ information on specific issues from the Board, if it is satisfied that there was _prima facie evidence of_ irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government. (5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.] 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013). 3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013). 4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013). ----- **10. Finance of Council.—(1) Every Board shall pay from its** [1][Waqf] Fund annually to the Council such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the [2[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:](http://www.tnwakfboard.org/1995.43.htm#s72) Provided that where the Board, in the case of any particular [1][waqf] has remitted under [sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that](http://www.tnwakfboard.org/1995.43.htm#s72_2) section, then for calculating the contribution payable to the Council under this section the net annual income of the [1][waqf] in respect of which such remission has been granted shall not be taken into account. (2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central [1][Waqf] Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central 1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. **11. Accounts and audit.—(1) The Council shall cause to be maintained such books of account and** other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government. (3) The costs of the audit shall be paid from the Central [1][Waqf] Fund. **12. Power of Central Government to make rules.—(1) The Central Government may,** [by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.](http://www.tnwakfboard.org/cenrule.htm) (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council; (b) control over and application of the Central [1][Waqf] Fund; (c) the form and manner in which accounts of the Council may be maintained. (3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. CHAPTER IV ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS **13. Incorporation.—(1) With effect from such date as the State Government may, by notification in** the Official Gazette, appoint in this behalf, there shall be established a Board of [2][Auqaf] under such name as may be specified in the notification: 3[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).] 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Ins. by s. 12, ibid. (w.e.f. 1-11-2013). ----- (2) Notwithstanding anything contained in sub-section (1), if the Shia [1][auqaf] in any State constitute in number more than fifteen per cent. of all the [1][auqaf] in the State or if the income of the properties of the Shia [1][auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all the [1][auqaf] in the State, the State Government may, by notification in the Official Gazette, establish a Board of [1][Auqaf] each for Sunni [1][auqaf] and for Shia [1][auqaf] under such names as may be specified in the notification. 2[(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim.] (3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued. **14. Composition of Board.—(1) The Board for a State and [3][the National Capital Territory of Delhi]** shall consist of— (a) a Chairperson; (b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of— (i) Muslim Members of Parliament from the State or, as the case may be, [3][the National Capital Territory of Delhi]; (ii) Muslim Members of the State Legislature; 4[(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and] (iv) mutawallis of the [1][auqaf] having an annual income of rupees one lakh and above. 5[Explanation I.—For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category. _Explanation II.—For the removal of doubts it is hereby declared that in case a Muslim_ member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;] 6[(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government; (d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology; (e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;] 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 13, ibid., for “the Union territory of Delhi” (w.e.f. 1-11-2013). 4. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013). 5. Ins. by s. 13, ibid. (w.e.f. 1-11-2013). 6. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013). ----- 1[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board: Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1): Provided further that at least two Members appointed on the Board shall be women: Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Board.] (2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may [be prescribed:](http://www.tnwakfboard.org/tnrule1.htm) Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board: Provided further that where there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college. (3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such persons as the members of the Board as it deems fit. (4) The number of elected members of the Board shall, at all times, be more than the nominated members of the Board except as provided under sub-section (3). 2* - - - (6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia [3][auqaf] and Sunni [3][auqaf] to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination. 2* - - - (8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board. (9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette. **15. Term of office.—The members of the Board shall hold office for a term of five years [4][from the** date of notification referred to in sub-section (9) of section 14]. **16. Disqualification for being appointed, or for continuing as, a member of the Board.—A** person shall be disqualified for being appointed, or for continuing as, a member of the Board if— (a) he is not a Muslim and is less than twenty-one years of age; (b) he is found to be a person of unsound mind; (c) he is an undischarged insolvent; (d) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; 1. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913). 2. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 4. Ins. by s. 14, ibid. (w.e.f. 1-11-2013). ----- 1[(da) he has been held guilty of encroachment on any waqf property;] (e) he has been on a previous occasion— (i) removed from his office as a member or as a mutawalli, or (ii) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption.] **17. Meetings of the Board.—(1) The Board shall meet for the transaction of business at such time** and places as may be provided by regulations. (2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board. (3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote. **18. Committees of the Board.—(1) The Board may, whenever it considers necessary, establish** either generally or for a particular purpose or for any specified area or areas committees for the supervision of [2][auqaf]. (2) The Constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board: Provided that it shall not be necessary for the members of such committees to be members of the Board. **19. Resignation of Chairperson and members.—The Chairperson or any other member may resign** his office by writing under his hand addressed to the State Government: Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette. **20. Removal of Chairperson and member.—(1) The State Government may, by notification in the** Official Gazette, remove the Chairperson of the Board or any member thereof if he— [(a) is or becomes subject to any disqualifications specified in section 16; or](http://www.tnwakfboard.org/1995.43.htm#s16) (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 2[auqaf]; or (c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse. (2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the Board. 3[20A. Removal of Chairperson by vote of no confidence.—Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:— (a) no resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior permission of the State Government; (b) notice for no confidence shall be addressed to the State Government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the total members of the Board; 1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Ins. by s. 16, ibid. (w.e.f. 1-11-2013). ----- (c) at least three members of the Board signing the notice of no confidence shall personally present to the State Government, the notice together with an affidavit signed by them to the effect that the signatures on no confidence motion are genuine and have been made by the signatories after hearing or reading the contents of the notice; (d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shall fix such time, date and place as may be considered suitable for holding a meeting for the purpose of the proposed no confidence motion: Provided that at least fifteen days notice shall be given for such a meeting; (e) notice for meeting under clause (d) shall also provide that in the event of no confidence motion being duly carried on or, election of the new Chairperson, as the case may be, shall also be held in the same meeting; (f) the State Government shall also nominate a Gazetted Officer (other than an officer of the department which is concerned with the supervision and administration of the Board) to act as presiding officer of the meeting in which the resolution for no confidence shall be considered; (g) the quorum for such a meeting of the Board shall be one-half of the total number of members of the Board; (h) the resolution for no confidence shall be deemed to be carried out, if passed by a simple majority of the members present; (i) if a resolution for no confidence is carried out, the Chairperson shall cease to hold office forthwith and shall be succeeded by his successor who shall be elected by another resolution in the same meeting; (j) election of the new Chairperson shall be conducted under clause (i), in the meeting under the chairmanship of the said presiding officer referred to in clause (f), in the following manner, namely:— (A) Chairperson shall be elected from amongst the elected members of the Board; (B) nomination of candidates shall be proposed and seconded in the meeting itself and election after withdrawal, if any, shall be held by method of secret ballot; (C) election shall be held by simple majority of the members present in the meeting and in case of equality of votes, the matter shall be decided by drawing of lots; and (D) proceedings of the meeting shall be signed by the presiding officer; (k) new Chairperson elected under clause (h) shall hold the office only up to the remainder of the term of the Chairperson removed by the resolution of no confidence; and (l) if the motion for passing the resolution of no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for considering the motion of no confidence shall be held within six months of the date of the previous meeting.] **21. Filling of a vacancy.—When the seat of a member becomes vacant by his removal, resignation,** death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred. **22. Vacancies, etc., not to invalidate proceedings of the Board.—No act or proceeding of the** Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof. **23. Appointment of Chief Executive Officer and his term of office and other conditions of** **service.—[1][(1)There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and** shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board and who shall not be below the rank of Deputy Secretary to the State 1. Subs. by Act 27 of 2013, s. 17, for sub-section (1) (w.e.f. 1-11-2013). ----- Government, and in case of non-availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation.] (2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed. (3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board. **24. Officers and other employees of the Board.—(1) The Board shall have the assistance of such** number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government. (2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations. **25. Duties and powers of Chief Executive Officer.—(1) Subject to the provisions of this Act and of** the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include— (a) investigating the nature and extent of [1][auqaf] and [2][waqf] properties and calling whenever necessary, an inventory of [2][waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis; (b) inspecting or causing inspection of [2][waqf] properties and accounts, records, deeds or documents relating thereto; (c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of [1][auqaf]. (2) In exercising the powers of giving directions under sub-section (1) in respect of any [2][waqf], the Board shall act in conformity with the directions by the [2][waqf] in the deed of the [2][waqf], the purpose of 2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law to which the [2][waqf] belongs. (3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this Act. **26. Powers of Chief Executive officer in respect of orders or resolutions of Board.—Where the** Chief Executive Officer considers that an order or resolution passed by the Board— (a) has not been passed in accordance with the law; or (b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or (c) if implemented, is likely to— (i) cause financial loss to the Board or to the concerned [2][waqf] or to the [1][auqaf] generally; or (ii) lead to a riot or breach of peace; or (iii) cause danger to human life, health or safety; or (d) is not beneficial to the Board or to any [2][waqf] or to [1][auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final. 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). ----- **1[27. Delegation of powers by the Board.—The Board may, by a general or special order in writing,** delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.] **2[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate** **to implement the directions of the Board.—Subject to the provisions of this Act and the rules made** thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.] **29. Powers of Chief Executive Officer to inspect records, registers, etc.—[3][(1)]** The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, [4][subject to such conditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a [5][waqf], or movable or immovable properties which are 5[waqf] properties or are claimed to be 5[waqf] properties. [6][(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing. (3) Subject to such conditions as may be prescribed, an agency of the Government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a written request to this effect from him: Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain approval of the Board.] **30. Inspection of records.—(1) The Board may allow inspection of its proceedings or other records** in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed. (2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872). (3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board. **31. Prevention of disqualification for membership of Parliament.—It is hereby declared that the** offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament [7][or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature]. **32. Powers and functions of the Board.—(1) Subject to any rules that may be made under this Act,** the general superintendence of all [8][auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the [8][auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such [8][auqaf] were created or intended: 1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013). 2. Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013). 3. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013). 5. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 6. Ins. by s. 20, ibid. (w.e.f. 1-11-2013). 7. Ins. by s. 21, ibid. (w.e.f. 1-11-2013). 8. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). ----- Provided that in exercising its powers under this Act in respect of any [1][waqf], the Board shall act in conformity with the directions of the [2][waqif], the purposes of the [1][waqf] and any usage or custom of the 1[waqf] sanctioned by the school of Muslim law to which the 1[waqf] belongs. _Explanation.—For the removal of doubts, it is hereby declared that in this sub-section, “[1][waqf]”_ includes a [1][waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act. (2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be— (a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every [1][waqf]; (b) to ensure that the income and other property of [3][auqaf] are applied to the objects and for the purposes for which such [3][auqaf] were intended or created; (c) to give directions for the administration of [3][auqaf]; (d) to settle schemes of management for a [1][waqf]: Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard; (e) to direct— (i) the utilisation of the surplus income of a [1][waqf] consistent with the objects of [1][waqf]; (ii) in what manner the income of a [1][waqf], the objects of which are not evident from any written instrument, shall be utilised; (iii) in any case where any object of [1][waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the [1][waqf] as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community: Provided that no direction shall be given under this clause without giving the parties affected, an opportunity of being heard. _Explanation.—For the purposes of this clause, the powers of the Board shall be exercised—_ (i) in the case of a Sunni [1][waqf], by the Sunni members of the Board only; and (ii) in the case of a Shia [1][waqf], by the Shia members of the Board only: Provided that where having regard to the number of the Sunni or Shia members in the board and other circumstances, it appears to the Board that the power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause; (f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of [3][auqaf]; (g) to appoint and remove mutawallis in accordance with the provisions of this Act; (h) to take measures for the recovery of lost properties of any [1][waqf]; (i) to institute and defend suits and proceedings relating to [3][auqaf]; 4[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder: Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction: 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 4. Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013). ----- Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.] (k) to administer the [1][Waqf] Fund; (l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the [1][waqf] property as the Board may, from time to time, require; (m) to inspect, or cause inspection of, [1][waqf] properties, accounts, records or deeds and documents relating thereto; (n) to investigate and determine the nature and extent of [1][waqf] and [1][waqf] property, and to cause, whenever necessary, a survey of such [1][waqf] property; [2][(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;] (o) generally do all such acts as may be necessary for the control, maintenance and administration of [3][auqaf]. (3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the [1][waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final. (4) Where the Board is satisfied that any [1][waqf] land, which is a [1][waqf] property, [4][has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned [1][waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. (5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, [5]*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from [1][waqf] funds or from the finances which may be raised on the security of the properties of the [1][waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property: Provided that the Board shall compensate annually the mutawalli of the concerned [1][waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board. (6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 1[waqf]. **33. Powers of inspection by Chief Executive Officer or persons authorised by him.—(1) With a** view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the performance of his executive or administrative duties, any loss or damage has been caused to any [1][waqf] or [1][waqf] property, the Chief Executive Officer [6][or any other person authorised by him in writing] with the prior approval of the Board, [7]***, may inspect all movable and immovable properties, which are 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Ins. by s. 22, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 4. Subs. by s. 22, ibid., for “offers a feasible potential for development as a shopping centre” (w.e.f. 1-11-2013). 5. The words “with the prior approval of the Government,” omitted by s. 22, ibid. (w.e.f. 1-11-2013). 6. Ins. by s. 23, ibid. (w.e.f. 1-11-2013). 7. The words “either himself or any other person authorised by him in writing in this behalf” omitted by s. 23, _ibid._ (w.e.f. 1-11-2013). ----- 1[waqf] properties, and all records, correspondences, plans, accounts and other documents relating thereto. (2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the [1][waqf], shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the [1][waqf] as may be called for by the person making the inspection and furnish to him such information relating to the [1][waqf] as may be required by him. (3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had mis-appropriated, misapplied or fraudulently retained, any money or other [1][waqf] property, or had incurred irregular, unauthorised or improper expenditure from the funds of the [1][waqf], the Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property which has been mis-appropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the [1][waqf], within such time as may be specified in the order. (4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order, appeal to the Tribunal: Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits with the Chief Executive Officer the amount which has been determined under sub-section (3) as being payable by the appellant and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the order made by the Chief Executive Officer under sub-section (3). (5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case. (6) The order made by the Tribunal under sub-section (5) shall be final. **34. Recovery of the amount determined under section 33.—Where any mutawalli or other person** who has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in which the property of such mutawalli or other person is situate, stating therein the amount that has been determined by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receipt thereof, credit the amount to the funds of the concerned [1][waqf]. **35. Conditional attachment by Tribunal.—(1) Where the Chief Executive Officer is satisfied that** the mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) of section 33 to make any payment, with intent to defeat or delay the execution of the said order,— (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Chief Executive Officer, he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). ----- (2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof. (3) The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security. (4) The Tribunal may also in the order direct the conditional attachment of the whole or any portion of the property so specified. (5) Every attachment made under this section shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provision of the said Code. CHAPTER V REGISTRATION OF [1][AUQAF] **36. Registration.—(1) Every [2][waqf], whether created before or after the commencement of this Act,** shall be registered at the office of the Board. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be [3][made by the waqf] or his descendants or a beneficiary of the 2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs. (3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain the following particulars:— (a) a description of the [2][waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the [2][waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the [2][waqf] properties; (e) the amount set apart under the [2][waqf] for— (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) any other purposes; (f) any other particulars provided by the Board by regulations. (4) Every such application shall be accompanied by a copy of the [2][waqf] deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the [2][waqf]. (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 24, ibid., for “made by the wakf” (w.e.f. 1-11-2013). ----- (7) On receipt of an application for registration, the Board may, before the registration of the [1][waqf] make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the [1][waqf] property, the Board shall, before registering the [1][waqf], give notice of the application to the person administering the [1][waqf] property and shall hear him if he desires to be heard. (8) In the case of [2][auqaf] created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of [2][auqaf] created after such commencement, within three months from the date of the creation of the [1][waqf]: Provided that where there is no Board at the time of creation of a [1][waqf], such application will be made within three months from the date of establishment of the Board. **37. Register of [2][auqaf].—** [3][(1)] The Board shall maintain a register of [2][auqaf] which shall contain in respect of each [1][waqf] copies of the [1][waqf] deeds, when available and the following particulars, namely:— (a) the class of the [1][waqf]; (b) the name of the mutawallis; (c) the rule of succession to the office of mutawalli under the [1][waqf] deed or by custom or by usage; (d) particulars of all [1][waqf] properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be provided by regulations. 4[(2) The Board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. (3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according to established procedure, either make necessary entries in the land record or communicate, within a period of six months from the date of registration of waqf property under section 36, its objections to the Board.] **38. Powers of Board to appoint Executive Officer.—(1) Notwithstanding anything contained in this** Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the [1][waqf], appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any 1[waqf] having a gross annual income of not less than five lakh rupees: Provided that the person chosen for appointment should be a person professing Islam. (2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge such duties as pertain only to the administration of the property of the [1][waqf] for which he has been appointed and shall exercise those powers and discharge those duties under the direction, control and supervision of the Board: Provided that the Executive Officer who is appointed for a [1][waqf] having a gross annual income of not less than five lakh rupees shall ensure that the budget of the [1][waqf] is submitted, the accounts of the 1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as the Board may specify. (3) While exercising his powers and discharging his functions under sub-section (2), the Executive Officer shall not interfere with any religious duties or any usage or custom of the [1][waqf] sanctioned by the Muslim law. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013). 4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013). ----- (4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and in fixing the quantum of such salary the Board shall have due regard to the income of the [1][waqf], the extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such salaries and allowances are not disproportionate to the income of the [1][waqf] and do not operate as an unnecessary financial burden on it. (5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from the [1][Waqf] Fund and, if the [1][waqf] generates any additional income as a result of appointment of the Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances from the fund of the [1][waqf] concerned. (6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a member of his staff from his post. (7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal or dismissal made under sub-section (6) may, within thirty days from the date of communication of the order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such representation as the Board may make in the matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. **39. Powers of Board in relation to [2][auqaf] which have ceased to exist.—(1) The Board shall, if it** is satisfied that the objects or any part thereof, of a [1][waqf] have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such [1][waqf]. (2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order,— (a) specifying the property and funds of such [1][waqf]; (b) directing that any property or funds pertaining to such [1][waqf] which have been recovered shall be applied or utilised for the renovation of any [1][waqf] property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be [appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of](http://www.tnwakfboard.org/1995.43.htm#s32_2eiii) [section 32.](http://www.tnwakfboard.org/1995.43.htm#s32_2eiii) (3) The Board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the recovery of possession of such building or other place. (4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building or other place— (a) is [1][waqf] property; (b) has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the State Government under any law for the time being in force relating to land reforms; and (c) is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such building or other place, make an order— (i) directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and (ii) directing that such property, building or place be used for religious purpose or instruction [as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of](http://www.tnwakfboard.org/1995.43.htm#s32_2eiii) [clause (e) of sub-section (2) of section 32.](http://www.tnwakfboard.org/1995.43.htm#s32_2eiii) 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). ----- **40. Decision if a property is** [1][waqf] property.—(1) The Board may itself collect information regarding any property which it has reason to believe to be [1][waqf] property and if any question arises whether a particular property is [1][waqf] property or not or whether a [1][waqf] is a Sunni [1][waqf] or a Shia [1][waqf], it may, after making such inquiry as it may deem fit, decide the question. (2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal, be final. (3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is [1][waqf] property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is [1][waqf] property, call upon the trust or society, as the case may be, either to register such property under this Act as [1][waqf] property or show cause why such property should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered. (4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal. **41. Power to cause registration of** [1][waqf] and to amend register.—The Board may direct a mutawalli to apply for the registration of a [1][waqf], or to supply any information regarding a [1][waqf] or may itself cause the [1][waqf] to be registered or may at any time amend the register of [2][auqaf]. **42. Change in the management of** [2][auqaf] to be notified.—(1) In the case of any change in the management of a registered [1][waqf] due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. (2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change to the Board. **43.** [2][Auqaf] registered before the commencement of this Act deemed to be registered.— Notwithstanding anything contained in this Chapter, where any [1][waqf] has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the [1][waqf] under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act. CHAPTER VI MAINTENANCE OF ACCOUNTS OF [2][AUQAF] **44. Budget.—(1) Every mutawalli of a [1][waqf] shall, in every year prepare, in such form and at such** time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year. (2) Every such budget shall be submitted by the mutawalli at least [3][thirty days] before the beginning of the financial year to the Board and shall make adequate provision for the following:— (i) for carrying out the objects of the [1][waqf]; (ii) for the maintenance and preservation of the [1][waqf] property; (iii) for the discharge of all liabilities and subsisting commitments binding on the [1][waqf] under this Act or any other law for the time being in force. 4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit.] 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Subs. by s. 26, ibid., for “ninety days” (w.e.f. 1-11-2013). 4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013). ----- (4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit to the Board a supplementary or a revised budget and the provisions of sub-section (3) shall, as far as may be, apply to such supplementary or revised budget. **45. Preparation of budget of** [1][auqaf] under direct management of the Board.—(1) The Chief Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the [1][auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval. (2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare statement giving details of the increase, if any, in the income of each [2][waqf] under the direct management of the Board and the steps which have been taken for its better management and the results accruing therefrom during the year. (3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper management of every [2][waqf] under the direct management of the Board. (4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with the requirements of section 46 and, for this purpose, references therein to the mutawalli of the [3][waqf] shall be construed as references to the Chief Executive Officer. (5) The audit of accounts of every [2][waqf] under the direct management of the Board shall be undertaken by the State Examiner of Local funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the [2][waqf]. (6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. (7) Where any [2][waqf] is under the direct management of the Board, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the [2][waqf] to the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual income of the [2][waqf] under the direct management of the Board as administrative charges. **46. Submission of Accounts of [1][auqaf].—(1) Every mutawalli shall keep regular accounts.** (2) Before the [3][1st day of July] next, following the date on which the application referred to [in section 36 has been made and thereafter before the [3][1st day of July] in every year, every mutawalli of](http://www.tnwakfboard.org/1995.43.htm#s36) a [2][waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form and containing such particulars as may be provided by regulations by the Board, of all moneys received or expended by the mutawalli on behalf of the [2][waqf] during the period of twelve months ending on the 31st day of March, or, as the case may be, during that portion of the said period during which the provisions of this Act, have been applicable to the [2][waqf]: Provided that the date on which the annual accounts are to be closed may be varied at the discretion of the Board. **47. Audit of accounts of** [1][auqaf].—(1) The accounts of [1][auqaf] submitted to the Board under section 46 shall be audited and examined in the following manner, namely:— (a) in the case of a [2][waqf] having no income or a net annual income not exceeding 4[fifty thousand rupees], the submission of a statement of accounts shall be a sufficient compliance with the provisions of section 46 and the accounts of two per cent. of such [1][auqaf] shall be audited annually by an auditor appointed by the Board; (b) the accounts of the [2][waqf] having net annual income exceeding [4][fifty thousand rupees] shall be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 27, ibid., for “1st day of May” (w.e.f. 1-11-2013). 4. Subs. by s. 28, ibid., for “ten thousand rupees” (w.e.f. 1-11-2013). ----- Board from out of the panel of auditors prepared by the State Government and while drawing up such panel of auditors, the State Government shall specify the scale of remuneration of auditors; (c) the State Government may, [1][under intimation to the Board,] at any time cause the account of any [2][waqf] audited by the State Examiner of Local Funds or by any other officer designated for that purpose by that State Government. (2) The auditor shall submit his report to the Board and the report of the auditor shall among other things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person. (3) The cost of the audit of the accounts of a [2][waqf] shall be met from the funds of that [2][waqf]: Provided that the remuneration of the auditors appointed from out of the panel drawn by the State Government in relation to [3][auqaf] having a net annual income of [4][more than fifty thousand rupees] shall be paid in accordance with the scale of remuneration specified by the State Government under clause (c) of sub-section (1): Provided further that where the audit of the accounts of any [2][waqf] is made by the State Examiner of Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit shall not exceed one and a half per cent. of the net annual income of such [2][waqf] and such costs shall be met from the funds of the [3][auqaf] concerned. **48. Board to pass orders on auditor’s report.—(1) The Board shall examine the auditor’s report,** and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under sub-section (2) of section 47. (2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case. (3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amount certified by the auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and the Tribunal shall not have any power to stay the operation of the order made by the Board under sub-section (1). (4) The order made by the Tribunal under sub-section (2) shall be final. (5) Every amount for the recovery of which any order has been made under sub-section (1) or sub-section (2) shall, where such amount remains unpaid, be recoverable in the manner specified [in section 34 or section 35 as if the said order were an order for the recovery of any amount determined](http://www.tnwakfboard.org/1995.43.htm#s34) [under sub-section (3) of section 35.](http://www.tnwakfboard.org/1995.43.htm#s38_3) **49. Sums certified to be due recoverable as arrears of land revenue.—(1) Every sum certified to** [be due from any person by an auditor in his report under section 47 unless such certificate is modified or](http://www.tnwakfboard.org/1995.43.htm#s47) cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand notice for the same issued by the Board. (2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the same as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 4. Subs. by s. 28, ibid., for “more than ten thousand rupees but less than fifteen thousand rupees” (w.e.f. 1-11-2013). ----- **50. Duties of mutawalli.—It shall be the duty of every mutawalli—** (a) to carry out the directions of the Board in accordance with the provisions of this Act or of any rule or order made thereunder; (b) to furnish such returns and supply such information or particulars as may from time to time be required by the Board in accordance with the provisions of this Act or of any rule or order made thereunder; (c) to allow inspection of [1][waqf] properties, accounts or records or deeds and documents relating thereto; (d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this Act. **51. Alienation of** **[1][waqf] property without sanction of Board to be void.—[2][(1) Notwithstanding** anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013). (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board: Provided further that nothing contained in this sub-section shall affect any acquisition of waqf properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating to acquisition of land if such acquisition is made in consultation with the Board: Provided also that— (a) the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991 (42 of 1991); (b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; (c) no alternative land is available which shall be considered as more or less suitable for that purpose; and (d) to safeguard adequately the interest and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property.] [3]* - - - **52. Recovery of [1][waqf] property transferred in contravention of section 51.—(1) If the Board is** satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a [1][waqf] entered as such in the register of [[1][waqf] maintained under section 36, has been transferred](http://www.tnwakfboard.org/1995.43.htm#s36) [without the previous sanction of the Board in contravention of the provisions of section 51](http://www.tnwakfboard.org/1995.43.htm#s51) [4][or section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 1-11-2013). 3. Sub-sections (2), (3), (4) and (5) omitted by s. 29, ibid. (w.e.f. 1-11-2013). 4. Ins. by s. 30, ibid. (w.e.f. 1-11-2013). ----- (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served— (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board. (6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations. **1[52A. Penalty for alienation of waqf property without sanction of Board.—(1) Whoever** alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years: Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation therefor. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under this section shall be cognizable and non-bailable. (3) No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorised by the State Government in this behalf. (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this section.] **53. Restriction on purchase of property on behalf of [2][waqf].—Notwithstanding anything** contained in a [2][waqf] deed, no immovable property shall be purchased for or on behalf of any [2][waqf] from the funds of any [2][waqf] except with prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the 2[waqf] and that the price proposed to be paid therefor is adequate and reasonable: Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the [2][waqf], make such orders as it may think fit. 1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). ----- **54. Removal of encroachment from [1][waqf] property.—(1) Whenever the Chief Executive Officer** considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is [1][waqf] property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli. (2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed. (3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is [1][waqf] property and that there has been an encroachment on any such [1][waqf] property, [2][he may, make an application to the Tribunal for grant of order of eviction for removing] such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the [1][waqf]. 3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property.] **55. Enforcement of orders made under section 54.—Where the person, ordered under** 4[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time aforesaid, the Chief Executive Officer may 5[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction the land, building, space or other property, is situate for evicting the encroacher, and, thereupon, such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other property and may, for this purpose, take such police assistance as may be necessary. **6[55A. Disposal of property left on waqf property by unauthorised occupants.—(1) Where any** person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days’ notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 32, ibid., for “he may, by an order, require the encroacher to remove” (w.e.f. 1-11-2013). 3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013). 4. Subs. by s. 33, ibid., for “sub-section (3)” (w.e.f. 1-11-2013). 5. Subs. by s. 33, ibid., for “apply to the Sub-Divisional Magistrate” (w.e.f. 1-11-2013). 6. Ins. by s. 34, ibid. (w.e.f. 1-11-2013). ----- Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal and the decision of the Tribunal thereon shall be final.] **56. Restriction on power to grant lease of** **[1][waqf] property.—(1)** [2][A lease for any period exceeding thirty years] of any immovable property which is 1[waqf] property, shall, notwithstanding anything contained in the deed or instrument of [1][waqf] or in any other law for the time being in force, be void and of no effect: 3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.] (2) [4][A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease [5]*** or renewal thereof under this section review the terms and conditions on which the lease [5]*** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct: 3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.] 3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **57. Mutawalli entitled to pay certain costs from income of** **[1][waqf] property.—Notwithstanding** anything contained in the [1][waqf] deed, every mutawalli may pay from the income of the [1][waqf] property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, [documents or copies under section 36 or any accounts under section 46 or any information or documents](http://www.tnwakfboard.org/1995.43.htm#s36) required by the Board or for the purpose of enabling him to carry out the directions of the Board. **58. Power of Board to pay dues in case of default by mutawalli.—(1) Where a mutawalli refuses** to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the [1][Waqf] Fund and may recover the amount so paid from the [1][waqf] property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by, s. 35, ibid., for “A lease or sub-lease for any period exceeding three years” (w.e.f. 1-11-2013). 3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 35, _ibid.,_ for “A lease or sub-lease for any period exceeding one year and not exceeding three years” (w.e.f. 1-11-2013). 5. The words “or sub-lease” omitted by s. 35, ibid. (w.e.f. 1-11-2013). ----- (2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue. **59. Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of** revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the [1][waqf] property and for the preservation of the [1][waqf] property, the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a [1][waqf]. **60. Extension of time.—The Board may, if its is satisfied that it is necessary so to do, extend the** time within which any act is required to be done by the mutawalli under this Act. **61. Penalties.—(1) If a mutawalli fails to—** (a) apply for the registration of a [2][auqaf]; (b) furnish statements of particulars or accounts or returns as required under this Act; (c) supply information or particulars as required by the Board; (d) allow inspection of [1][waqf] properties, accounts, records or deeds and documents relating thereto; (e) deliver possession of any [1][waqf] property, if ordered by the Board or Tribunal; (f) carry out the directions of the Board; (g) discharge any public dues; or (h) do any other act which he is lawfully required to do by or under this Act; he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with fine which may extend to [3][ten thousand rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of clauses (e) to (h), he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees]. (2) Notwithstanding anything contained in sub-section (1), if— (a) a mutawalli omits or fails, with a view to concealing the existing of a [1][waqf], to apply for its registration under this Act,— (i) in the case of a [1][waqf] created before the commencement of this Act, within the period [specified therefor in sub-section (8) of section 36;](http://www.tnwakfboard.org/1995.43.htm#s36_8) (ii) in the case of any [1][waqf] created after such commencement, within three months from the date of the creation of the [1][waqf]; or (b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees. (3) No court, shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the board in this behalf. (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fine imposed under sub-section (1), when realised, shall be credited to the [1][Waqf] Fund. (6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Subs. by s. 36, ibid., for “eight thousand rupees” (w.e.f. 1-11-2013). ----- **62. Mutawalli not to spend any money belonging to [1][waqf] for self defence.—No mutawalli shall** spend any money out of the funds of the [1][waqf], of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary action against himself. **63. Power to appoint mutawallis in certain cases.—When there is a vacancy in the office of the** mutawalli of a [1][waqf] and there is no one to be appointed under the terms of the deed of the [1][waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. **64. Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of** 1[waqf], the Board may remove a mutawalli from his office if such mutawalli— [(a) has been convicted more than once of an offence punishable under section 61; or](http://www.tnwakfboard.org/1995.43.htm#s61) (b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or (c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or (d) is an undischarged insolvent; or (e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or (f) is employed as paid legal practitioner on behalf of, or against, the [1][waqf]; or (g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by [sub-section (2) of section 46; or](http://www.tnwakfboard.org/1995.43.htm#s46_2) (h) is interested, directly or indirectly, in a subsisting lease in respect of any [1][waqf] property, or in any contract made with, or any work being done for, the [1][waqf] or is in arrears in respect of any sum due by him to such [1][waqf]; or (i) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of funds or breach of trust in relation to the [1][waqf] or in respect of any money or other [1][waqf] property; or (j) wilfully and persistently disobeys the lawful orders made by the Central Government, State Government, Board under any provision of this Act or rule or order made thereunder; (k) misappropriates or fraudulently deals with the property of the [1][waqf]. (2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the [1][waqf] property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin. (3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of the members of the Board. (4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) of sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the order to the Tribunal and the decision of the Tribunal on such appeal shall be final. (5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interest of the [1][waqf], by an order suspend such mutawalli until the conclusion of the inquiry: Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). ----- (6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may make an application to the Tribunal for the appointment of a receiver to manage the [1][waqf] pending the decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person as receiver to manage the [1][waqf] and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the [1][waqf] are safeguarded. (7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by order, direct the mutawalli to deliver possession of the [1][waqf] property to the Board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the [1][waqf] property. (8) A mutawalli of a [1][waqf] removed from his office under this section shall not be eligible for re-appointment as a mutawalli of that [1][waqf] for a period of five years from the date of such removal. **65. Assumption of direct management of certain** **[2][auqaf] by the Board.—(1) Where no suitable** person is available for appointment as a mutawalli of a [1][waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the [1][waqf], the Board may, by notification in the Official Gazette, assume direct management of the [1][waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification. (2) The State Government may, on its own motion or on the application of any person interested in the [1][waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1). (3) As soon as possible after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every [1][waqf] under its direct management, giving therein— (a) the details of the income of the [1][waqf] for the year immediately preceding the year under report; (b) the steps taken to improve the management and income of the [1][waqf]; (c) the period during which the [1][waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the [1][waqf] to the mutawalli or any committee of management during the year; and (d) such other matters as may be prescribed. (4) The State Government shall examine the report submitted to it under sub-section (3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof. 3[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.] **66. Powers of appointment and removal of mutawalli when to be exercised by the State** **Government.—Whenever a deed of** [1][waqf] or any decree or order of a court of any scheme of management of any [1][waqf] provides that a court or any authority other than a Board may appoint or remove a mutawalli or settle or modify such scheme of management or otherwise exercise superintendence over the [1][waqf], then, notwithstanding anything contained in such deed of [1][waqf], decree, order or scheme, such powers aforesaid shall be exercisable by the State Government: Provided that where a Board has been established, the State Government shall consult the Board before exercising such powers. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Ins. by s. 37, ibid. (w.e.f. 1-11-2013). ----- **67. Supervision and supersession of committee of Management.—(1) Whenever the supervision** or management of a [1][waqf] is vested in any committee appointed by the [1][waqf], then, notwithstanding anything contained in this Act, such committee shall continue to function until it is superseded by the Board or until the expiry of its term as may be specified by the [1][waqf], whichever is earlier: Provided that such committee shall function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time: Provided further that if the Board is satisfied that any scheme for the management of a [1][waqf] by a committee is inconsistent with any provision of this Act or of any rule made thereunder or with the directions of the [1][waqf], it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the [1][waqf] or of the provisions of this Act and the rules made thereunder. (2) Notwithstanding anything contained in this Act, and in the deed of the [1][waqf], the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the [1][waqf] is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the [1][waqf], in so far as it relates to the constitution of the committee, shall cease to have any force: Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. (3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the 1[waqf]. (4) Any order made by the Board under sub-section (2) shall be final: Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days from the date of the order, appeal to the Tribunal: Provided further that the Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal. (5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new committee of management simultaneously with the order made by it under sub-section (2). (6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the [1][waqf], and every such order for the removal of any member shall be served upon him by registered post: Provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action: Provided further that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the order made by the Tribunal in such appeal shall be final. **68. Duty of mutawalli or committee to deliver possession of records, etc.—(1) Where any** mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the [1][waqf] (including cash) to the successor mutawalli or the successor committee, within one month from the date specified in the order. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). ----- (2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the successor committee may make an application, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any [1][District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the 2[waqf] property is situated and, thereupon such 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli or members of the removed committee, make an order directing the delivery of charge and possession of such records, accounts and properties (including cash ) of the [2][waqf] to the successor mutawalli or the committee, as the case may be, within such time as may be specified in the order. (3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties (including cash) within the time specified by [3][any Magistrate] under sub-section (2) the removed mutawalli or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. (4) Whenever any removed mutawalli or any member of the removed committee omits or fails to comply with the orders made by [3][any Magistrate] under sub-section (2), [3][any Magistrate] may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose. (5) No order of the appointment of the successor mutawalli or committee, shall be called in question in the proceedings before [3][any Magistrate] under this section. (6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by [3][any Magistrate] under sub-section (2). **69. Power of Board to frame scheme for administration of** **[2][waqf].—[4][(1) Where the Board is** satisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administration of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the prescribed manner.] (2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the 2[waqf] holding office as such immediately before the date on which the scheme comes into force: Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the 2[waqf]. (3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli, and all persons interested in the [2][waqf]: Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may confirm, reverse or modify the order: Provided further that the Tribunal shall have no power to stay the operation of the order made under this section. 1. Subs. by Act 27 of 2013, s. 38, for “Magistrate of the first class” and “Magistrate” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 38, ibid., for “the Magistrate” (w.e.f. 1-11-2013). 4. Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013). ----- (4) The Board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. (5) Pending the framing of the scheme for the proper administration of the [1][waqf], the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise the powers, and perform the duties, of such mutawalli. **70. Inquiry relating to administration of** **[1][waqf].—Any person interested in a** [1][waqf] may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the [1][waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the [1][waqf] are being mismanaged, it shall take such action thereon as it thinks fit. **71. Manner of holding inquiry.—(1) The Board may, either on an application received** [under section [2][70] or on its own motion,—](http://www.tnwakfboard.org/1995.43.htm#s73) (a) hold an inquiry in such manner as may be prescribed; or (b) authorise any person in this behalf to hold an inquiry into any matter relating to a [1][waqf] and take such action as it thinks fit. (2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents. CHAPTER VII FINANCE OF THE BOARD **72. Annual contribution payable to Board.—(1) The mutawalli of every** [1][waqf], the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the [1][waqf], such contributions, not exceeding seven per cent. of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the [1][waqf]. _Explanation I_ **.—For the purposes of this Act, “net annual income” shall mean the gross income of** the [1][waqf] from all sources, including nazars and offerings which do not amount to contributions to the corpus of the [3][auqaf], in a year after deducting therefrom the following, namely:— (i) the land revenue paid by it to the Government; (ii) the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority; (iii) expenditure incurred for all or any of the [4][in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf], namely:— (a) maintenance of, or repairs to, irrigation works, which shall not include the capital cost of irrigation; (b) seeds or seedlings; (c) manure; (d) purchase and maintenance of agricultural implements; (e) purchase and maintenance of cattle for cultivation; (f) wages for ploughing, watering, sowing, transplanting, harvesting, threshing and other agricultural operations: Provided that the total deduction in respect of an expenditure incurred under this clause shall not exceed [5][twenty per cent.] of the income derived from lands belonging to the [1][waqf]: 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 40, ibid., for “73” (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 4. Subs. by s. 41, ibid., for “following purposes” (w.e.f. 1-11-2013). 5. Subs. by s. 41, ibid., for “ten per cent.” (w.e.f. 1-11-2013). ----- 1[Provided further that no such deduction shall be permitted in respect of waqf land given on lease, by whatever name called, whether batai or share cropping or any other name.] (iv) expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annual rent derived therefrom, or the actual expenditure, whichever is less; (v) sale proceeds of immovable properties or rights relating to, or arising out of immovable properties, if such proceeds are reinvested to earn income for the [2][waqf]: Provided that the following items of receipts shall not be deemed to be income for the purposes of this section, namely:— (a) advances and deposits recovered and loans taken or recovered; (b) deposits made as security by employees, lessees or contractors and other deposits, if any; (c) withdrawals from banks or of investments; (d) amounts recovered towards costs awarded by courts; (e) sale proceeds of religious books and publications where such sales are undertaken as an un-remunerative enterprise with a view to propagating religion; (f) donations in cash or kind or offerings made by the donors as contribution to the corpus of the [2][waqf]: Provided that interest on income, if any, accruing from such donations or offerings shall be taken into account in calculating the gross annual income; (g) voluntary contributions received in cash or kind for a specific service to be performed by the [2][waqf] and expended on such service; (h) audit recoveries; _Explanation II.—In determining the net annual income for the purposes of this section, only the net_ profit derived by any [2][waqf] from its remunerative undertakings, if any, shall be taken as income, and in respect of its non-remunerative undertakings, such as, schools, colleges, hospitals, poor homes, orphanages or any other similar institutions, the grants given by the Government or any local authority or donations received from the public or fees collected from the pupils of educational institutions shall not be taken as income. (2) The Board may in the case of any mosque or orphanage or any particular [2][waqf] reduce or remit such contribution for such time as it thinks fit. (3) The mutawalli of a [2][waqf] may realise the contributions payable by him under sub-section (1) from the various persons entitled to received any pecuniary or other material benefit from the [2][waqf], but the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total contribution payable, the same proportion, as the value of the benefits receivable by such person bears to the entire net annual income of the [2][waqf]: Provided that if there is any income of the [2][waqf] available in excess of the amount payable as dues under this Act, other than as the contribution under sub-section (1), and in excess of the amount payable under the [2][waqf] deed, the contribution shall be paid out of such income. (4) The contribution payable under sub-section (1) in respect of a [2][waqf] shall, subject to the prior payment of any dues to the Government or any local authority or of any other statutory first charge on the 2[waqf] property or the income thereof, be a first charge on the income of the 2[waqf] and shall be recoverable, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 41 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). ----- (5) If a mutawalli realises the income of the [1][waqf] and refuses to pay or does not pay such contribution, he shall also be personally liable for such contribution which may be realised from his person or property in the manner aforesaid. (6) Where, after the commencement of this Act, the mutawalli of a [1][waqf] fails to submit a return of the net annual income of the [1][waqf] within the time specified therefor or submits a return which, in the opinion of the Chief Executive Officer is incorrect or false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the [1][waqf] to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the [1][waqf] for the purposes of this section: Provided that no assessment of net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer, under sub-section (6), may prefer an appeal to the Board within thirty days from the date of the receipt of the assessment or revision of return and the Board may, after giving the appellant a reasonable opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the decision of the Board thereon shall be final. (8) If, for any reason, the contribution or any portion thereof leviable under this section has escaped assessment in any year, whether before or after the commencement of this Act, the Chief Executive Officer may, within five years from the last date of the year to which such escaped assessment relates serve upon the mutawalli a notice assessing him with the contribution or portion thereof which had escaped assessment, and demanding payment thereof within thirty days from the date of service of such notice, and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the assessments were made under this Act, in the first instance. **73. Power of Chief Executive Officer to direct banks or other person to make** **payments.—(1) Notwithstanding anything contained in any other law for the time being in force, the** Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a [1][waqf] is deposited, to [pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the](http://www.tnwakfboard.org/1995.43.htm#s72) 1[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the [1][waqf] by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been preferred under sub-section (3), comply with such orders, or where an appeal has been preferred under sub-section (3), shall comply, with the orders made by the Tribunal on such appeal. (2) Every payment made by a bank or other person in pursuance of any order made under sub-section (1), shall operate as a full discharge of the liability of such bank or other person in relation to the sum so paid. (3) Any bank or other person who is ordered under sub-section (1) to make any payment may, within thirty days from the date of the order, prefer an appeal against such order to the Tribunal and the decision of the Tribunal on such appeal shall be final. (4) Every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under sub-section (1) or, as the case may be, under sub-section (3), shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. **74. Deduction of contribution from perpetual annuity payable to the** **[1][waqf].—(1) Every** authority empowered to disburse any perpetual annuity payable to a [1][waqf] under any law relating to the abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the Chief Executive Officer, specifying the amount of contribution payable by the 1[waqf] 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). ----- [under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the](http://www.tnwakfboard.org/1995.43.htm#s72) 1[waqf], the amount specified in such certificate and remit the amount so deducted to the Chief Executive Officer. (2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to be a payment made by the [1][waqf] and shall, to the extent of the amount so remitted, operate as a full discharge of the liability of such authority with regard to the payment of the perpetual annuity. **75. Power of board to borrow.—(1) For the purpose of giving effect to the provisions of this Act,** the Board may, with the previous sanction of the State Government, borrow such sum of money and on such terms and conditions as the State Government may determine. (2) The Board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan. **76. Mutawalli not to lend or borrow moneys without sanction.—(1) No mutawalli, Executive** Officer or other person in charge of the administration of a [1][waqf] shall lend any money belonging to the 1[waqf] or any 1[waqf] property or borrow any money for the purposes of the 1[waqf] except with the previous sanction of the Board: Provided that no such sanction is necessary if there is an express provision in the deed of [1][waqf] for such borrowing or lending, as the case may be. (2) The Board may, while according sanction, specify any terms and conditions subject to which the person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other 1[waqf] property. (3) Where any money is lent or borrowed, or other [1][waqf] property is lent in contravention of the provisions of this section, it shall be lawful for the Chief Executive Officer,— (a) to recover an amount equal to the amount which has been so lent or borrowed, together with interest due thereon, from the personal funds of the person by whom such amount was lent or borrowed; (b) to recover the possession of the [1][waqf] property lent in contravention of the provisions of this Act, from the person to whom it was lent, or from persons who claim title to such property through the person to whom such property was lent. **77.** **[1][Waqf] Fund.—(1) All moneys received or realised by the Board under this Act and all other** moneys received as donations, benefactions or grants by the Board shall form a fund to be called the 1[Waqf] Fund. (2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and accounted for under a separate sub-head. (3) Subject to any rules that may be made by the State Government in this behalf, the [1][Waqf] Fund shall be under the control of the Board, so, however, that the [1][Waqf] Fund under the control of common 1[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government. (4) The [1][Waqf] Fund shall be applied to— [(a) repayment of any loan incurred under section 75 and payment of interest thereon;](http://www.tnwakfboard.org/1995.43.htm#s75) (b) payment of the cost of audit of the [1][Waqf] Fund and the accounts of [2][auqaf]; (c) payment of the salary and allowances to the officers and staff of the Board; (d) payment of traveling allowances to the Chairperson, members, of the Board; (e) payment of all expenses incurred by the Board in the performance of the duties imposed, and the exercise of the powers conferred, by or under this Act; (f) payment of all expenses incurred by the Board for the discharge of any obligation imposed on it by or under any law for the time being in force. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). ----- 1[(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986).] (5) If any balance remains after meeting the expenditure referred to in sub-section (4), the Board may use any portion of such balance for the preservation and protection of [2][waqf] properties or for such other purposes as it may deem fit. **78. Budget of Board.—(1) The Board shall in every year prepare, in such form and at such time as** may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and forward a copy of the same to the State Government. (2) On receipt of the budget forwarded to it under sub-section (1), the State Government shall examine the same and suggest such alterations, corrections or modifications to be made therein as it may think fit and forward such suggestions to the Board for its consideration. (3) On receipt of the suggestions from the State Government the Board may make written representations to that Government with regard to the alterations, corrections or modifications suggested by that Government and the State Government shall, after considering such representations, communicate, within a period of three weeks from the date of receipt thereof, to the Board its final decision in relation to the matter and the decision of the State Government shall be final. (4) On receipt of the decision of the State Government under sub-section (3), the Board shall incorporate in its budget all the alterations, corrections, modifications finally suggested by the State Government and the budget as so altered, corrected or modified, shall be the budget which shall be passed by the Board. **79. Accounts of Board.—The Board shall cause to be maintained such books of account and other** books in relation to its accounts in such form and in such manner as may be provided by regulations. **80. Audit of accounts of Board.—(1) The accounts of the Board shall be audited and examined** annually by such auditor as may be appointed by the State Government. (2) The auditor shall submit his report to the State Government and the report of the auditor shall, among other things, specify whether the accounts of every [2][waqf] under the direct management of the Board have been kept separately and whether such accounts have been audited annually by the State Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person. (3) The cost of the audit shall be paid from the [2][Waqf] Fund. **81. State Government to pass orders on auditor’s report.—The State Government shall examine** the auditor’s report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit [3][and a copy of the said auditor’s report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State Legislature where it consists of two Houses or where such Legislatures consist of one House, before that House]. **82. Dues of Board to be recovered as arrears of land revenue.—(1) Every sum certified to be due** [from any person by an auditor in his report under section 80, be paid by such person within sixty days](http://www.tnwakfboard.org/1995.43.htm#s80) after service of a demand notice by the Board. (2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable may, on a certificate issued by the Board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 43, ibid., for “as it thinks fit” (w.e.f. 1-11-2013). ----- CHAPTER VIII JUDICIAL PROCEEDINGS **83. Constitution of Tribunals, etc.—[1][(1) The State Government shall, by notification in the Official** Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.] (2) Any mutawalli person interested in a [2][waqf] or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the [2][waqf]. (3) Where any application made under sub-section (1) relates to any [2][waqf] property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the [2][waqf] actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter: Provided that the State Government may, if it is of opinion that it is expedient in the interest of the 2[waqf] or any other person interested in the 2[waqf] or the 2[waqf] property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such [2][waqf] or [2][waqf] property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the interest of justice to deal with the application afresh. 3[(4) Every Tribunal shall consist of— (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member; and the appointment of every such person shall be made either by name or by designation. (4A) The terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members shall be such as may be prescribed.] (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order. (6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil court. (8) The execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908). 1. Subs. by Act 27 of 2013, s. 44, for sub-section (1) (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 44, ibid., for sub-section (4) (w.e.f. 1-11-2013). ----- (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. **84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its** **decision.—Whenever an application is made to a Tribunal for the determination of any dispute, question** or other matter relating to a [1][waqf] or [1][waqf] property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute. **85. Bar of jurisdiction of civil courts.—No suit or other legal proceeding shall lie in any** 2[civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any [1][waqf], [1][waqf] property or other matter which is required by or under this Act to be determined by a Tribunal. **86. Appointment of a receiver in certain cases.—Notwithstanding anything contained in the Code** of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced— (a) by or on behalf of a Board— (i) to set aside the sale of any immovable property, which is [1][waqf] property, in execution of a decree or order of a civil court; (ii) to set aside the transfer of any immovable property, which is [1][waqf] property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the Board; (iii) to recover possession of the property referred to in clause (a) or clause (b) or to restore possession of such property to the mutawalli of the concerned [1][waqf]; or (b) by a mutawalli to recover possession of immovable property, which is [1][waqf] property, which has been transferred by a previous mutawalli [3][or by any other person], whether for valuable consideration or not, without otherwise than in accordance with the sanction of the Board, and which is in the possession of the defendant, the court may, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the court may consider to be necessary for further prosecution of the suit. **87. [Bar to the enforcement of right on behalf of unregistered wakfs.]** _Omitted by the Wakf_ _(Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013)._ **88. Bar to challenge the validity of any notification, etc.—Save as otherwise expressly provided in** this Act, no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made thereunder shall be questioned in any Civil Court. **89. Notice of suits by parties against Board.—No suit shall be instituted against the Board in** respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 45, ibid., for “civil court” (1) (w.e.f. 1-11-2013). 3. Ins. by s. 46, ibid. (w.e.f. 1-11-2013). ----- **90. Notice of suits, etc., by courts.—(1) In every suit or proceeding relating to a title to or possession** of a [1][waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any [1][waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified. (3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within [2][six month] of its coming to know of such suit or proceeding, applies to the court in this behalf. (4) In the absence of a notice under sub-section (2), the sale shall be declared void, if the Board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held. **91. Proceedings under Act 1 of 1894.—(1) If, in the course of proceedings under the Land** Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, [3][and before an award is made, in case the property] under acquisition is [1][waqf] property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice. _Explanation.—The reference to the Collector in the foregoing provisions of this sub-section shall, in_ relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award. (2) Where the Board has reason to believe that any property under acquisition is [1][waqf] property, it may at any time before the award is made appear and plead as a party to the proceeding. (3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order shall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard. (4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the order, applies in this behalf to the authority which made the order. **92. Board to be party to suit or proceeding.—In any suit or proceeding in respect of a** [1][waqf] or any [1][waqf] property the Board may appear and plead as a party to the suit or proceeding. **93. Bar to compromise of suits by or against mutawallis.—No suit or proceeding in any court by** or against the mutawalli of a [1][waqf] relating to title to [1][waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board. **94. Power to make application to the Tribunal in case of failure of mutawalli to discharge his** **duties.—(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim** law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the Board in this behalf the amount necessary for the performance of such act. (2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the 1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the 1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 48, ibid., for “one month” (w.e.f. 1-11-2013). 3. Subs. by s. 49, ibid., for “it appears to the Collector before an award is made that any property” (w.e.f. 1-11-2013). ----- **95. Power of appellate authority to entertain appeal after expiry of specified period.—Where,** under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period. CHAPTER IX MISCELLANEOUS **96. Power of Central Government to regulate secular activities of** **[1][auqaf].—(1) For the purpose** of regulating the secular activities of [1][auqaf], the Central Government shall have the following powers and functions, namely:— (a) to lay down general principles and policies of [2][waqf] administration in so far as they relate to the secular activities of the [1][auqaf]; (b) to co-ordinate the functions of the Central [2][Waqf] Council and the Board, in so far as they relate to their secular functions; (c) to review administration of the secular activities of [1][auqaf] generally and to suggest improvements, if any. (2) In exercising its powers and functions under sub-section (1), the Central Government may call for any periodic or other reports from any Board and may issue to the Board such directions as it may think fit and the Board shall comply with such directions. _Explanation.—For the purposes of this section “secular activities” shall include social, economic,_ educational and other welfare activities. **97. Directions by State Government.—Subject to any directions issued by the Central Government** under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions: 3[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.] **98. Annual report by State Government.—As soon as may be after the close of a financial year, the** State Government shall cause a general annual report on the working and administration of the State 2[Waqf] Board and the Administration of 1[auqaf] in the State during that year to be prepared and laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulations. **99. Power to supersede Board.—(1) If the State Government is of opinion that the Board is unable** to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply [with any direction issued by the Central Government under section 96 or the State Government](http://www.tnwakfboard.org/1995.43.htm#s96) [under section 97, or if the State Government is satisfied on consideration of any report submitted after](http://www.tnwakfboard.org/1995.43.htm#s97) annual inspection, that the Board’s continuance is likely to be injurious to the interests of the [1][auqaf] in the State, the State Government may, by notification in the Official Gazette, supersede the Board for a period not exceeding six months: Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board: 4[Provided further that the power of the State Government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.] 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Ins. by s. 50, ibid. (w.e.f. 1-11-2013). 4. Ins. by s. 51, ibid. (w.e.f. 1-11-2013). ----- (2) Upon the publication of a notification under sub-section (1) superseding the Board,— (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and (c) all properties vested in the Board shall, during the period of supersession vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may— 1[(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or] [(b) reconstitute the Board in the manner provided in section 14.](http://www.tnwakfboard.org/1995.43.htm#s14) **100. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against** the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act. **101. Survey Commissioner, members and officers of the Board, deemed to be public servants.—** (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) Every mutawalli of a [2][waqf], every member of managing committee, whether constituted by the Board or under any deed of [2][waqf], every Executive Officer and every person holding any office in a 3[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **102. Special provision for reorganisation of certain Boards.—(1) Where on account of the** reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intra-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government. (2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, [3][after consulting the Council and the State Governments] concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit. (3) An order under sub-section (2) may provide for all or any of the following matters, namely:— (a) the dissolution of the Board; (b) the reconstitution in any manner whatsoever of the Board including the establishment, where necessary, of a new Board; (c) the area in respect of which the reconstituted Board or new Board shall function and operate; (d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including the rights and liabilities under any contract made by it) to any other Board or State Government and the terms and conditions of such transfer; 1. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 52, ibid., for “after consulting the State Governments” (w.e.f. 1-11-2013). ----- (e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as a party to any legal proceeding to which the Board is a party; and the transfer of any proceeding pending before the Board to any such transferee; (f) the transfer or re-employment of any employee of the Board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned State, the terms and conditions of service applicable to such employees after such transfer or re-employment; and (g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. (4) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the assets, rights and liabilities of, the transferee. (5) Every order made under this section shall be published in the Official Gazette. (6) Every order made under this section shall be laid before each House of Parliament, as soon as may be, after it is made. **103. Special provision for establishment of Board for part of a State.—(1) Where on account of** the territorial changes brought about by any law providing for the reorganisation of any State, this Act is as from the date on which that law comes into force applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word “State” in relation of a Board shall be construed as a reference to that part of the State for which the Board is established. (2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be. **104. Application of Act to properties given or donated by persons not professing Islam for** **support of certain** **[1][waqf].—Notwithstanding anything contained in this Act where any movable or** immovable property has been given or donated by any person not professing Islam for the support of a 1[waqf] being— (a) a mosque, idgah, imambara, dargah, khangah or a maqbara; (b) a Muslim graveyard; (c) a choultry or a musafirkhana, then such property shall be deemed to be comprised in that [1][waqf] and be dealt in the same manner as the 1[waqf] in which it is so comprised. **2[104A.** **Prohibition** **of** **sale,** **gift,** **exchange,** **mortgage** **or** **transfer** **of** **waqf** **property.—(1) Notwithstanding anything contained in this Act or any other law for the time being in** force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.] **3[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.—** (1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Ins. by s. 53, ibid. (w.e.f. 1-11-2013). 3. Ins. by s. 54, ibid. (w.e.f. 1-11-2013). ----- (2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.] **105. Power of Board and Chief Executive Officer to require copies of documents, etc., to be** **furnished.—Notwithstanding anything contained in any law for the time being in force, it shall be lawful** for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a [1][waqf] or any immovable property, which is [1][waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document. **106. Powers of Central Government to constitute common Boards.—(1) Where the Central** Government is satisfied that by reasons of— (i) the smallness of the Muslim population in two or more States, (ii) the slender resources of the [2][Auqaf] in such States, and (iii) the disproportion between the number and income of the [2][auqaf] and the Muslim population in such States, it is expedient in the interests of the [2][auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, [3][after consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located. (2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the [persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.](http://www.tnwakfboard.org/1995.43.htm#s14_7) (3) Whenever any common Board is established under sub-section (1)— (a) all powers vested in the State Government under any deed of [1][waqf] or any provision of law for the time being in force relating to [2][auqaf], shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of [1][waqf] or law to the State Governments shall be construed as references to the Central Government: Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is included as a member of the Board; (b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established; (c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs of, the common Board. (4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued. **107. Act 36 of 1963 not to apply for recovery of** **[1][waqf] properties.—Nothing contained in the** Limitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any 1[waqf] or for possession of any interest in such property. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 3. Subs. by s. 55, ibid., for “after consultation with the Government” (w.e.f. 1-11-2013). ----- **108. Special provision as to evacuee** **[1][waqf] properties.—The provisions of this Act shall apply,** and shall be deemed always to have applied, in relation to any evacuee property within the meaning of clause (f) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950) which immediately before it became such evacuee property within the said meaning was property comprised in any [1][waqf] and, in particular any entrustment (whether by transfer of any documents or in any other manner and whether generally or for specified purpose) of any such property to a Board made before the commencement of this Act in pursuance of the instructions of the Custodian under the Administration of Evacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstanding anything contained in any other provision of this Act, effect as if such entrustment had operated to— (a) vest such property in such Board in the same manner and with the same effect as in a trustee of such property for the purposes of sub-section (1) of section 11 of the Administration of Evacuee of Property Act, 1950 (31 of 1950), with effect from the date of such entrustment, and (b) authorise such Board to assume direct management of the [1][waqf] concerned for so long as it might deem necessary. **2[108A. Act to have overriding effect.—The provisions of this Act shall have overriding effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.] **109. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** [make rules to carry out the purposes of this Act, other than those of Chapter III.](http://www.tnwakfboard.org/1995.43.htm#ChIII) (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— 3[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3; (ia) other particulars which the report of the Survey Commissioner may contain under clause (f) of sub-section (3) of section 4;] [(ii) any other matter under clause (f) of sub-section (4) of section 4;](http://www.tnwakfboard.org/1995.43.htm#s4_4f) (iii) the particulars which a list of [[4][Auqaf] published under sub-section (2) of section 5, may](http://www.tnwakfboard.org/1995.43.htm#s5_2) contain; (iv) the manner of election of members of the Board by means of a single transferable vote, [5[under sub-section (1) of ] sub-section (2) of section 14;](http://www.tnwakfboard.org/1995.43.htm#s14_2) [(v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of](http://www.tnwakfboard.org/1995.43.htm#s23_2) [section 23;](http://www.tnwakfboard.org/1995.43.htm#s23_2) (vi) the conditions and restrictions subject to which the Chief Executive Officer or any other [officer may inspect any public office, records or registers under section 29;](http://www.tnwakfboard.org/1995.43.htm#s29) 6[(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub-section (2) of section 31; (vib) the conditions under which an agency of the Government or any other organisation may supply copies of records, registers and other documents under sub-section (3) of section 31;] (vii) the conditions subject to which an Executive Officer and supporting staff may be appointed [under sub-section (1) of section 38;](http://www.tnwakfboard.org/1995.43.htm#s38) (viii) the manner in which an inquiry may be held by the Chief Executive Officer under [sub-section (1) of section 39;](http://www.tnwakfboard.org/1995.43.htm#s39) 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 2. Ins. by s. 56, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 57, ibid., for clause (i) (w.e.f. 1-11-2013). 4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 5. Subs. by s. 57, ibid., for “under” (w.e.f. 1-11-2013). 6. Ins. by s. 57, ibid. (w.e.f. 1-11-2013). ----- (ix) the form in which, and the time within which, a separate budget for [1][Auqaf] under the direct [management of the Board shall be prepared under sub-section (1) of section 45;](http://www.tnwakfboard.org/1995.43.htm#s45) (x) the interval at which accounts of [1][Auqaf] may be audited in pursuance of the provisions of sub-section (1) of section 47; 2* - - - (xii) the guidance subject to which the Collector shall recover the property transferred in [contravention of the provisions of this Act, under section 52;](http://www.tnwakfboard.org/1995.43.htm#s52) [(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in](http://www.tnwakfboard.org/1995.43.htm#s54) [which any inquiry is to be made under sub-section (3) of that section;](http://www.tnwakfboard.org/1995.43.htm#s54_3) [(xiv) the manner in which any inquiry may be held under section 64 or section 71;](http://www.tnwakfboard.org/1995.43.htm#s64) [(xv) the other matters which may be specified in the report submitted under sub-section (3) of](http://www.tnwakfboard.org/1995.43.htm#s65_3) [section 65;](http://www.tnwakfboard.org/1995.43.htm#s65_3) [(xvi) the manner of publication of order made under sub-section (2) of section 67;](http://www.tnwakfboard.org/1995.43.htm#s67_2) (xvii) the manner in which consultation may be made with mutawalli under sub-section (1) of section 69; [(xviii) the manner of publication of order made under sub-section (3) of section 69;](http://www.tnwakfboard.org/1995.43.htm#s69_3) [(xix) the rate at which contribution is to be made by a mutawalli under section 72;](http://www.tnwakfboard.org/1995.43.htm#s72) (xx) the payment of moneys into the [3][Waqf] Fund, the investment, the custody and disbursement [of such moneys under section 77;](http://www.tnwakfboard.org/1995.43.htm#s77) (xxi) the form in which, and the time within which, the budget of the Board may be prepared and [submitted under section 78;](http://www.tnwakfboard.org/1995.43.htm#s78) [(xxii) the time within which application is to be made to the Tribunal under sub-section (2) of](http://www.tnwakfboard.org/1995.43.htm#s83_2) [section 83;](http://www.tnwakfboard.org/1995.43.htm#s83_2) 4[(xxiia) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as _ex officio members under_ sub-section (4A) of section 83;] [(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83;](http://www.tnwakfboard.org/1995.43.htm#s83_6) (xxiv) the form in which the annual report is to be submitted and the matters which such report [shall contain under section 98; and](http://www.tnwakfboard.org/1995.43.htm#s98) (xxv) any other matter which is required to be, or may be, prescribed. **110. Powers to make regulations by the Board.—(1) The Board may, with previous sanction of the** State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely— [(a) the time and places of the meetings of the Board under sub-section (1) of section 17;](http://www.tnwakfboard.org/1995.43.htm#s17) (b) the procedure and conduct of business at the meetings of the Board; (c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees; (d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees; (e) the terms and conditions of service of the officers and other employees of the Board [under sub-section (2) of section 24;](http://www.tnwakfboard.org/1995.43.htm#s24_2) 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 2. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 4. Ins. by s. 57, ibid. (w.e.f. 1-11-2013). ----- (f) the forms of application for registration of [1][Auqaf] further particulars to be contained therein [and the manner and place of registration of [1][Auqaf] under sub-section (3) of section 36;](http://www.tnwakfboard.org/1995.43.htm#s36_3) [(g) further particulars to be contained in the register of [1][Auqaf] under Section 37;](http://www.tnwakfboard.org/1995.43.htm#s37) (h) the form in which, and the time within which, the budgets of [1][Auqaf] may be prepared and [submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44;](http://www.tnwakfboard.org/1995.43.htm#s44) [(i) the books of accounts and other books to be maintained by the Board under section 79;](http://www.tnwakfboard.org/1995.43.htm#s79) (j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same; (k) persons by whom any order or decision of the Board may be authenticated; and (l) any other matter which has to be, or may be, provided by regulations. (3) All regulations made under this section shall be published in the Official Gazette and shall have effect from the date of such publication. **[111. Laying of rules and regulations before State Legislature.—Every rule made under section](http://www.tnwakfboard.org/1995.43.htm#s109)** [109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before](http://www.tnwakfboard.org/1995.43.htm#s109) the State Legislature. **[112. Repeal and savings.—(1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment)](http://www.tnwakfboard.org/1954.29.htm)** Act, 1984 (69 of 1984) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. (3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed: Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken. **113. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). -----

19-Aug-1996

27

The BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

https://www.indiacode.nic.in/bitstream/123456789/19315/1/a1996-27_0.pdf

Andaman and Nicobar Islands

# THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 ___________ # ARRANGEMENT OF SECTIONS # ___________ [CHAPTER I](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER I) [PRELIMINARY](http://clc.gov.in/Acts/shtm/bocw.php#PRELIMINARY) SECTIONS 1. [Short title, extent, commencement and application.](http://clc.gov.in/Acts/shtm/bocw.php#Short title, extent, commencement) 2. [Definitions.](http://clc.gov.in/Acts/shtm/bocw.php#Definitions.) [CHAPTER II](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER II) [THE ADVISORY COMMITTEES AND EXPERT COMMITTEES](http://clc.gov.in/Acts/shtm/bocw.php#THE ADVISORY COMMITTEES AND EXPERT COMMITTEES) 3. [Central Advisory Committee.](http://clc.gov.in/Acts/shtm/bocw.php#Central Advisory Committee) 4. [State Advisory Committee.](http://clc.gov.in/Acts/shtm/bocw.php#State Advisory Committee) 5. [Expert committees.](http://clc.gov.in/Acts/shtm/bocw.php#Expert Committees) [CHAPTER III](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER III) [REGISTRATION OF ESTABLISHMENTS](http://clc.gov.in/Acts/shtm/bocw.php#REGISTRATION OF ESTABLISHMENTS) 6. [Appointment of registering officers.](http://clc.gov.in/Acts/shtm/bocw.php#Appointment of registering officers) 7. [Registration of establishments.](http://clc.gov.in/Acts/shtm/bocw.php#REGISTRATION OF ESTABLISHMENTS) 8. [Revocation of registration in certain cases.](http://clc.gov.in/Acts/shtm/bocw.php#Revocation of registration in certain cases) 9. [Appeal.](http://clc.gov.in/Acts/shtm/bocw.php#Appeal) 10. [Effect of non-registration.](http://clc.gov.in/Acts/shtm/bocw.php#Effect of non-registration) [CHAPTER IV](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER IV) [REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES](http://clc.gov.in/Acts/shtm/bocw.php#REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES) 11. [Beneficiaries of the Fund.](http://clc.gov.in/Acts/shtm/bocw.php#Beneficiaries of the Fund.) 12. [Registration of building workers as beneficiaries.](http://clc.gov.in/Acts/shtm/bocw.php#Registration of building workers as) 13. [Identity cards.](http://clc.gov.in/Acts/shtm/bocw.php#Identity cards) 14. [Cessation as a beneficiary.](http://clc.gov.in/Acts/shtm/bocw.php#Cessation as a beneficiary) 15. [Register of beneficiaries.](http://clc.gov.in/Acts/shtm/bocw.php#Register of beneficiaries) 16. [Contribution of building workers.](http://clc.gov.in/Acts/shtm/bocw.php#Contribution of building workers) 17. [Effect of non-payment of contribution.](http://clc.gov.in/Acts/shtm/bocw.php#Effect of non-payment of contribution) [CHAPTER V](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER V) [BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARDS](http://clc.gov.in/Acts/shtm/bocw.php#BUILDING AND OTHER CONSTRUCTION WORKERS) 18. [Constitution of State Welfare Boards.](http://clc.gov.in/Acts/shtm/bocw.php#Constitution of State Welfare Boards.) 19. [Secretary and other officers of Boards.](http://clc.gov.in/Acts/shtm/bocw.php#Secretary and other officers of Boards) 20. [Meetings of Boards.](http://clc.gov.in/Acts/shtm/bocw.php#Meetings of Board) 21. [Vacancies, etc., not to invalidate proceedings of the Boards.](http://clc.gov.in/Acts/shtm/bocw.php#Vacancies) 22. [Functions of the Boards.](http://clc.gov.in/Acts/shtm/bocw.php#Functions of the Boards) 23. [Grants and loans by the Central Government.](http://clc.gov.in/Acts/shtm/bocw.php#Grants and loans by the Central Government) 24. [Building and Other Construction Workers’ Welfare Fund and its application.](http://clc.gov.in/Acts/shtm/bocw.php#Building and Other Construction Workers welfare) ----- SECTIONS 25. [Budget.](http://clc.gov.in/Acts/shtm/bocw.php#Budget) 26. [Annual report.](http://clc.gov.in/Acts/shtm/bocw.php#Annual report) 27. [Accounts and audit.](http://clc.gov.in/Acts/shtm/bocw.php#Accounts and audit) [CHAPTER VI](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER VI) [HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS](http://clc.gov.in/Acts/shtm/bocw.php#HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS) 28. [Fixing hours for normal working day, etc.](http://clc.gov.in/Acts/shtm/bocw.php#Fixing hours for normal working day) 29. [Wages for overtime work.](http://clc.gov.in/Acts/shtm/bocw.php#Wages for overtime work) 30. [Maintenance of registers and records.](http://clc.gov.in/Acts/shtm/bocw.php#Maintenance of registers and records) 31. [Prohibition of employment of certain persons in certain building or other construction work.](http://clc.gov.in/Acts/shtm/bocw.php#Prohibition of employment of certain persons in certain building or other construction work) 32. [Drinking water.](http://clc.gov.in/Acts/shtm/bocw.php#Drinking water) 33. [Latrines and urinals.](http://clc.gov.in/Acts/shtm/bocw.php#Latrines and urinals) 34. [Accommodation.](http://clc.gov.in/Acts/shtm/bocw.php#Accommodation) 35. [Creches.](http://clc.gov.in/Acts/shtm/bocw.php#Creches) 36. [First-aid](http://clc.gov.in/Acts/shtm/bocw.php#First-aid) 37. [Canteens, etc.](http://clc.gov.in/Acts/shtm/bocw.php#Canteens) [CHAPTER VII](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER VII) [SAFETY AND HEALTH MEASURES](http://clc.gov.in/Acts/shtm/bocw.php#SAFETY AND HEALTH MEASURES) 38. [Safety Committee and safety officers.](http://clc.gov.in/Acts/shtm/bocw.php#Safety Committee and safety officers) 39. [Notice of certain accidents.](http://clc.gov.in/Acts/shtm/bocw.php#Notice of certain accidents) 40. [Power of appropriate Government to make rules for the safety and health of building workers.](http://clc.gov.in/Acts/shtm/bocw.php#Power of appropriate Government to makes rules for the safety and health of building workers) 41. [Framing of model rules for safety measures.](http://clc.gov.in/Acts/shtm/bocw.php#Framing of model rules for safety measures) [CHAPTER VIII](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER VIII) [INSPECTING STAFF](http://clc.gov.in/Acts/shtm/bocw.php#INSPECTING STAFF) 42. [Appointment of Director-General, Chief Inspector and Inspectors.](http://clc.gov.in/Acts/shtm/bocw.php#Appointment of Director-General, Chief Inspector and Inspectors) 43. [Powers of Inspectors.](http://clc.gov.in/Acts/shtm/bocw.php#Powers of Inspectors) [CHAPTER IX](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER IX) SPECIAL PROVISIONS 44. [Responsibility of employers.](http://clc.gov.in/Acts/shtm/bocw.php#Responsibility of employers) 45. [Responsibility for payment of wages and compensation.](http://clc.gov.in/Acts/shtm/bocw.php#Responsibility for payment of wages and compensation) 46. [Notice of commencement of building or other construction work.](http://clc.gov.in/Acts/shtm/bocw.php#Notice of commencement of building or other construction work) [CHAPTER X](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER X) [PENALTIES AND PROCEDURE](http://clc.gov.in/Acts/shtm/bocw.php#PENALTIES AND PROCEDURE) 47. [Penalty for contravention of provisions regarding safety measures.](http://clc.gov.in/Acts/shtm/bocw.php#Penalty for contravention of provisions regarding safety measures) 48. [Penalty for failure to give notice of the commencement of the building or other construction](http://clc.gov.in/Acts/shtm/bocw.php#Penalty for failure to give notice of the commencement of the building or other construction work) work. 49. [Penalty for obstructions.](http://clc.gov.in/Acts/shtm/bocw.php#Penalty for obstructions) 50. [Penalty for other offences.](http://clc.gov.in/Acts/shtm/bocw.php#Penalty for other offences) 51. [Appeal.](http://clc.gov.in/Acts/shtm/bocw.php#51.Appeal) 52. [Recovery of penalty.](http://clc.gov.in/Acts/shtm/bocw.php#52. Recovery of penalty) ----- SECTIONS 53. [Offences by companies.](http://clc.gov.in/Acts/shtm/bocw.php#53. Offences by companies) 54. [Cognizance of offences.](http://clc.gov.in/Acts/shtm/bocw.php#54. Cognizance of offences.) 55. [Limitation of prosecutions.](http://clc.gov.in/Acts/shtm/bocw.php#55. Limitation of prosecutions) [CHAPTER XI](http://clc.gov.in/Acts/shtm/bocw.php#CHAPTER XI) [MISCELLANEOUS](http://clc.gov.in/Acts/shtm/bocw.php#MISCELLANEOUS) 56. [Delegation of powers.](http://clc.gov.in/Acts/shtm/bocw.php#56. Delegation of powers) 57. [Returns.](http://clc.gov.in/Acts/shtm/bocw.php#57. Returns) 58. [Application of Act 8 of 1923 to building workers.](http://clc.gov.in/Acts/shtm/bocw.php#58. Application of Act 8 of 1923 to building workers) 59. [Protection of action taken in good faith.](http://clc.gov.in/Acts/shtm/bocw.php#59. Protection of action taken in good faith) 60. [Power of Central Government to give directions.](http://clc.gov.in/Acts/shtm/bocw.php#60. Power of Central Government to give directions) 61. [Power to remove difficulties.](http://clc.gov.in/Acts/shtm/bocw.php#61. Power to remove difficulties) 62. [Power to make rules.](http://clc.gov.in/Acts/shtm/bocw.php#62. Power to make rules) 63. [Saving of certain laws.](http://clc.gov.in/Acts/shtm/bocw.php#63. Saving of certain laws) 64. [Repeal and saving.](http://clc.gov.in/Acts/shtm/bocw.php#64. Repeal and saving) ----- # THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 # ACT NO. 27 OF 1996 [19th August, 1996.] # An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Building** and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 1st day of March, 1996. (4) It applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work. _Explanation.—For the purposes of this sub-section, the building workers employed in different relays_ in a day either by the employer or the contractor shall be taken into account in computing the number of building workers employed in the establishment. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means,— (i) in relation to an establishment (which employs building workers either directly or through a contractor) in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central Government; (ii) in relation to any such establishment, being a public sector undertaking, as the Central Government may by notification specify which employs building workers either directly or through a contractor, the Central Government; _Explanation.—For the purposes of sub-clause (ii), “public sector undertaking” means any_ corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) which is owned, controlled or managed by the Central Government; (iii) in relation to any other establishment which employs building workers either directly or through a contractor, the Government of the State in which that other establishment is situate; (b) “beneficiary” means a building worker registered under section 12; (c) “Board” means a Building and Other Construction Workers’ Welfare Board constituted under sub-section (1) of section 18; (d) ”building or other construction work” means the construction, alteration, repairs, maintenance or demolition, of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include ----- any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply; (e) “building worker” means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person— (i) who is employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; (f) “Chief Inspector” means the Chief Inspector of Inspection of Building and Construction appointed under sub-section (2) of section 42; (g) “contractor” means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies building workers for any work of the establishment; and includes a sub-contractor; (h) “Director-General” means the Director-General of Inspection appointed under sub-section (1) of section 42; (i) “employer”, in relation to an establishment, means the owner thereof, and includes,— (i) in relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department; (ii) in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment; (iii) in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor; (j) “establishment” means any establishment belonging to, or under the control of, Government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building or other construction work; and includes an establishment belonging to a contractor, but does not include an individual who employs such workers in any building or construction work in relation to his own residence the total cost of such construction not being more than rupees ten lakhs; (k) “Fund” means the Building and Other Construction Workers’ Welfare Fund of a Board constituted under sub-section (1) of section 24; (l) “notification” means a notification published in the Official Gazette; (m) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (n) “wages” shall have the same meaning as assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936). (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. CHAPTER II THE ADVISORY COMMITTEES AND EXPERT COMMITTEES **3. Central Advisory Committee.—(1) The Central Government shall, as soon as may be, constitute** a Committee to be called the Central Building and Other Construction Workers’ Advisory Committee ----- (hereinafter referred to as the Central Advisory Committee) to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it. (2) The Central Advisory Committee shall consist of— (a) a Chairperson to be appointed by the Central Government; (b) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States—members; (c) the Director-General—member, ex officio; (d) such number of other members, not exceeding thirteen but not less than nine, as the Central Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Advisory Committee. (3) The number of persons to be appointed as members from each of the categories specified in clause (d) of sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Advisory Committee shall be such as may be prescribed: Provided that the members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. (4) It is hereby declared that the office of member of the Central Advisory Committee shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament. **4. State Advisory Committee.—(1) The State Government shall constitute a committee to be called** the State Building and Other Construction Workers’ Advisory Committee (hereinafter referred to as the State Advisory Committee) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it. (2) The State Advisory Committee shall consist of— (a) a Chairperson to be appointed by the State Government; (b) two members of the State Legislature to be elected from the State Legislature—members; (c) a member to be nominated by the Central Government; (d) the Chief Inspector—member, ex officio; (e) such number of other members, not exceeding eleven, but not less than seven, as the State Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the State Government, ought to be represented on the State Advisory Committee. (3) The number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of State Advisory Committee shall be such as may be prescribed: Provided that the number of members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. **5. Expert committees.—(1) The appropriate Government may constitute one or more expert** committees consisting of persons specially qualified in building or other construction work for advising that Government for making rules under this Act. (2) The members of the expert committee shall be paid such fees and allowances for attending the meetings of the committee as may be prescribed: Provided that no fee or allowances shall be payable to a member who is an officer of Government or of any body corporate established by or under any law for the time being in force. ----- CHAPTER III REGISTRATION OF ESTABLISHMENTS **6. Appointment of registering officers.—The appropriate Government may, by order notified in the** Official Gazette,— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and (b) define the limits within which a registering officer shall exercise the powers conferred on him by or under this Act. **7. Registration of establishments.—(1) Every employer shall,—** (a) in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and (b) in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment: Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed. (4) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed. **8. Revocation of registration in certain cases.—If the registering officer is satisfied, either on a** reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this Act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration. **9. Appeal.—(1) Any person aggrieved by an order made under section 8 may, within thirty days from** the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible. **10. Effect of non-registration.—No employer of an establishment to which this Act applies shall,—** (a) in the case of an establishment required to be registered under section 7, but which has not been registered under that section; (b) in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the ----- period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause (a) or clause (b) of sub-section (1) of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be. CHAPTER IV REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES **11. Beneficiaries of the Fund.—Subject to the provisions of this Act, every building worker** registered as a beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund under this Act. **12. Registration of building workers as beneficiaries.—(1) Every building worker who has** completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this Act. (2) An application for registration shall be made in such form, as may be prescribed, to the officer authorised by the Board in this behalf. (3) Every application under sub-section (2) shall be accompanied by such documents together with such fee not exceeding fifty rupees as may be prescribed. (4) If the officer authorised by the Board under sub-section (2) is satisfied that the applicant has complied with the provisions of this Act and the rules made thereunder, he shall register the name of the building worker as a beneficiary under this Act: Provided that an application for registration shall not be rejected without giving the applicant an opportunity of being heard. (5) Any person aggrieved by the decision under sub-section (4) may, within thirty days from the date of such decision, prefer an appeal to the Secretary of the Board or any other officer specified by the Board in this behalf and the decision of the Secretary or such other officer on such appeal shall be final: Provided that the Secretary or any other officer specified by the Board in this behalf may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the building worker was prevented by sufficient cause from filing the appeal in time. (6) The Secretary of the Board shall cause to maintain such registers as may be prescribed. **13. Identity cards.—(1) The Board shall give to every beneficiary an identity card with his** photograph duly affixed thereon and with enough space for entering the details of the building or other construction work done by him. (2) Every employer shall enter in the identity card the details of the building or other construction work done by the beneficiary and authenticate the same and return it to the beneficiary. (3) A beneficiary who has been issued an identity card under this Act shall produce the same whenever demanded by any officer of Government or the Board, any inspector or any other authority for inspection. **14. Cessation as a beneficiary.—(1) A building worker who has been registered as a beneficiary** under this Act shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year: Provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment. (2) Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, he shall be eligible to get such benefits as may be prescribed. ----- _Explanation.—For computing the period of three years as a beneficiary with a Board under this sub-_ section, there shall be added any period for which a person had been a beneficiary with any other Board immediately before his registration. **15. Register of beneficiaries.—Every employer shall maintain a register in such form as may be** prescribed showing the details of employment of beneficiaries employed in the building or other construction work undertaken by him and the same may be inspected without any prior notice by the Secretary of the Board or any other officer duly authorised by the Board in this behalf. **16. Contribution of building workers.—(1) A building worker who has been registered as a** beneficiary under this Act shall, until he attains the age of sixty years, contribute to the Fund at such rate per mensem, as may be specified by the State Government, by notification in the Official Gazette and different rates of contribution may be specified for different classes of building workers: Provided that the Board may, if satisfied that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time. (2) A beneficiary may authorise his employer to deduct his contribution from his monthly wages and to remit the same, within fifteen days from such deduction, to the Board. **17. Effect of non-payment of contribution.—When a beneficiary has not paid his contribution** under sub-section (1) of section 16 for a continuous period of not less than one year, he shall cease to be a beneficiary: Provided that if the Secretary of the Board is satisfied that the non-payment of contribution was for a reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building worker to deposit the contribution in arrears and on such deposit being made, the registration of building worker shall stand restored. CHAPTER V BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARDS **18. Constitution of State Welfare Boards.—(1) Every State Government shall, with effect from** such date as it may, by notification, appoint, constitute a Board to be known as the …… (name of the State) Building and Other Construction Workers’ Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this Act. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Board shall consist of a chairperson, a person to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government: Provided that the Board shall include an equal number of members representing the State Government, the employers and the building workers and that at least one member of the Board shall be a woman. (4) The terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Board, and the manner of filling of casual vacancies of the members of the Board, shall be such as may be prescribed. **19. Secretary and other officers of Boards.—(1) The Board shall appoint a Secretary and such other** officers and employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The secretary of the Board shall be its chief executive officer. (3) The terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the Board shall be such as may be prescribed. **20. Meetings of Boards.—(1) The Board shall meet at such time and place and observe such rules of** procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed. ----- (2) The chairperson or, if for any reason he is unable to attend a meeting of the Board, any member nominated by the chairperson in this behalf and in the absence of such nomination, any other member elected by the members present from amongst themselves at the meeting, shall preside at the meeting. (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the chairperson, or in his absence, the person presiding, shall have a second or a casting vote. **21. Vacancies, etc., not to invalidate proceedings of the Boards.—No act or proceedings of a** Board shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. **22. Functions of the Boards.—(1) The Board may—** (a) provide immediate assistance to a beneficiary in case of accident; (b) make payment of pension to the beneficiaries who have completed the age of sixty years; (c) sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed; (d) pay such amount in connection with premia for Group Insurance Scheme of the beneficiaries as it may deem fit; (e) give such financial assistance for the education of children of the beneficiaries as may be prescribed; (f) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed; (g) make payment of maternity benefit to the female beneficiaries; and (h) make provision and improvement of such other welfare measures and facilities as may be prescribed. (2) The Board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the State Government for the purpose connected with the welfare of building workers in any establishment. (3) The Board may pay annually grants-in-aid to a local authority or to an employer who provides to the satisfaction of the Board welfare measures and facilities of the standard specified by the Board for the benefit of the building workers and the members of' their family, so, however, that the amount payable as grants-in-aid to any local authority or employer shall not exceed— (a) the amount spent in providing welfare measures and facilities as determined by the State Government or any person specified by it in this behalf, or (b) such amount as may be prescribed, whichever is less: Provided that no grant-in-aid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf. **23. Grants and loans by the Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, make to a Board grants and loans of such sums of money as the Government may consider necessary. **24. Building and Other Construction Workers’ Welfare Fund and its application.—(1) There** shall be constituted by a Board a fund to be called the Building and Other Construction Workers’ Welfare ----- Fund and there shall be credited thereto— (a) any grants and loans made to the Board by the Central Government under section 23; (b) all contributions made by the beneficiaries; (c) all sums received by the Board from such other sources as may be decided by the Central Government. (2) The Fund shall be applied for meeting— (a) expenses of the Board in the discharge of its functions under section 22; and (b) salaries, allowances and other remuneration of the members, officers and other employees of the Board; (c) expenses on objects and for purposes authorised by this Act. (3) No Board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent. of its total expenses during that financial year. **25 Budget.—The Board shall prepare, in such form and at such time each financial year, as may be** prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the State Government and the Central Government. **26. Annual report.—The Board shall prepare, in such form and at such time each financial year as** may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government and the Central Government. **27. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The Comptroller and Auditor-General of India or any other person appointed by him in connection with the auditing of the accounts of the Board under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board under this Act. (3) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India annually and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (4) The Board shall furnish to the State Government before such date as may be prescribed its audited copy of accounts together with the auditor's report. (5) The State Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before the State Legislature. CHAPTER VI HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS **28. Fixing hours for normal working day, etc.—(1) The appropriate Government may, by rules,—** (a) fix the number of hours of work which shall constitute a normal working day for a building worker, inclusive of one or more specified intervals; (b) provide for a day of rest in every period of seven days which shall be allowed to all building workers and for the payment of remuneration in respect of such days of rest; (c) provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29. ----- (2) The provisions of sub-section (1) shall, in relation to the following classes of building workers, apply only to such extent, and subject to such conditions, as may be prescribed, namely:— (a) persons engaged on urgent work, or in any emergency which could not have been foreseen or prevented; (b) persons engaged in a work in the nature of preparatory or complementary work which must necessarily be carried on outside the normal hours of work laid down in the rules; (c) persons engaged in any work which for technical reasons has to be completed before the day is over; (d) persons engaged in a work which could not be carried on except at times dependant on the irregular action of natural forces. **29. Wages for overtime work.—(1) Where any building worker is required to work on any day in** excess of the number of hours constituting a normal working day, he shall be entitled to wages at the rate of twice his ordinary rate of wages. (2) For the purposes of this section, “ordinary rates of wages” means the basic wages plus such allowances as the worker is for the time being entitled to but does not include any bonus. **30. Maintenance of registers and records.—(1) Every employer shall maintain such registers and** records giving such particulars of building workers employed by him, the work performed by them, the number of hours of work which shall constitute a normal working day for them, a day of rest in every period of seven days which shall be allowed to them, the wages paid to them, the receipts given by them and such other particulars in such form as my be prescribed. (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the place where such workers may be employed, notices in the prescribed form containing the prescribed particulars. (3) The appropriate Government may, by rules, provide for the issue of wage books or wage slips to building workers employed in an establishment and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. **31. Prohibition of employment of certain persons in certain building or other construction** **work.—No person about whom the employer knows or has reason to believe that he is a deaf or he has a** defective vision or he has a tendency to giddiness shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person. **32. Drinking water.—(1) The employer shall make in every place where building or other** construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. (2) All such points shall be legibly marked “Drinking Water” in a language understood by a majority of the persons employed in such place and no such point shall be situated within six metres of any washing place, urinal or latrine. **33. Latrines and urinals.—In every place where building or other construction work is carried on,** the employer shall provide sufficient latrine and urinal accommodation of such types as may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place: Provided that it shall not be necessary to provide separate urinals in any place where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system. **34. Accommodation.—(1) The employer shall provide, free of charges and within the work site or as** near to it as may be possible, temporary living accommodation to all building workers employed by him for such period as the building or other construction work is in progress. (2) The temporary accommodation provided under sub-section (1) shall have separate cooking place, bathing, washing and lavatory facilities. ----- (3) As soon as may be, after the building or other construction work is over, the employer shall, at his own cost, cause removal or demolition of the temporary structures erected by him for the purpose of providing living accommodation, cooking place or other facilities to the building workers as required under sub-section (1) and restore the ground in good level and clean condition. (4) In case an employer is given any land by a Municipal Board or any other local authority for the purposes of providing temporary accommodation for the building workers under this section, he shall, as soon as may be after the construction work is over, return the possession of such land in the same condition in which he received the same. **35. Creches.—(1) In every place wherein, more than fifty female building workers are ordinarily** employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female workers. (2) Such rooms shall— (a) provide adequate accommodation; (b) be adequately lighted and ventilated; (c) be maintained in a clean and sanitary condition; (d) be under the charge of women trained in the care of children and infants. **36. First-aid.—Every employer shall provide in all the places where building or other construction** work is carried on such first-aid facilities as may be prescribed. **37. Canteens, etc.—The appropriate Government may, by rules, require the employer—** (a) to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed, a canteen for the use of the workers; (b) to provide such other welfare measures for the benefit of building workers as may be prescribed. CHAPTER VII SAFETY AND HEALTH MEASURES **38. Safety Committee and safety officers.—(1) In every establishment wherein five hundred or** more building workers are ordinarily employed, the employer shall constitute a Safety Committee consisting of such number of representatives of the employer and the building workers as may be prescribed by the State Government: Provided that the number of persons representing the workers, shall, in no case, be less than the persons representing the employer. (2) In every establishment referred to in sub-section (1), the employer shall also appoint a safety officer who shall possess such qualifications and perform such duties as may be prescribed. **39. Notice of certain accidents.—(1) Where in any establishment an accident occurs which causes** death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed, the employer shall give notice thereof to such authority, in such form and within such time as may be prescribed. (2) On receipt of a notice under sub-section (1) the authority referred to in that sub-section may make such investigation or inquiry as it considers necessary. (3) Where a notice given under sub-section (1) relates to an accident causing death of five or more persons, the authority shall make an inquiry into such accident within one month of the receipt of the notice. **40. Power of appropriate Government to make rules for the safety and health of building** **workers.—(1) The appropriate Government may, by notification, make rules regarding the measures to** be taken for the safety and health of building workers in the course of their employment and the ----- equipment and appliances necessary to be provided to them for ensuring their safety, health and protection, during such employment. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the safe means of access to, and the safety of, any working place, including the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground or from any part of a building or from a ladder or such other means of support; (b) the precautions to be taken in connection with the demolition of the whole or any substantial part of a building or other structure under the supervision of a competent person and the avoidance of danger from collapse of any building or other structure while removing any part of the framed building or other structure by shoring or otherwise; (c) the handling or use of explosive under the control of competent persons so that there is no exposure to the risk of injury from explosion or from flying material; (d) the erection, installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to drive or operate such equipment; (e) the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination and heat treatment, where necessary, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances; (f) the adequate and suitable lighting of every workplace and approach thereto, of every place where raising or lowering operations with the use of hoists, lifting appliances or lifting gears are in progress and of all openings dangerous to building workers employed; (g) the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to secure and maintain adequate ventilation of every working place or confined space; (h) the measures to be taken during stacking or unstacking, stowing or unstowing of materials or goods or handling in connection therewith; (i) the safeguarding of machinery including the fencing of every fly-wheel and every moving part of a prime mover and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working on any of the operations and as if it were securely fenced; (j) the safe handling and use of plant, including tools and equipment operated by compressed air; (k) the precautions to be taken in case of fire; (l) the limits of weight to be lifted or moved by workers; (m) the safe transport of workers to or from any workplace by water and provision of means for rescue from drowning; (n) the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires; (o) the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers; (p) the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains and accessories, earth moving equipments and floating operational equipments; (q) the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, tar or other similar things, insulation work, demolition operations, excavation, underground construction and handling materials; ----- (r) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and health of the building workers, the administrative arrangements therefor and the matters connected therewith, to be framed by the employers and contractors for the operations to be carried on in a building or other construction work; (s) the information to be furnished to the Bureau of Indian Standards established under the Bureau of Indian Standards Act, 1986 (63 of 1986), regarding the use of any article or process covered under that Act in a building or other construction work; (t) the provision and maintenance of medical facilities for building workers; (u) any other matter concerning the safety and health of workers working in any of the operations being carried on in a building or other construction work. **41. Framing of model rules for safety measures.—The Central Government may, after considering** the recommendation of the expert committee constituted under section 5, frame model rules in respect of all or any of the matters specified in section 40 and where any such model rules have been framed in respect of any such matter, the appropriate Government shall, while making any rules in respect of that matter under section 40, so far as is practicable, conform to such model rules. CHAPTER VIII INSPECTING STAFF **42. Appointment of Director-General, Chief Inspector and Inspectors.—(1) The Central** Government may, by notification, appoint a Gazetted Officer of that Government to be the DirectorGeneral of Inspection who shall be responsible for laying down the standards of inspection and shall also exercise the powers of an Inspector throughout India in relation to all the establishments for which the Central Government is the appropriate Government. (2) The State Government may, by notification, appoint a Gazetted Officer of that Government to be the Chief Inspector of Inspection of Building and Construction who shall be responsible for effectively carrying out the provisions of this Act in the State and shall also exercise the powers of an Inspector under this Act throughout the State in relation to establishments for which the State Government is the appropriate Government. (3) The appropriate Government may, by notification, appoint such number of its officers as it thinks fit to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (4) Every Inspector appointed under this section shall be subject to the control of the Director-General or the Chief Inspector, as the case may be, and shall exercise his powers and perform his functions under this Act subject to general control and supervision of the Director-General or the Chief Inspector. (5) The Director-General, the Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **43. Powers of Inspectors.—(1) Subject to any rules made in this behalf, an Inspector may, within the** local limits for which he is appointed,— (a) enter, at all reasonable hours, with such assistants (if any) being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where building or other construction work is carried on, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this Act, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a building worker employed therein; (c) require any person giving out building or other construction work to any building worker, to give any information, which is in his power to give with respect to the names and addresses of the ----- persons to, for and whom the building or other construction work is given out or received, and with respect to the payments to be made for the building or other construction work; (d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the employer; and (e) exercise such other powers as may be prescribed. (2) For the purposes of this section, the Director-General or the Chief Inspector, as the case may be, may employ experts or agencies having such qualifications and experience and on such terms and conditions as may be prescribed. (3) Any person required to produce any document or to give any information required by an Inspector under sub-section (1) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to such search or seizure under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code. CHAPTER IX SPECIAL PROVISIONS **44. Responsibility of employers.—An employer shall be responsible for providing constant and** adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents. **45. Responsibility for payment of wages and compensation.—(1) An employer shall be responsible** for payment of wages to each building worker employed by him and such wages shall be paid on or before such date as may be prescribed. (2) In case the contractor fails to make payment of compensation in respect of a building worker employed by him, where he is liable to make such payment when due, or makes short payment thereof, then, in the case of death or disablement of the building worker, the employer shall be liable to make payment of that compensation in full or the unpaid balance due in accordance with the provisions of the Workmen's Compensation Act, 1923 (8 of 1923), and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. **46. Notice of commencement of building or other construction work.—(1) An employer shall, at** least thirty days before the commencement of any building or other construction work, send or cause to be sent to the Inspector having jurisdiction in the area where the proposed building or other construction work is to be executed, a written notice containing— (a) the name and situation of the place where the building or other construction work is proposed to be carried on; (b) the name and address of the person who is undertaking the building or other construction work; (c) the address to which communications relating to the building or other construction work may be sent; (d) the nature of the work involved and the facilities, including any plant and machinery, provided; (e) the arrangements for the storage of explosives, if any, to be used in the building or other construction work; (f) the number of workers likely to be employed during the various stages of building or other construction work; ----- (g) the name and designation of the person who will be in overall charge of the building or other construction work at the site; (h) the approximate duration of the work; (i) such other matters as may be prescribed. (2) Where any change occurs in any of the particulars furnished under sub-section (1), the employer shall intimate the change to the Inspector within two days of such change. (3) Nothing contained in sub-section (1) shall apply in case of such class of building or other construction work as the appropriate Government may by notification specify to be emergent works. CHAPTER X PENALTIES AND PROCEDURE **47. Penalty for contravention of provisions regarding safety measures.—(1) Whoever contravenes** the provisions of any rules made under section 40 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. (2) If any person who has been convicted of any offence punishable under sub-section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months or with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees or with both: Provided that for the purposes of this sub-section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted: Provided further that the authority imposing the penalty, if it is satisfied that there are exceptional circumstances warranting such a course may, after recording its reasons in writing, impose a fine of less than five hundred rupees. **48. Penalty for failure to give notice of the commencement of the building or other construction** **work.—Where an employer fails to give notice of the commencement of the building or other** construction work under section 46, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both. **49. Penalty for obstructions.—(1) Whoever obstructs an Inspector in the discharge of his duties** under this Act or refuses or wilfully neglects to afford the Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before, or being examined by, an Inspector acting in pursuance of his duties under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **50. Penalty for other offences.—(1) Whoever contravenes any other provision of this Act or any** rules made thereunder or who fails to comply with any provision of this Act or any rules made thereunder shall, where no express penalty is elsewhere provided for such contravention or failure, be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be, with an additional fine which may extend to one hundred rupees for every day during which such contravention or failure continues after the conviction for the first such contravention or failure. ----- (2) A penalty under sub-section (1) may be imposed— (a) by the Director-General where the contravention or failure relates to a matter to which the appropriate Government is the Central Government; and (b) by the Chief Inspector where the contravention or failure relates to a matter to which the appropriate Government is the State Government. (3) No penalty shall be imposed unless the person concerned is given a notice in writing— (a) informing him of the grounds on which it is proposed to impose a penalty; and (b) giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter. (4) Without prejudice to any other provision contained in this Act, the Director-General and the Chief Inspector shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while exercising any powers under this section, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (5) Nothing contained in this section shall be construed to prevent the person concerned from being prosecuted under any other provision of this Act or any other law for any offence made punishable by this Act or by that other law, as the case may be, or for being liable under this Act or any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punished twice for the same offence. **51. Appeal.—(1) Any person aggrieved by the imposition of any penalty under section 50 may prefer** an appeal— (a) where the penalty has been imposed by the Director-General, to the Central Government; (b) where the penalty has been imposed by the Chief Inspector, to the State Government, within a period of three months from the date of communication to such person of the imposition of such penalty: Provided that the Central Government or the State Government, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring an appeal within the aforesaid period of three months, allow such appeal to be preferred within a further period of three months. (2) The appellate authority may, after giving the appellant an opportunity of being heard, if he so desires, and after making such further inquiry, if any, as it may consider necessary, pass such order as it thinks fit confirming, modifying or reversing the order appealed against or may send back the case with such directions as it may think fit for a fresh decision. **52. Recovery of penalty.—Where any penalty imposed on any person under section 50 is not paid,—** (i) the Director-General or, as the case may be, the Chief Inspector may deduct the amount so payable from any money owing to such person which may be under his control; or (ii) the Director-General or, as the case may be, the Chief Inspector may recover the amount so payable by detaining or selling the goods belonging to such person which are under his control; or (iii) if the amount cannot be recovered from such person in the manner provided in clause (i) or clause (ii), the Director-General or, as the case may be, the Chief Inspector may prepare a certificate ----- signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business and the said Collector, on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue. **53. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) ”company” means any body corporate and includes a firm or other association of individuals; and (b) ”director”, in relation to a firm, means a partner in the firm. **54. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under this** Act except on a complaint— (a) made by, or with the previous sanction in writing of, the Director-General or the Chief Inspector; or (b) made by an office-bearer of a voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860); or (c) made by an office-bearer of any concerned trade union registered under the Trade Unions Act, 1926 (16 of 1926). (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **55. Limitation of prosecutions.—No court shall take congizance of an offence punishable under this** Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the Director-General, the Chief Inspector, an office-bearer of a voluntary organisation or, as the case may be, an office-bearer of any concerned trade union. CHAPTER XI MISCELLANEOUS **56. Delegation of powers.—A Board may, by general or special order, delegate to the Chairperson or** any other member or to the Secretary or any other officer or employee of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary. **57. Returns.—Every Board shall furnish from time to time to the Central Government and to the State** Government such returns as they may require. **58. Application of Act 8 of 1923 to building workers.—The provisions of the Workmen's** Compensation Act, 1923, shall so far as may be, apply to building workers as if the employment to which this Act applies had been included in the Second Schedule to that Act. ----- **59. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No prosecution or other legal proceeding shall lie against the Government, any Board or Committees constituted under this Act or any member of such Board or any officer or employee of the Government or the Board or any other person authorised by the Government or any Board or committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or issued thereunder. **60. Power of Central Government to give directions.—The Central Government may give** directions to the Government of any State or to a Board as to the carrying into execution in that State of any of the provisions of this Act. **61. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **62. Power to make rules.—(1) The appropriate Government may, after consultation with the expert** committee, by notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number of persons to be appointed as members representing various interests on the Central Advisory Committee and the State Advisory Committees, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies under sub-section (3) of section 3 or, as the case may be, under sub-section (3) of section 4; (b) the fees and allowances that may be paid to the members of the expert committee for attending its meetings under sub-section (2) of section 5; (c) the form of application for the registration of an establishment, the levy of fees therefor and the particulars it may contain under sub-section (2) of section 7; (d) the form of certificate of registration, the time within which and the conditions subject to which such certificate may be issued under sub-section (3) of section 7; (e) the form in which the change in ownership or management or other particulars shall be intimated to the registering officer under sub-section (4) of section 7; (f) the form in which an application for registration as a beneficiary shall be made under sub-section (2) of section 12; (g) the document and the fee which shall accompany the application under sub-section (3) of section 12; (h) the registers which the Secretary of the Board shall cause to be maintained under sub-section (6) of section 12; (i) the benefits which may be given under sub-section (2) of section 14; (j) the form in which register of beneficiaries shall be maintained under section 15; (k) the terms and conditions of appointment, the salaries and other allowances payable to, and the manner of filling of casual vacancies of, the Chairperson and other members of the Board under sub-section (4) of section 18; ----- (l) the terms and conditions of service and the salaries and allowances payable to the Secretary and the other officers and employees of the Board under sub-section (3) of section 19; (m) the time and place of the meeting of the Board and the rules of procedure to be followed at such meeting under sub-section (1) of section 20 including quorum necessary for the transaction of business; (n) the amount payable as house building loans or advances, the terms and conditions of such payment under clause (c), educational assistance under clause (e), medical expenses payable and the persons who shall be the dependent of the beneficiaries under clause (f), and the other welfare measures for which provision may be made under clause (h), of sub-section (1) of section 22; (o) the limits of grants-in-aid payable to the local authorities and employers under clause (b) of sub-section (3) of section 22; (p) the form in which and the time within which the budget of the Board shall be prepared and forwarded to Government under section 25; (q) the form in which and the time within which the annual report of the Board shall be submitted to the State Government and the Central Government under section 26; (r) the form of annual statement of accounts under sub-section (1), and the date before which the audited copy of the accounts together with the auditor's report shall be furnished under sub-section (4) of section 27: (s) the matters required to be provided under sub-section (1) of section 28 and the extent up to which, and the conditions subject to which, the provisions of that sub-section shall apply to the building workers under sub-section (2) of that section; (t) the registers and records that shall be maintained by the employer and the form in which such registers and records shall be maintained and the particulars to be included therein under sub-section (1) of section 30; (u) the form and manner in which a notice shall be exhibited and the particulars it may contain under sub-section (2) of section 30; (v) the issue of wage books or wage slips to building workers and the manner in which entries are to be made and authenticated in wage books or wage slips under sub-section (3) of section 30; (w) the types of latrines and urinals required to be provided under section 33; (x) the first-aid facilities which are to be provided under section 36; (y) the canteen facilities which are to be provided under clause (a) of section 37; (z) the welfare measures which are to be provided under clause (b) of section 37; (za) the number of representatives of the employer and the building workers under sub-section (1) of section 38 and the qualifications of safety officers and the duties to be performed by them under sub-section (2) of that section; (zb) the form of a notice of accident, other matters to be provided in this behalf and the time within which such notice shall be given under sub-section (1) of section 39; (zc) the rules to be made for the safety and health of building workers under section 40; (zd) the powers that may be exercised by an Inspector under clause (e) of sub-section (1) of section 43 and the qualifications and experience which the experts or agencies employed under sub-section (2) of that section shall possess and the terms and conditions on which such experts or agencies may be employed; (ze) the date on or before which wages shall be paid to a building worker under section 45; (zf) the matters which are required to be prescribed under clause (i) of sub-section (1) of section 46; ----- (zg) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House. **63. Saving of certain laws.—Nothing contained in this Act shall affect the operation of any** corresponding law in a State providing welfare schemes which are more beneficial to the building and other construction workers than those provided for them by or under this Act. **64. Repeal and saving.—(1) The Building and Other Construction Workers (Regulation of** Employment and Conditions of Service) Third Ordinance, 1996 (Ord. 25 of 1996), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. -----

26-Nov-1949

1

The constitution of india

https://www.indiacode.nic.in/bitstream/123456789/19150/1/constitution_of_india.pdf

Andaman and Nicobar Islands

# THE CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [1][SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [2][unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twentysixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Preamble. ----- Name and territory of the Union. Admission or establishment of new States. Formation of new States and alteration of areas, boundaries or names of existing States. ## PART I THE UNION AND ITS TERRITORY **1. (1) India, that is Bharat, shall be a Union of States.** 1[(2) The States and the territories thereof shall be as specified in the First Schedule.] (3) The territory of India shall comprise— (a) the territories of the States; 2[(b) the Union territories specified in the First Schedule; and] (c) such other territories as may be acquired. **2.** Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 32A. [Sikkim to be associated with the Union.] Rep. by the _Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f._ 26-4-1975). **3.** Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: 4[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2). 2Subs. by s. 2, _ibid., for sub-clause (b)._ ----- ( _y_ ) or name of any of the States [1]***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.] 2[Explanation I.—In this article, in clauses _(a) to_ _(e),_ "State'' includes a Union territory, but in the proviso, "State'' does not include a Union territory. _Explanation II.—The power conferred on Parliament_ by clause _(a) includes the power to form a new State or_ Union territory by uniting a part of any State or Union territory to any other State or Union territory.] **4. (1) Any law referred to in article 2 or article 3 shall** contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. ----- Citizenship at the commencement of the Constitution. Rights of citizenship of certain persons who have migrated to India from Pakistan. ## PART II CITIZENSHIP **5.** At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. **6. Notwithstanding anything in article 5, a person** who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless ----- ( _p_ ) **7. Notwithstanding anything in articles 5 and 6, a** person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. **8. Notwithstanding anything in article 5, any person** who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. **9. No person shall be a citizen of India by virtue of** article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. **10. Every person who is or is deemed to be a citizen** of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. **11. Nothing in the foregoing provisions of this Part** shall derogate from the power of Parliament to make Rights of citizenship of certain migrants to Pakistan. Rights of citizenship of certain persons of Indian origin residing outside India. Persons voluntarily acquiring citizenship of a foreign State not to be citizens. Continuance of the rights of citizenship. Parliament to regulate the right f iti hi b ----- Definition. Laws inconsistent with or in derogation of the fundamental rights. Equality before law. ## PART III FUNDAMENTAL RIGHTS _General_ **12. In this Part, unless the context otherwise requires,** “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. **13.** **(1) All laws in force in the territory of India** immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. 1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.] _Right to Equality_ **14.** The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India ----- ( _g_ ) **15.** (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. 1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.] 2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.] **16. (1) There shall be equality of opportunity for all** citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or l f l i ffi Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Equality of opportunity in matters of public employment. ----- Abolition of Untouchability. Abolition of titles. ( _g_ ) 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 2[(4A) Nothing in this article shall prevent the State from making any provision for reservation [3][in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.] 4[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.] (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. **17. “Untouchability” is abolished and its practice in** any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. **18. (1) No title, not being a military or academic** distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State”. 2Ins by the Constitution (Seventy-seventh Amendment) Act 1995 s 2 ----- ( _g_ ) (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. _Right to Freedom_ **19. (1) All citizens shall have the right—** (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; [1][and] 2* * * * * (g) to practise any profession, or to carry on any occupation, trade or business. 3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [4][the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.] (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [4][the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [4][the sovereignty and Protection of certain rights regarding freedom of speech, etc. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979). 2Sub-clause (f) omitted by s 2 ibid (w e f 20-6-1979) ----- Protection in respect of conviction for offences. Protection of life and personal liberty. ( _g_ ) integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in [1][sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, [2][nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,— (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise]. **20. (1) No person shall be convicted of any offence** except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. **21. No person shall be deprived of his life or personal** liberty except according to procedure established by law. ----- ( _g_ ) *[21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.] **22. (1) No person who is arrested shall be detained in** custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply— (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. **(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed Right to education. Protection against arrest and detention in certain cases. *Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (which is not yet in force, date to be notified later on). **Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on) as— “(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in acordance with the recommendations of the Chief Justice of the appropriate Hight Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other menbers shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7). _Explanation.—In this clause, “appropriate High Court” means,—_ (i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for the State; and ----- ( _g_ ) as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe— *(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); **(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under ***[sub-clause (a) of clause (4)]. *Sub-clause (a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on). **S b l (b) h ll t d l tt d b l ( ) b 3 ibid ( hi h i t t i ----- ( _g_ ) _Right against Exploitation_ **23.** (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. **24. No child below the age of fourteen years shall be** employed to work in any factory or mine or engaged in any other hazardous employment. _Right to Freedom of Religion_ **25. (1) Subject to public order, morality and health** and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. _Explanation I.—The wearing and carrying of_ _kirpans_ shall be deemed to be included in the profession of the Sikh religion. _Explanation II.—In sub-clause (b) of clause (2), the_ reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. **26. Subject to public order, morality and health, every** religious denomination or any section thereof shall have the right— Prohibition of traffic in human beings and forced labour. Prohibition of employment of children in factories, etc. Freedom of conscience and free profession, practice and propagation of religion. Freedom to manage religious affairs. ----- Freedom as to payment of taxes for promotion of any particular religion. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Protection of interests of minorities. Right of minorities to establish and administer educational institutions. ( _g_ ) (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. **27. No person shall be compelled to pay any taxes,** the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. **28. (1) No religious instruction shall be provided in** any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. _Cultural and Educational Rights_ **29. (1) Any section of the citizens residing in the** territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. **30. (1) All minorities, whether based on religion or** language, shall have the right to establish and administer educational institutions of their choice. 1[(1A) In making any law providing for the compulsory acquisition of any property of an educational ----- ( _g_ ) referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 1* * * **31. [Compulsory acquisition of property.]** _Rep. by the_ _Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f._ 20-6-1979). [2][Saving of Certain Laws] 3[31A. 4[(1) Notwithstanding anything contained in article 13, no law providing for— (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or Saving of laws providing for acquisition of estates, etc. 1The sub-heading “Right to Property” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979). 2I b th C tit ti (F t d A d t) A t 1976 3 ( f 3 1 1977) ----- ( _g_ ) (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [1][article 14 or article 19]: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:] 2[Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.] (2) In this article,— 3[(a) the expression ''estate'' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include— (i) any jagir, inam or muafi or other similar grant and in the States of [ 4][Tamil Nadu] and Kerala, any janmam right; 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14, article 19 or article 31” (w.e.f. 20-6-1979). 2 b h C (S h d ) ----- ( _g_ ) (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;] (b) the expression ''rights'', in relation to an estate, shall include any rights vesting in a proprietor, subproprietor, under-proprietor, tenure-holder, [1][raiyat, _under-raiyat] or other intermediary and any rights or_ privileges in respect of land revenue.] 2[31B. Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.] [3][31C. Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing [4][all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [5][article 14 or article 19]; [ 6]and no law Validation of certain Acts and Regulations. Saving of laws giving effect to certain directive principles. 1Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect). 2Ins. by the Constitution (First Amendment) Act, 1951, s. 5. 3Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972). 4Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others (1980) 2. S.C.C. 591. 5S b b th C tit ti (F t f th A d t) A t 1978 8 f “ ti l 14 ----- Remedies for enforcement of rights conferred by this Part. ( _g_ ) _containing a declaration that it is for giving effect to such_ _policy shall be called in question in any court on the ground_ _that it does not give effect to such policy:_ Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent. [1]31D. [Saving of laws in respect of anti-national activities.] _Rep. by the Constitution (Forty-third Amendment) Act, 1977,_ _s. 2 (w.e.f. 13-4-1978)._ _Right to Constitutional Remedies_ **32.** (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of _habeas corpus, mandamus, prohibition, quo warranto and_ _certiorari, whichever may be appropriate, for the_ enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. 232A. [Constitutional validity of State laws not to be _considered in proceedings under article 32.]_ _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f._ 13-4-1978). ----- ( _g_ ) 1[33. Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,— (a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.] **34. Notwithstanding anything in the foregoing** provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. **35. Notwithstanding anything in this Constitution,—** (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws— (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts hi h d l d t b ff d thi P t Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. Restriction on rights conferred by this Part while martial law is in force in any area. Legislation to give effect to the provisions of this Part. ----- ( _g_ ) and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. _Explanation.—In this article, the expression “law in_ force” has the same meaning as in article 372. ----- ## PART IV DIRECTIVE PRINCIPLES OF STATE POLICY **36. In this Part, unless the context otherwise requires,** “the State” has the same meaning as in Part III. **37. The provisions contained in this Part shall not be** enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. **38.** [1][(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. 2[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.] **39. The State shall, in particular, direct its policy** towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; Definition. Application of the principles contained in this Part. State to secure a social order for the promotion of welfare of the people. Certain principles of policy to be followed by the State. ----- Equal justice and free legal aid. Organisation of village panchayats. Right to work, to education and to public assistance in certain cases. Provision for just and humane conditions of work and maternity relief. Living wage, etc., for workers. ( _p_ _f_ _y_ _Arts. 39—43.)_ (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 1[(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.] 2[39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.] **40. The State shall take steps to organise village** panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. **41. The State shall, within the limits of its economic** capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. **42. The State shall make provision for securing just** and humane conditions of work and for maternity relief. **43.** The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent ----- ( _p_ _f_ _y_ _Arts. 43—48A.)_ standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. 1[43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.] **44. The State shall endeavour to secure for the citizens** a uniform civil code throughout the territory of India. ***[45. The State shall endeavour to provide, within a** period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.] **46. The State shall promote with special care the** educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. **47. The State shall regard the raising of the level of** nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. **48. The State shall endeavour to organise agriculture** and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. Participation of workers in management of industries. Uniform civil code for the citizens. Provision for free and compulsory education for children. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Organisation of agriculture and animal husbandry. 1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977). ***Art. 45 shall stand substituted by the Constitution (Eighty-sixth Amendment) Act,** 2002 3 ( hi h i t t i f d t t b tifi d l t ) ----- Protection and improvement of environment and safeguarding of forests and wild life. Protection of monuments and places and objects of national importance. Separation of judiciary from executive. Promotion of international peace and security. ( _p_ _f_ _y_ _Arts. 48A—51.)_ 1[48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.] **49. It shall be the obligation of the State to protect** every monument or place or object of artistic or historic interest, [2][declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. **50. The State shall take steps to separate the judiciary** from the executive in the public services of the State. **51. The State shall endeavour to—** (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and (d) encourage settlement of international disputes by arbitration. 1I b th C tit ti (F t d A d t) A t 1976 10 ( f ----- 1[PART IVA ## FUNDAMENTAL DUTIES **51A. It shall be the duty of every citizen of India—** (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; *[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.] Fundamental duties. ----- The President of India. Executive power of the Union. Election of President. ## PART V THE UNION CHAPTER I.—THE EXECUTIVE _The President and Vice-President_ **52. There shall be a President of India.** **53. (1) The executive power of the Union shall be** vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall— (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. **54. The President shall be elected by the members of** an electoral college consisting of— (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. 1[Explanation.—In this article and in article 55, ''State'' includes the National Capital Territory of Delhi and the Union territory of *Pondicherry.] ----- ( ) **55. (1) As far as practicable, there shall be uniformity** in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States _inter se as well as parity between the_ States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:— (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding onehalf being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. 1[Explanation.—In this article, the expression ''population'' means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have Manner of election of President. ----- Term of office of President. Eligibility for reelection. Qualifications for election as President. ( ) been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the 1971 census.] **56. (1) The President shall hold office for a term of** five years from the date on which he enters upon his office: Provided that— (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. **57. A person who holds, or who has held, office as** President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. **58. (1) No person shall be eligible for election as** President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. ----- ( ) _Explanation.—For the purposes of this article, a person_ shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor [1]*** of any State or is a Minister either for the Union or for any State. **59. (1) The President shall not be a member of either** House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. **60. Every President and every person acting as** President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say— "I, A.B., do swear in the name of God that I will faithsolemnly affirm fully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Conditions of President's office. Oath or affirmation by the President. ----- Procedure for impeachment of the President. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy. ( ) Constitution and the law and that I will devote myself to the service and well-being of the people of India”. **61. (1) When a President is to be impeached for** violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. **62. (1) An election to fill a vacancy caused by the** expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible ft d i l t th i th f th d t ----- ( ) be entitled to hold office for the full term of five years from the date on which he enters upon his office. **63.** There shall be a Vice-President of India. **64. The Vice-President shall be ex officio Chairman of** the Council of States and shall not hold any other office of profit: Provided that during any period when the VicePresident acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97. **65. (1) In the event of the occurrence of any vacancy** in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. **66. (1) The Vice-President shall be elected by the** 1[members of an electoral college consisting of the members of both Houses of Parliament] in accordance The Vice-President of India. The Vice-President to be _ex officio_ Chairman of the Council of States. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. Election of VicePresident. ----- Term of office of Vice-President. ( ) with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. (2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. (3) No person shall be eligible for election as VicePresident unless he— (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible for election as VicePresident if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. _Explanation.—For the purposes of this article, a person_ shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor [1]*** of any State or is a Minister either for the Union or for any State. **67. The Vice-President shall hold office for a term of** five years from the date on which he enters upon his office: Provided that— (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; ----- ( ) (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution; (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. **68.** (1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of VicePresident occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office. **69. Every Vice-President shall, before entering upon** his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say— “I, A.B., do [swear in the name of God] that I will bear true solemnly affirm Time of holding election to fill vacancy in the office of VicePresident and the term of office of person elected to fill casual vacancy. Oath or affirmation by the VicePresident. faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.” **70. Parliament may make such provisions as it thinks** fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. 1[71. (1) All doubts and disputes arising out of or in connection with the election of a President or VicePresident shall be inquired into and decided by the Supreme Court whose decision shall be final. Discharge of President's functions in other contingencies. Matters relating to, or connected with, the election of a President or Vice-President. ----- Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. ( ) (2) If the election of a person as President or VicePresident is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or VicePresident, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or VicePresident. (4) The election of a person as President or VicePresident shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.] **72. (1) The President shall have the power to grant** pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence— (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor [1]*** of a State under any law for the time being in force. ----- ( ) **73. (1) Subject to the provisions of this Constitution,** the executive power of the Union shall extend— (a) to the matters with respect to which Parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in subclause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State [1]*** to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution. _Council of Ministers_ **74.** [ 2][(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:] 3[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.] (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. Extent of executive power of the Union. Council of Ministers to aid and advise President. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by th C tit ti (S th A d t) A t 1956 29 d S h ----- Other provisions as to Ministers. Attorney-General for India. ( ) **75. (1) The Prime Minister shall be appointed by the** President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. 1[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.] (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People. (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. _The Attorney-General for India_ **76. (1) The President shall appoint a person who is** qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to d h G f I d h l l ----- ( ) matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) In the performance of his duties the AttorneyGeneral shall have right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. _Conduct of Government Business_ **77.** (1) All executive action of the Government of India shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules[1 ]to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. [2]* - - **78. It shall be the duty of the Prime Minister—** (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and Conduct of business of the Government of India. Duties of Prime Minister as respects the furnishing of information to the President, etc. 1See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of India, E t di 1958 Pt II S 3(ii) 1315 d d f ti t ti ----- Constitution of Parliament. Composition of the Council of States. ( ) (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. CHAPTER II.—PARLIAMENT _General_ **79. There shall be a Parliament for the Union which** shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. **80. (1)** [1][[2]*** The Council of States] shall consist of— (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States [3][and of the Union territories.] (2) The allocation of seats in the Council of States to be filled by representatives of the States [3][and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service. (4) The representatives of each State [4]*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the [5][Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe. 1Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of States” (w.e.f. 1-3-1975). 2The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 3Add d b th C tit ti (S th A d t) A t 1956 3 ----- ( ) 1[81. (1) 2[Subject to the provisions of article 331 3***], the House of the People shall consist of— (a) not more than [4][five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and (b) not more than [5][twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause (a) of clause (1),— (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: 6[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.] (3) In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: 7[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [8][2026] have been published, 9[be construed,— Composition of the House of the People. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 4, for arts. 81 and 82. 2Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the provisions of article 331” (w.e.f. 1-3-1975). 3The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “five hundred and twenty-five members” (w.e.f. 30-5-1987). 5Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five members”. 6I b 2 ibid ----- Readjustment after each census. Duration of Houses of Parliament. ( ) (i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause (b) of clause (2) as a reference to the [1][2001] census.]] **82. Upon the completion of each census, the allocation** of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: 2[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year [3][2026] have been published, it shall not be necessary to [4][readjust— (i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may be readjusted on the basis of the [5][2001] census, under this article.]] **83. (1) The Council of States shall not be subject to** dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. 1Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for “1991”. ----- ( ) (2) The House of the People, unless sooner dissolved, shall continue for [1][five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [1][five years] shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. **84. A person shall not be qualified to be chosen to fill** a seat in Parliament unless he— 2[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. 3[85. (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the People.] **86. (1) The President may address either House of** Parliament or both Houses assembled together, and for that purpose require the attendance of members. Qualification for membership of Parliament. Sessions of Parliament, prorogation and dissolution. Right of President to address and send messages to Houses. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for “six years” ( f 20 6 1979) Th d “ i ” b f th i i l d “fi ” b ----- Special address by the President. Rights of Ministers and AttorneyGeneral as respects Houses. The Chairman and Deputy Chairman of the Council of States. Vacation and resignation of, and removal from, the office of Deputy Chairman. ( ) (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. **87. (1) At the commencement of** [1][the first session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address [2]***. **88. Every Minister and the Attorney-General of India** shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. _Officers of Parliament_ **89. (1) The Vice-President of India shall be** _ex officio_ Chairman of the Council of States. (2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. **90. A member holding office as Deputy Chairman of** the Council of States— (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: ----- ( ) Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. **91. (1) While the office of Chairman is vacant, or** during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. **92. (1) At any sitting of the Council of States, while** any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. **93. The House of the People shall, as soon as may be,** choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. The Speaker and Deputy Speaker of the House of the People. ----- Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. The Speaker or the Deputy Speaker not to preside while a resolution for his removal f ffi i ( ) **94. A member holding office as Speaker or Deputy** Speaker of the House of the People— (a) shall vacate his office if he ceases to be a member of the House of the People; (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution. **95. (1) While the office of Speaker is vacant, the duties** of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. (2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker. **96. (1) At any sitting of the House of the People, while** any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his ffi i d id ti th D t S k h ll ----- ( ) such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. **97. There shall be paid to the Chairman and the** Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. **98. (1) Each House of Parliament shall have a separate** secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament. (3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House f th P l th C il f St t d l Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. Secretariat of Parliament. ----- Oath or affirmation by members. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Vacation of seats. ( ) _Conduct of Business_ **99. Every member of either House of Parliament shall,** before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. **100. (1) Save as otherwise provided in this** Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House. (4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum. _Disqualifications of Members_ **101. (1) No person shall be a member of both Houses** of Parliament and provision shall be made by Parliament b law for the acation b a person who is chosen a ----- ( ) (2) No person shall be a member both of Parliament and of a House of the Legislature of a State [1]***, and if a person is chosen a member both of Parliament and of a House of the Legislature of [2][a State], then, at the expiration of such period as may be specified in rules[3] made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State. (3) If a member of either House of Parliament— (a) becomes subject to any of the disqualifications mentioned in [4][clause (1) or clause (2) of article 102], or 5[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant: 6[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 29 and Sch., _ibid., “such a State”._ 3See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678. 4S b b th C tit ti (Fift d A d t) A t 1985 2 f “ l (1) f ----- Disqualifications for membership. Decision on questions as to disqualifications of members. ( ) which the House is prorogued or is adjourned for more than four consecutive days. **102. (1) A person shall be disqualified for being chosen** as, and for being, a member of either House of Parliament— (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. [1][Explanation.—For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. 2[(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.] 3[103. (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final. 1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the purposes of this article” (w.e.f. 1-3-1985) 2I b 3 ibid ( f 1 3 1985) ----- ( ) (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.] **104. If a person sits or votes as a member of either** House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union. _Powers, Privileges and Immunities of Parliament_ _and its Members_ **105. (1) Subject to the provisions of this Constitution** and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No member of Parliament shall be liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, [1][shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.] (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. ----- Salaries and allowances of members. Provisions as to introduction and passing of Bills. Joint sitting of both Houses in certain cases. ( ) take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament. **106. Members of either House of Parliament shall be** entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India. _Legislative Procedure_ **107. (1) Subject to the provisions of articles 109 and** 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. (2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. (4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People. (5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People. **108. (1) If after a Bill has been passed by one House** and transmitted to the other House— (a) the Bill is rejected by the other House; or ----- ( ) (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days. (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly. (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: Provided that at a joint sitting— (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it i i t d d t h ll b d t th ----- Special procedure in respect of Money Bills. ( ) (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein. **109. (1) A Money Bill shall not be introduced in the** Council of States. (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States. (3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People. (4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States. ----- ( ) People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People. **110. (1) For the purposes of this Chapter, a Bill shall** be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by Definition of “Money Bills”. ----- Assent to Bills. Annual financial statement. ( ) (3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill. **111. When a Bill has been passed by the Houses of** Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom: Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom. _Procedure in Financial Matters_ **112. (1) The President shall in respect of every financial** year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the “annual financial statement”. (2) The estimates of expenditure embodied in the annual financial statement shall show separately— ----- ( ) (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of India— (a) the emoluments and allowances of the President and other expenditure relating to his office; (b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People; (c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court; (ii) the pensions payable to or in respect of Judges of the Federal Court; (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in [1][a Governor's Province of the Dominion of India]; (e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India; ----- Procedure in Parliament with respect to estimates. Appropriation Bills. ( ) (f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged. **113. (1) So much of the estimates as relates to** expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the President. **114. (1) As soon as may be after the grants under** article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet— (a) the grants so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament. (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the d i i f h idi h h ----- ( ) (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article. **115. (1) The President shall—** (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be. (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant. **116.** (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power— Supplementary, additional or excess grants. Votes on account, votes of credit and exceptional grants ----- Special provisions as to financial Bills. ( ) year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made. (2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure. **117. (1) A Bill or amendment making provision for** any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other ----- ( ) alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. _Procedure Generally_ **118. (1) Each House of Parliament may make rules for** regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses. (4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside. **119. Parliament may, for the purpose of the timely** completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any Rules of procedure. Regulation by law of procedure in Parliament in relation to financial business. ----- Language to be used in Parliament. Restriction on discussion in Parliament. Courts not to inquire into proceedings of Parliament. Power of President to promulgate O di d i ( ) effect in relation to Parliament under clause (2) of that article, such provision shall prevail. **120. (1) Notwithstanding anything in Part XVII, but** subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue. (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom. **121. No discussion shall take place in Parliament** with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. **122. (1) The validity of any proceedings in Parliament** shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT **123. (1) If at any time, except when both Houses of** Parliament are in session, the President is satisfied that ----- ( ) (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. _Explanation.—Where the Houses of Parliament are_ summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. 1* - - CHAPTER IV.—THE UNION JUDICIARY **124.** (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven[2 ]other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India Establishment and constitution of Supreme Court. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 ( t ti l ) d itt d b th C tit ti (F t f th A d t) A t 1978 ----- ( ) shall always be consulted: Provided further that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). 1[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. _Explanation I.—In this clause "High Court'' means a_ High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India. _Explanation II.—In computing for the purpose of this_ clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than twohi d f h b f h H d ----- ( ) voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. **125.** [1][(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. **126. When the office of Chief Justice of India is vacant** or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, Salaries, etc., of Judges. Appointment of acting Chief Justice. ----- Appointment of _ad hoc_ Judges. Attendance of retired Judges at sittings of the Supreme Court. ( ) the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. **127. (1) If at any time there should not be a quorum** of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an _ad hoc_ Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court. **128. Notwithstanding anything in this Chapter, the** Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [1][or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do ----- ( ) **129. The Supreme Court shall be a court of record** and shall have all the powers of such a court including the power to punish for contempt of itself. **130. The Supreme Court shall sit in Delhi or in such** other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. **131. Subject to the provisions of this Constitution, the** Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: 1[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, _sanad or other similar instrument which,_ having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.] 2131A. [Exclusive jurisdiction of the Supreme Court in _regard to questions as to constitutional validity of Central_ _laws.] Rep. by the Constitution (Forty-third Amendment) Act,_ 1977, _s. 4 (w.e.f._ 13-4-1978). **132. (1) An appeal shall lie to the Supreme Court** from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or Supreme Court to be a court of record. Seat of Supreme Court. Original jurisdiction of the Supreme Court. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases ----- Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters. ( ) other proceeding, [1][if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution. 2* - * * (3) Where such a certificate is given, [3]*** any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided [3]***. _Explanation.—For the purposes of this article, the_ expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. **133.** [4][(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India [5][if the High Court certifies under article 134A—] (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High Court certifies” (w.e.f. 1-8-1979). 2Cl. (2) omitted by s. 17, _ibid. (w.e.f. 1-8-1979)._ 3Certain words omitted by s. 17, _ibid. (w.e.f. 1-8-1979)._ 4S b b th C tit ti (Thi ti th A d t) A t 1972 2 f l (1) ( f ----- ( ) **134.** (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) [1][certifies under article 134A] that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require. (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. 2[134A. Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,— (a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature Appellate jurisdiction of Supreme Court in regard to criminal matters. Certificate for appeal to the Supreme Court. ----- Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. Special leave to appeal by the Supreme Court. Review of judgments or orders by the Supreme Court. Enlargement of the jurisdiction of the Supreme Court. Conferment on the Supreme Court of powers to issue certain ( ) referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.] **135. Until Parliament by law otherwise provides, the** Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. **136. (1) Notwithstanding anything in this Chapter,** the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. **137. Subject to the provisions of any law made by** Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. **138. (1) The Supreme Court shall have such further** jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. **139. Parliament may by law confer on the Supreme** Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, ----- ( ) 1[139A. 2[(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.] (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.] **140. Parliament may by law make provision for** conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. **141. The law declared by the Supreme Court shall be** binding on all courts within the territory of India. **142. (1) The Supreme Court in the exercise of its** jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or Transfer of certain cases. Ancillary powers of Supreme Court. Law declared by Supreme Court to be binding on all courts. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. ----- Power of President to consult Supreme Court. Civil and judicial authorities to act in aid of the Supreme Court. ( ) order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order[1 ]prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. **143. (1) If at any time it appears to the President that** a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. (2) The President may, notwithstanding anything in 2*** the proviso to article 131, refer a dispute of the kind mentioned in the [3][said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon. **144. All authorities, civil and judicial, in the territory** of India shall act in aid of the Supreme Court. 4144A. [Special provisions as to disposal of questions _relating to constitutional validity of laws.]_ _Rep. by the_ _Constitution (Forty-third Amendment)_ _Act,_ 1977, s. 5 (w.e.f. 13-4-1978). 1See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C. O. 47). 2Th d b k t d fi “ l (i) f” itt d b th C tit ti (S th ----- ( ) **145. (1) Subject to the provisions of any law made by** Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including— (a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered; (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III; 1[(cc) rules as to the proceedings in the Court under [2][article 139A];] (d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134; (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered; (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein; (g) rules as to the granting of bail; (h) rules as to stay of proceedings; (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay; (j) rules as to the procedure for inquiries referred to in clause (1) of article 317. Rules of Court, etc. ----- Officers and servants and the expenses of the Supreme Court. ( ) (2) Subject to the [1][provisions of [2]*** clause (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts. (3) [3][[2]*** The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. (4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court. (5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion. **146. (1) Appointments of officers and servants of the** Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “provisions of clause (3)” (w.e.f. 1-2-1977). 2C t i d itt d b th C tit ti (F t thi d A d t) A t 1977 6 ----- ( ) Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President. (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund. **147. In this Chapter and in Chapter V of Part VI,** references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder. CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA **148. (1) There shall be a Comptroller and Auditor-** General of India who shall be appointed by the President Interpretation. Comptroller and Auditor-General of India ----- Duties and powers of the Comptroller and Auditor-General. ( ) (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General. (6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of the persons serving in that office, shall be charged upon the Consolidated Fund of India. **149. The Comptroller and Auditor-General shall** perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under ----- ( ) of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively. [1][150. The accounts of the Union and of the States shall be kept in such form as the President may, [2][on the advice of] the Comptroller and Auditor-General of India, prescribe.] **151. (1) The reports of the Comptroller and Auditor-** General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. (2) The reports of the Comptroller and AuditorGeneral of India relating to the accounts of a State shall be submitted to the Governor [3]*** of the State, who shall cause them to be laid before the Legislature of the State. Form of accounts of the Union and of the States. Audit reports. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art. 150 (w.e.f. 1-4-1977). 2S b b th C tit ti (F t f th A d t) A t 1978 22 f “ ft ----- Definition. Governors of States. Executive power of State. Appointment of Governor. Term of office of Governor. ## PART VI THE STATES [1]*** CHAPTER I.—GENERAL **152. In this Part, unless the context otherwise requires,** the expression “State” [2][does not include the State of Jammu and Kashmir]. CHAPTER II.—THE EXECUTIVE _The Governor_ **153. There shall be a Governor for each State:** 3[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] **154. (1) The executive power of the State shall be** vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Nothing in this article shall— (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. **155. The Governor of a State shall be appointed by** the President by warrant under his hand and seal. **156. (1) The Governor shall hold office during the** pleasure of the President. 1The words “IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. ----- ( ) (2) The Governor may, by writing under his hand addressed to the President, resign his office. (3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. **157. No person shall be eligible for appointment as** Governor unless he is a citizen of India and has completed the age of thirty-five years. **158. (1) The Governor shall not be a member of either** House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor. (2) The Governor shall not hold any other office of profit. (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 1[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.] (4) The emoluments and allowances of the Governor shall not be diminished during his term of office. **159. Every Governor and every person discharging** the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in Qualifications for appointment as Governor. Conditions of Governor's office. Oath or affirmation by the Governor. ----- Discharge of the functions of the Governor in certain contingencies. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. Extent of executive power of State. Council of Ministers to aid and advise Governor. ( ) Judge of that Court available, an oath or affirmation in the following form, that is to say— “I, A. B., do [swear in the name of God] that I will faithfully solemnly affirm execute the office of Governor (or discharge the functions of the Governor) of .............(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..………(name _of the State).”_ **160. The President may make such provision as he** thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter. **161. The Governor of a State shall have the power to** grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. **162. Subject to the provisions of this Constitution, the** executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. _Council of Ministers_ **163. (1) There shall be a Council of Ministers with the** Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be ----- ( ) (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. **164. (1) The Chief Minister shall be appointed by the** Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of [1][Chhattisgarh, Jharkhand], Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. 2[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date* as the President may by public notification appoint. (1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.] Other provisions as to Ministers. ----- Advocate-General for the State. Conduct of business of the Government of a State. ( ) (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule. _The Advocate-General for the State_ **165.** (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. _Conduct of Government Business_ **166. (1) All executive action of the Government of a** State shall be expressed to be taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument ----- ( ) (3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion. 1* * * * * **167. It shall be the duty of the Chief Minister of each** State— (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. CHAPTER III.—THE STATE LEGISLATURE _General_ **168. (1) For every State there shall be a Legislature** which shall consist of the Governor, and— (a) in the States of [2][Andhra Pradesh,] Bihar, [3]*** 4[Madhya Pradesh], 5*** 6[Maharashtra], 7[Karnataka], 8*** 9[and Uttar Pradesh], two Houses; (b) in other States, one House. Duties of Chief Minister as respects the furnishing of information to Governor, etc. Constitution of Legislatures in States. 1Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23 (w.e.f. 20-6-1979). 2Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3 (w.e.f. 30-3-2007). 3The word “Bombay” omitted by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960). 4No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment) Act, 1956, for the insertion of the words “Madhya Pradesh” in this sub-clause. 5The words “Tamil Nadu,” omitted by Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986). 6Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960). 7Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for “Mysore” (w.e.f 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8(1). ----- Abolition or creation of Legislative Councils in States. Composition of the Legislative Assemblies. ( ) (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. **169. (1) Notwithstanding anything in article 168,** Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. (2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. 1[170. (1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. (2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. 2[Explanation.—In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: ----- ( ) Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the [2][2001] census.] (3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:] [3][Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year [1][2026] have been published, it shall not be necessary to [4][readjust— (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the [2][2001] census, under this clause.] **171.** (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [5][one-third] of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. Composition of the Legislative Councils. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”. 3I b h C i i (F d A d ) A 1976 29 ( f ----- ( ) (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). (3) Of the total number of members of the Legislative Council of a State— (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify; (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university; (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament; (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly; (e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote ----- ( ) having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art, co-operative movement and social service. **172. (1) Every Legislative Assembly of every State,** unless sooner dissolved, shall continue for [1][five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [1][five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. **173. A person shall not be qualified to be chosen to** fill a seat in the Legislature of a State unless he— 2[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Duration of State Legislatures. Qualification for membership of the State Legislature. 1S b b th C tit ti (F t f th A d t) A t 1978 24 f “ i ” ----- Sessions of the State Legislature, prorogation and dissolution. Right of Governor to address and send messages to the House or Houses. Special address by the Governor. Rights of Ministers and AdvocateGeneral as respects the Houses. ( ) 1[174. (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may from time to time— (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.] **175. (1) The Governor may address the Legislative** Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. (2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. **176.** (1) At the commencement of [2][the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address [3]***. **177. Every Minister and the Advocate-General for a** State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative 1S b b th C tit ti (Fi t A d t) A t 1951 8 f t 174 ----- ( ) Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. _Officers of the State Legislature_ **178. Every Legislative Assembly of a State shall, as** soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. **179. A member holding office as Speaker or Deputy** Speaker of an Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. **180. (1) While the office of Speaker is vacant, the** duties of the office shall be performed by the Deputy The Speaker and Deputy Speaker of the Legislative Assembly. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. Power of the Deputy Speaker or other person to ----- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. The Chairman and Deputy Chairman of the Legislative Council. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman. ( ) (2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker. **181. (1) At any sitting of the Legislative Assembly,** while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. **182. The Legislative Council of every State having** such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be. **183. A member holding office as Chairman or Deputy** Chairman of a Legislative Council— (a) shall vacate his office if he ceases to be a member of the Council; ----- ( ) Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. **184. (1) While the office of Chairman is vacant, the** duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. **185. (1) At any sitting of the Legislative Council,** while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled t t l i th fi t i t h l ti Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. ----- Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman. Secretariat of State Legislature. Oath or affirmation by members. Voting in Houses, power of Houses to act notwithstanding ( ) **186. There shall be paid to the Speaker and the Deputy** Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. **187. (1) The House or each House of the Legislature** of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature. (2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State. (3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause. _Conduct of Business_ **188. Every member of the Legislative Assembly or the** Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. **189. (1) Save as otherwise provided in this** Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a ----- ( ) The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or onetenth of the total number of members of the House, whichever is greater. (4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum. _Disqualifications of Members_ **190. (1) No person shall be a member of both Houses** of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other. (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules[1 ] made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States. (3) If a member of a House of the Legislature of a State— Vacation of seats. ----- Disqualifications for membership. ( ) (a) becomes subject to any of the disqualifications mentioned in [1][clause (1) or clause (2) of article 191]; or 2[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,] his seat shall thereupon become vacant: 3[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. **191. (1) A person shall be disqualified for being** chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State— (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; 1S b b th C tit ti (Fift d A d t) A t 1985 4 f “ l (1) f ----- ( ) (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. 1[Explanation.—For the purposes of this clause], a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State. 2[(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.] 3[192. (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final. (2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.] **193. If a person sits or votes as a member of the** Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he Decision on questions as to disqualifications of members. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified. 1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for “(2) For the purposes of this article” (w.e.f. 1-3-1985). 2I b 5 ibid ( f 1 3 1985) ----- Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof. Salaries and allowances of members. ( ) shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. _Powers, Privileges and Immunities of State Legislatures and_ _their Members_ **194. (1) Subject to the provisions of this Constitution** and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State. (2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 1[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978]. (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature. **195. Members of the Legislative Assembly and the** Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, ----- ( ) until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province. _Legislative Procedure_ **196. (1) Subject to the provisions of articles 198 and** 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council. (2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. (3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof. (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly. (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly. **197.** (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or Provisions as to introduction and passing of Bills. Restriction on powers of Legislative Council as to Bills other than Money Bills. ----- Special procedure in respect of Money Bills. ( ) the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill. **198. (1) A Money Bill shall not be introduced in a** Legislative Council. (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council ----- ( ) Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly. (4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council. (5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly. **199. (1) For the purposes of this Chapter, a Bill shall** be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State; (c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of the State; (e) the declaring of any expenditure to be Definition of “Money Bills”. ----- Assent to Bills. ( ) (f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. **200. When a Bill has been passed by the Legislative** Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the ----- ( ) when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. **201. When a Bill is reserved by a Governor for the** consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. _Procedure in Financial Matters_ **202. (1) The Governor shall in respect of every** financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement". (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure Bills reserved for consideration. Annual financial statement. ----- Procedure in Legislature with respect to estimates. ( ) (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State— (a) the emoluments and allowances of the Governor and other expenditure relating to his office; (b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council; (c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (d) expenditure in respect of the salaries and allowances of Judges of any High Court; (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged. **203. (1) So much of the estimates as relates to** expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative ----- ( ) (3) No demand for a grant shall be made except on the recommendation of the Governor. **204. (1) As soon as may be after the grants under** article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet— (a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses. (2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. (3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article. **205. (1) The Governor shall—** (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary Appropriation Bills. Supplementary, additional or excess grants. ----- Votes on account, votes of credit and exceptional grants. ( ) (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be. (2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant. **206. (1) Notwithstanding anything in the foregoing** provisions of this Chapter, the Legislative Assembly of a State shall have power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; ----- ( ) Consolidated Fund of the State for the purposes for which the said grants are made. (2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure. **207. (1) A Bill or amendment making provision for** any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill. _Procedure Generally_ **208. (1) A House of the Legislature of a State may** Special provisions as to financial Bills. Rules of procedure. ----- Regulation by law of procedure in the Legislature of the State in relation to financial business. Language to be used in the Legislature. ( ) (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be. (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses. **209. The Legislature of a State may, for the purpose** of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail. **210. (1) Notwithstanding anything in Part XVII, but** subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mothertongue ----- ( ) of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom: 1[Provided that in relation to the 2[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:] 3[Provided further that in relation to the 4[Legislatures of the States of 5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.] **211. No discussion shall take place in the Legislature** of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. **212. (1) The validity of any proceedings in the** Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR **213. (1) If at any time, except when the Legislative** Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses Restriction on discussion in the Legislature. Courts not to inquire into proceedings of the Legislature. Power of Governor to promulgate Ordinances during recess of Legislature. 1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972). 3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4S b b th St t f A h l P d h A t 1986 (69 f 1986) 42 f “L i l t ----- ( ) of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if— (a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and (b) may be withdrawn at any time by the ----- ( ) of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 1* * * * * CHAPTER V.—THE HIGH COURTS IN THE STATES **214.** [2]*** There shall be a High Court for each State. 3* * * * * **215. Every High Court shall be a court of record and** shall have all the powers of such a court including the power to punish for contempt of itself. **216. Every High Court shall consist of a Chief Justice** and such other Judges as the President may from time to time deem it necessary to appoint. 4* * * * * High Courts for States. High Courts to be courts of record. Constitution of High Courts. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 27 (w.e.f. 20-6-1979). 2Th b k t d fi “(1)” itt d b th C tit ti (S th A d t) A t ----- Appointment and conditions of the office of a Judge of a High Court. ( ) **217. (1) Every Judge of a High Court shall be appointed** by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and [1][shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of [2][sixtytwo years]]: Provided that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and— (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court [3]*** or of two or more such Courts in succession; [4]*** 4* * * * * 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office until he attains the age of sixty years”. 2Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”. 3The words “in any State specified in the First Schedule” omitted by the Constitution (S th A d t) A t 1956 29 d S h ----- ( ) _Explanation.—For the purposes of this clause—_ 1[(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;] 2[(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person 3[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate; (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. [4][(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.] **218. The provisions of clauses (4) and (5) of article** 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court. Application of certain provisions relating to Supreme Court to High Courts. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979). 2Cl. (a) re-lettered as cl. (aa) by s. 28, ibid. (w.e.f. 20-6-1979). 3Subs by the Constitution (Forty second Amendment) Act 1976 s 36 for “has held ----- Oath or affirmation by Judges of High Courts. Restriction on practice after being a permanent Judge. Salaries, etc., of Judges. Transfer of a Judge from one High Court to another. ( ) **219. Every person appointed to be a Judge of a High** Court [1]*** shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 2[220. No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts. _Explanation.—In this article, the expression “High_ Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement [3 ] of the Constitution (Seventh Amendment) Act, 1956.] **221.** [4][(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. **222. (1) The President may, after consultation with** the Chief Justice of India, transfer a Judge from one High Court to any other High Court [5]***. 1The words “in a State“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 13, ibid., for art. 220. 31st November, 1956. 4S b b th C tit ti (Fift f th A d t) A t 1986 3 f l (1) ( f ----- ( ) 1[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.] **223. When the office of Chief Justice of a High Court** is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. 2[224. (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify. (2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of [3][sixty-two years].] 4[224A. Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, Appointment of acting Chief Justice. Appointment of additional and acting Judges. Appointment of retired Judges at sittings of High Courts. 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl. (2) was ----- Jurisdiction of existing High Courts. Power of High Courts to issue certain writs. ( ) request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.] **225. Subject to the provisions of this Constitution and** to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: 1[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] 2[226. (1) Notwithstanding anything in article 32 3*** every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29, (w.e.f. 20-6-1979). Original proviso was omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977). 2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art. 226 ( f 1 2 1977) ----- ( ) orders or writs, including [1][writs in the nature of _habeas_ _corpus, mandamus, prohibition, quo warranto and certiorari,_ or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.] (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. 2[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without— (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.] 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion b i i ith th d “ it i th t f h b _d_ hibiti ----- Power of superintendence over all courts by the High Court. ( ) 1[(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.] 2226A. [Constitutional validity of Central laws not to be _considered in proceedings under article_ 226.] _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f._ 13-4-1978). **227.** 3[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may— (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. 1Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 (w.e.f. 1-8-1979). 2I b th C tit ti (F t d A d t) A t 1976 39 ( f 1 2 1977) ----- ( ) 1* * * * * **228. If the High Court is satisfied that a case pending** in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, [2][it shall withdraw the case and [3]*** may—] (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment. 4228A. [Special provisions as to disposal of questions _relating to constitutional validity of State laws.]_ _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f._ 13-4-1978). **229. (1) Appointments of officers and servants of a** High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State [5]*** may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of Transfer of certain cases to High Court. Officers and servants and the expenses of High Courts. 1Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 31 (w.e.f. 20-6-1979). 2Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for “it shall withdraw the case and may —” (w.e.f. 1-2-1977). 3The words, figures and letters “subject to the provisions of article 131A,“ omitted by th C tit ti (F t thi d A d t) A t 1977 9 ( f 13 4 1978) ----- Extension of jurisdiction of High Courts to Union territories. Establishment of a common High Court for two or more States. ( ) officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State [1]***. (3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund. 2[230. (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory. (2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,— (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President. **231. (1) Notwithstanding anything contained in the** preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,— (a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction; ----- ( ) (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and (c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.] CHAPTER VI.—SUBORDINATE COURTS **233. (1) Appointments of persons to be, and the posting** and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment. [1][233A. Notwithstanding any judgment, decree or order of any court,— (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and (ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Appointment of district judges. Validation of appointments of, and judgments, etc., delivered by, certain district judges. ----- Recruitment of persons other than district judges to the judicial service. Control over subordinate courts. Interpretation. ( ) otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;] (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.] **234. Appointments of persons other than district** judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State. **235. The control over district courts and courts** subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law. **236. In this Chapter—** ----- ( ) a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge; (b) the expression “judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. **237. The Governor may by public notification direct** that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification. Application of the provisions of this Chapter to certain class or classes of magistrates. ----- _Part VII.—[The States in Part B of the First_ _Schedule.]_ _Rep. by the Constitution (Seventh Amendment)_ _Act, 1956, s. 29 and Sch._ ----- ## PART VIII [1][THE UNION TERRITORIES] 2[239. (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers. 3[239A. (1) Parliament may by law create 4[for the Union territory of [5][Puducherry]]— _(a)_ a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or _(b)_ a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.] 6[239AA. (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Administration of Union territories. Creation of local Legislatures or Council of Ministers or both for certain Union territories. Special provisions with respect to Delhi. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading “THE STATES IN PART C OF THE FIRST SCHEDULE“. 2Subs. by s. 17, ibid., for arts. 239 and 240. 3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987). ----- ( ) Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. (b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. ----- ( ) provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. ----- Provision in case of failure of constitutional machinery. ( ) Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 1[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto. 2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.] (8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of 3[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as the case may be. **239AB. If the President, on receipt of a report from** the Lieutenant Governor or otherwise, is satisfied— _(a)_ that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or _(b)_ that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the 1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f. 21 12 1991) ----- ( ) provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA. 1[239B. (1) If at any time, except when the Legislature of [2][the Union territory of [3][Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance— (a) shall be laid before the Legislature of the Union territory and shall cease to operate at the Power of administrator to promulgate Ordinances during recess of Legislature. 1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 2S b b th G D d Di R i ti A t 1987 (18 f 1987) 63 f “ ----- Power of President to make regulations for certain Union territories. ( ) expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.] 1* * * * **240. (1) The President may make regulations for the** peace, progress and good government of the Union territory of— (a) the Andaman and Nicobar Islands; 2[(b) Lakshadweep;] 3[(c) Dadra and Nagar Haveli;] 4[(d) Daman and Diu;] 5[(e) Puducherry;] 6*** 7***: 8[Provided that when any body is created under article 239A to function as a Legislature for the [9][Union territory 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979). 2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973). 3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for entry (d) (w.e.f. 30-5-1987). Entry (d) was ins. by the Constitution (Twelfth Amendment) Act, 1962, s. 3. 5Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry” (w.e.f. 1-10-2006). 6The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 7The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987). ----- ( ) of [1][Puducherry], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:] 2[Provided further that whenever the body functioning as a Legislature for the Union territory of 1[Puducherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.] (2) Any regulation so made may repeal or amend any Act made by Parliament or [3][any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.] **241.** (1) Parliament may by law constitute a High Court for a [4][Union territory] or declare any court in any 5[such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide. 6[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate High Courts for Union territories. 1Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006). 2Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972). 3Subs. by s. 4, _ibid., for “any existing law”(w.e.f. 15-2-1972)._ 4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State ----- ( ) Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.] **242.** [Coorg.] _Rep. by the Constitution_ (Seventh _Amendment) Act, 1956, s. 29 and Sch._ ----- **1[PART IX** ## THE PANCHAYATS **243.** In this Part, unless the context otherwise requires,— (a) “district” means a district in a State; (b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; (c) “intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; (d) “Panchayat” means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas; (e) “Panchayat area” means the territorial area of a Panchayat; (f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (g) “village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified. **243A. A Gram Sabha may exercise such powers and** perform such functions at the village level as the Legislature of a State may, by law, provide. **243B.** (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. Definitions. Gram Sabha. Constitution of Panchayats. ----- Composition of Panchayats. ( _y_ ) (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. **243C.** (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State. (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. (3) The Legislature of a State may, by law, provide for the representation— (a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; (b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; (c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat; ----- ( _y_ ) State, where they are registered as electors within— (i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level; (ii) a Panchayat area at the district level, in Panchayat at the district level. (4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. (5) The Chairperson of— (a) a panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and (b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof. **243D.** (1) Seats shall be reserved for— (a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. Reservation of seats. ----- Duration of P h t t ( _y_ ) seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. **243E.** (1) Every Panchayat, unless sooner dissolved f f ----- ( _y_ ) (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Panchayat shall be completed— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period. (4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved. **243F.** (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat— (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. Disqualifications for membership. ----- Powers to impose taxes by, and Funds of, the Panchayats. Constitution of Finance Commission to i fi i l ( _y_ ) Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to— (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. **243H.** The Legislature of a State may, by law,— (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law. **243-I.** (1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, ----- ( _y_ ) to the Governor as to— (a) the principles which should govern— (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds; _(ii) the determination of the taxes, duties, tolls_ and fees which may be assigned to, or appropriated by, the Panchayats; _(iii)_ the grants-in-aid to the Panchayats from the Consolidated Fund of the State; _(b) the measures needed to improve the financial_ position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them. (4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. **243J.** The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts. Audit of accounts of Panchayats. ----- Application to Union territories. ( _y_ ) a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats. **243L.** The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. ----- ( _y_ ) (2) Nothing in this Part shall apply to— (a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force. (3) Nothing in this Part— _(a) relating to Panchayats at the district level shall_ apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force; _(b)_ shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. 1[(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.] (4) Notwithstanding anything in this Constitution,— _(a)_ the Legislature of a State referred to in subclause (a) of clause (2) may, by law, extend this part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting; _(b) Parliament may, by law, extend the provisions_ of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. **243N.** Notwithstanding anything in this Part, any i i f l l i P h i f i Continuance of existing laws and ----- Bar to interference by courts in electoral matters. ( _y_ ) State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. **243-O.** Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court; _(b) no election to any Panchayat shall be called in_ question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.] ----- 1[PART IXA ## THE MUNICIPALITIES **243P.** In this Part, unless the context otherwise requires,— (a) “Committee” means a Committee constituted under article 243S; (b) “district” means a district in a State; (c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part; (d) “Municipal area” means the territorial area of a Municipality as is notified by the Governor; (e) “Municipality” means an institution of selfgovernment constituted under article 243Q; (f) “Panchayat” means a Panchayat constituted under article 243B; (g) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. **243Q. (1) There shall be constituted in every State,—** (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, Definitions. Constitution of Municipalities. ----- Composition of Municipalities. ( _p_ _Q_ ) in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. (2) In this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part. **243R. (1) Save as provided in clause (2), all the seats** in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. (2) The Legislature of a State may, by law, provide— (a) for the representation in a Municipality of— (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; (iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; ----- ( _p_ ) Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality; (b) the manner of election of the Chairperson of a Municipality. **243S.** (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. (4) Where a Wards Committee consists of— (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees. **243T.** (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Constitution and composition of Wards Committees, etc. Reservation of seats. ----- Duration of Municipalities, etc. ( _p_ ) (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. **243U. (1) Every Municipality, unless sooner dissolved** under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a ----- ( _p_ ) (3) An election to constitute a Municipality shall be completed,— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period. (4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved. **243V.** (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality— (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. **243W. Subject to the provisions of this Constitution,** the Legislature of a State may, by law, endow— (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such Disqualifications for membership. Powers, authority and responsibilities of Municipalities, etc. ----- Power to impose taxes by, and Funds of, the Municipalities. Finance Commission. ( _p_ ) with respect to— (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. **243X.** The Legislature of a State may, by law,— (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. **243Y. (1) The Finance Commission constituted under** article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to— (a) the principles which should govern— ----- ( _p_ ) duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities; (iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Municipalities; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities. (2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. **243Z.** The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts. **243ZA. (1) The superintendence, direction and control** of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K. (2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities. **243ZB. The provisions of this Part shall apply to the** Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Audit of accounts of Municipalities. Elections to the Municipalities. Application to Union territories. ----- Part not to apply to certain areas. Committee for district planning. ( _p_ ) Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. **243ZC.** (1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244. (2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. **243ZD.** (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be ----- ( _p_ ) between the population of the rural areas and of the urban areas in the district; (c) the functions relating to district planning which may be assigned to such Committees; (d) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every District Planning Committee shall, in preparing the draft development plan,— _(a) have regard to—_ _(i)_ matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; _(ii)_ the extent and type of available resources whether financial or otherwise; _(b)_ consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State. **243ZE.** (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, Committee for Metropolitan planning. ----- ( _p_ ) between the population of the Municipalities and of the Panchayats in that area; (c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and Institutions as may be deemed necessary for carrying out the functions assigned to such Committees; (d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees; (e) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,— (a) have regard to— (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every Metropolitan Planning ----- ( _p_ ) **243ZF.** Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. **243ZG.** Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court; (b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.] Continuance of existing laws and Municipalities. Bar to interference by courts in electoral matters. ----- Administration of Scheduled Areas and Tribal Areas. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor. ## PART X THE SCHEDULED AND TRIBAL AREAS **244.** (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State [1]*** other than 2[the States of Assam 3[, 4[Meghalaya, Tripura and Mizoram]]]. (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in [2][the States of Assam [3][, [5][Meghalaya, Tripura and Mizoram]]]. [6][244A. (1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in [7][Part I] of the table appended to paragraph 20 of the Sixth Schedule and create therefor— (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “the State of Assam” (w.e.f. 21-1-1972). 3Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for “and Meghalaya” (w.e.f. 1-4-1985). 4Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and Tripura” (w.e.f. 20-2-1987). 5Subs. by s. 39, _ibid., for “Meghalaya and Tripura and the Union Territory of_ Mizoram”(w.e.f. 20-2-1987). ----- ( ) (2) Any such law as is referred to in clause (1) may, in particular,— (a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise; (b) define the matters with respect to which the executive power of the autonomous State shall extend; (c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State; (d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and (e) make such supplemental, incidental and consequential provisions as may be deemed necessary. (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting. (4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.] ----- Extent of laws made by Parliament and by the Legislatures of States. Subject-matter of laws made by Parliament and by the Legislatures of States. ## PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I.—LEGISLATIVE RELATIONS _Distribution of Legislative Powers_ **245. (1) Subject to the provisions of this Constitution,** Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. **246. (1) Notwithstanding anything in clauses (2) and** (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State [1]*** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State [1]*** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [2][in a State] notwithstanding that such matter is a matter enumerated in the State List. ----- ( _Arts. 247—249.)_ **247.** Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List. **248. (1) Parliament has exclusive power to make any** law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. **249.** (1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. (2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. (3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration Power of Parliament to provide for the establishment of certain additional courts. Residuary powers of legislation. Power of Parliament to legislate with respect to a matter in the State List in the national interest. ----- Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. ( _Arts. 250—252.)_ **250.** (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. **251. Nothing in articles 249 and 250 shall restrict the** power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative. **252. (1) If it appears to the Legislatures of two or more** States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted ----- ( _Arts. 252—254.)_ (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. **253.** Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. **254.** (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State 1*** with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State Legislation for giving effect to international agreements. Inconsistency between laws made by Parliament and laws made by the Legislatures of States. ----- Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only. Obligation of States and the Union. Control of the Union over States in certain cases. ( _Arts. 255—257.)_ **255. No Act of Parliament or of the Legislature of a** State [1]***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given— (a) where the recommendation required was that of the Governor, either by the Governor or by the President; (b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President; (c) where the recommendation or previous sanction required was that of the President, by the President. CHAPTER II.—ADMINISTRATIVE RELATIONS _General_ **256.** The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. **257. (1) The executive power of every State shall be so** exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication ----- ( _Arts. 257—258.)_ declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works. (3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State. (4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State. 1257A. [Assistance to States by deployment of armed forces _or other forces of the Union.] Rep. by the Constitution (Forty-_ _fourth Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979)._ **258.** (1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. Power of the Union to confer powers, etc., on States in certain cases. ----- Power of the States to entrust functions to the Union. Jurisdiction of the Union in relation to territories outside India. Public acts, records and judicial proceedings. ( _Arts. 258—261.)_ (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties. 1[258A. Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.] **259.** [Armed Forces in States in Part B of the First _Schedule.]_ _Rep. by the Constitution (Seventh Amendment)_ _Act,_ 1956, _s. 29_ _and Sch._ **260.** The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. **261. (1) Full faith and credit shall be given throughout** the territory of India to public acts, records and judicial di f th U i d f St t ----- ( _Arts. 261—263.)_ (2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament. (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law. _Disputes relating to Waters_ **262.** (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1). _Co-ordination between States_ **263. If at any time it appears to the President that the** public interests would be served by the establishment of a Council charged with the duty of— _(a) inquiring into and advising upon disputes_ which may have arisen between States; _(b) investigating and discussing subjects in which_ some or all of the States, or the Union and one or more of the States, have a common interest; or _(c) making recommendations upon any such_ subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, Adjudication of disputes relating to waters of interState rivers or river valleys. Provisions with respect to an inter-State Council. ----- Interpretation. Taxes not to be imposed save by authority of law. Consolidated Funds and public accounts of India and of the States. ## PART XII ### FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I.—FINANCE _General_ 1[264. In this Part, “Finance Commission” means a Finance Commission constituted under article 280.] **265.** No tax shall be levied or collected except by authority of law. **266. (1) Subject to the provisions of article 267 and to** the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of India”, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of the State”. (2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be. (3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution. ----- ( _,_ _p_ _y,_ _Arts._ 267-268.) **267.** (1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of India” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116. (2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor [1]***of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206. _Distribution of Revenues between the_ _Union and the States_ **268. (1) Such stamp duties and such duties of excise** on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected— (a) in the case where such duties are leviable within any [2][Union territory], by the Government of India, and (b) in other cases, by the States within which such duties are respectively leviable. Contingency Fund. Duties levied by the Union but collected and appropriated by the States. ----- Service tax levied by Union and collected and appropriated by the Union and the States. Taxes levied and collected by the Union but assigned to the States. ( _,_ _p_ _y,_ _Arts._ 268-269.) (2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State. *[268A. (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2). (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be— (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.] **269. [1][(1) Taxes on the sale or purchase of goods and** taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2). _Explanation.—For the purposes of this clause,—_ (a) the expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce; (b) the expression “taxes on the consignment of goods” shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce. ----- ( _,_ _p_ _y,_ _Arts._ 269-270.) (2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.] 1[(3) Parliament may by law formulate principles for determining when a [2][sale or purchase of, or consignment of, goods] takes place in the course of inter-State trade or commerce.] 3[270. (1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in articles *[268 and 269], respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2). (2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3). (3) In this article, “prescribed” means,— (i) until a Finance Commission has been constituted, prescribed by the President by order, and (ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.] Taxes levied and distributed between the Union and the States. 1Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3. 2Subs by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for “sale or purchase of goods”. 3Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270 (w.e.f. 1 4 1996) ----- Surcharge on certain duties and taxes for purposes of the Union. Grants in lieu of export duty on jute and jute products. Prior recommendation of President required to Bills affecting taxation in which States are interested. ( _,_ _p_ _y,_ _Arts._ 271—274.) **271.** Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India. **272.** _[Taxes which are levied and collected by the Union_ _and may be distributed between the Union and the States.]_ _Rep. by the Constitution (Eightieth Amendment) Act, 2000,_ _s. 4._ **273.** (1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed. (2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution whichever is earlier. (3) In this article, the expression “prescribed” has the same meaning as in article 270. **274. (1) No Bill or amendment which imposes or varies** any tax or duty in which States are interested, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President. (2) In this article, the expression “tax or duty in which States are interested” means— ----- ( _,_ _p_ _y,_ _Arts._ 274-275.) (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State. **275. (1) Such sums as Parliament may by law provide** shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to— (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in 1[Part I] of the table appended to paragraph 20 of the Sixth Schedule; and (b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising Grants from the Union to certain States. ----- ( _,_ _p_ _y,_ _Art. 275.)_ the level of administration of the said areas to that of the administration of the rest of the areas of that State. 1[(1A) On and from the formation of the autonomous State under article 244A,— (i) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify; (ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.] (2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission. ----- ( _,_ _p_ _y,_ _Arts._ 276—278.) **276. (1) Notwithstanding anything in article 246, no** law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income. (2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed [1][two thousand and five hundred rupees] per annum. 2* * * * (3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments. **277. Any taxes, duties, cesses or fees which,** immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law. **278. [Agreement with States in Part B of the First** _Schedule with regard to certain financial matters.] Rep. by the_ _Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch._ Taxes on professions, trades, callings and employments. Savings. ----- Calculation of “net proceeds”, etc. Finance Commission. ( _,_ _p_ _y,_ _Arts._ 279-280.) **279. (1) In the foregoing provisions of this Chapter,** “net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final. (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters. **280.** (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President. (2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected. (3) It shall be the duty of the Commission to make recommendations to the President as to— (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds; ----- ( _,_ _p_ _y,_ _Arts._ 280—283.) 1[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;] 2[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;] 3[(d)] any other matter referred to the Commission by the President in the interests of sound finance. (4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them. **281. The President shall cause every recommendation** made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament. _Miscellaneous Financial Provisions_ **282. The Union or a State may make any grants for** any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws. **283.** (1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or Recommendations of the Finance Commission. Expenditure defrayable by the Union or a State out of its revenues. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts. ----- Custody of suitors’ deposits and other moneys received by public servants and courts. Exemption of property of the Union from State taxation. ( _,_ _p_ _y,_ _Arts._ 283—285.) ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President. (2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor [1]*** of the State. **284.** All moneys received by or deposited with— (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or (b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be. **285.** (1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State. (2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State. ----- ( _,_ _p_ _y,_ _Arts._ 286-287.) **286. (1) No law of a State shall impose, or authorise** the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place— (a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India. 1* - * * 2[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1). 3[(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,— (a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or (b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), subclause (c) or sub-clause (d) of clause (29A) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.]] **287.** Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is— (a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or (b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway Restrictions as to imposition of tax on the sale or purchase of goods. Exemption from taxes on electricity. ----- Exemption from taxation by States in respect of water or electricity in certain cases. Exemption of property and income of a State ( _,_ _p_ _y,_ _Arts._ 287—289.) company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity. **288. (1)** Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. _Explanation.—The expression “law of a State in force”_ in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. (2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order. **289. (1) The property and income of a State shall be** exempt from Union taxation. ----- ( _,_ _p_ _y,_ _Arts. 289—290A.)_ in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith. (3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government. **290. Where under the provisions of this Constitution** the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if— (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India. 1[290A. A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Adjustment in respect of certain expenses and pensions. Annual payment to certain Devaswom F d ----- Borrowing by the Government of India. Borrowing by States. ( _,_ _p_ _y,_ _Arts. 290A—293.)_ the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of [1][Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of TravancoreCochin.] **291. [Privy purse sums of Rulers.] Rep. by the Constitution** _(Twenty-sixth Amendment) Act, 197l, s. 2._ CHAPTER II.—BORROWING **292.** The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed. **293.** (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed. (2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India. (3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government. ----- ( _,_ _p_ _y,_ _Arts._ 293—295.) (4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose. CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS **294.** As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab. **295.** (1) As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement Succession to property, assets, rights, liabilities and obligations in certain cases. Succession to property, assets, rights, liabilities and obligations in other cases. ----- Property accruing by escheat or lapse or as _bona vacantia._ ( _,_ _p_ _y,_ _Arts._ 295-296.) (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State. (2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1). **296. Subject as hereinafter provided, any property in** the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. ----- ( _,_ _p_ _y,_ _Arts._ 297—299.) 1[297. (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union. (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union. (3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.] 2[298. The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that— (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.] **299.** (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor [3]*** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. Power to carry on trade, etc. Contracts. 1S b b th C tit ti (F ti th A d t) A t 1976 2 f t 297 ( f ----- Suits and proceedings. Persons not to be deprived of property save by authority of law. ( _,_ _p_ _y,_ _Arts. 299—300A.)_ the President or the Governor [1]*** by such persons and in such manner as he may direct or authorise. (2) Neither the President nor the Governor [2]*** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. **300. (1) The Government of India may sue or be sued** by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted. (2) If at the commencement of this Constitution— (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings. 3[CHAPTER IV.—RIGHT TO PROPERTY **300A.** No person shall be deprived of his property save by authority of law.] 1The words “or the Rajpramukh“ omitted by the Constitution (Seventh Amendment) A 1956 29 d S h ----- ## PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA **301. Subject to the other provisions of this Part, trade,** commerce and intercourse throughout the territory of India shall be free. **302. Parliament may by law impose such restrictions** on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest. **303. (1) Notwithstanding anything in article 302,** neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule. (2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. **304. Notwithstanding anything in article 301 or article** 303, the Legislature of a State may by law— (a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and Freedom of trade, commerce and intercourse. Power of Parliament to impose restrictions on trade, commerce and intercourse. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce. Restrictions on trade, commerce and intercourse among States. ----- Saving of existing laws and laws providing for State monopolies. Appointment of authority for carrying out the purposes of articles 301 to 304. ( _,_ _Territory of India.—Arts. 304—307.)_ (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President. 1[305. Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in subclause (ii) of clause (6) of article 19.] **306. [Power of certain States in Part B of the First Schedule** _to impose restrictions on trade and commerce.]_ _Rep. by the_ _Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch._ **307. Parliament may by law appoint such authority** as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary. ----- ## PART XIV ### SERVICES UNDER THE UNION AND THE STATES CHAPTER I.—SERVICES **308.** In this Part, unless the context otherwise requires, the expression “State” [1][does not include the State of Jammu and Kashmir]. **309.** Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor [2]*** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. **310.** (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor [3]*** of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the Interpretation. Recruitment and conditions of service of persons serving the Union or a State. Tenure of office of persons serving the Union or a State. 1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “means ----- Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State. ( _Arts._ 310—311.) pleasure of the President or, as the case may be, of the Governor [1]*** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor [2]***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post. **311. (1) No person who is a member of a civil service** of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. 3[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges [4]***: 5[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply—] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or 1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., _ibid._ 3S b b h C i i (Fif h A d ) A 1963 10 f l (2) d (3) ----- ( _Arts._ 311—312.) (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.] **312. (1) Notwithstanding anything in [1][Chapter VI of** Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services [2][(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service. (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. 2[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236. (4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI All-India services. ----- Power of Parliament to vary or revoke conditions of service of officers of certain services. ( _Arts. 312—312A.)_ as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.] 1[312A. (1) Parliament may by law— (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post; (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twentyeighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India ----- ( _Arts. 312A—315.)_ (2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1). (3) Neither the Supreme Court nor any other court shall have jurisdiction in— (a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; (b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted. (4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.] **313. Until other provision is made in this behalf under** this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an allIndia service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. **314. [Provision for protection of existing officers of certain** _services.] Rep. by the Constitution (Twenty-eighth Amendment)_ _Act,_ 1972, _s. 3_ _(w.e.f._ 29-8-1972). CHAPTER II.— PUBLIC SERVICE COMMISSIONS ( ) S b h f h l h Transitional provisions. ----- Appointment and term of office of members. ( _Arts._ 315—316.) (2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States. (3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. (4) The Public Service Commission for the Union, if requested so to do by the Governor [1]*** of a State, may, with the approval of the President, agree to serve all or any of the needs of the State. (5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question. **316. (1) The Chairman and other members of a Public** Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor [1]*** of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included. ----- ( _Arts._ 316—317.) 1[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose. (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of [2][sixty-two years], whichever is earlier: Provided that— (a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor [3]*** of the State, resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office. **317.** (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by 1I b th C tit ti (Fift th A d t) A t 1963 11 Removal and suspension of a member of a Public Service Commission. ----- ( _Art. 317.)_ order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor [1]*** in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour. ----- _((_ _Arts._ 318—319.) **318. In the case of the Union Commission or a Joint** Commission, the President and, in the case of a State Commission, the Governor [1]*** of the State may by regulations— (a) determine the number of members of the Commission and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment. **319.** On ceasing to hold office— (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission, or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member Power to make regulations as to conditions of service of members and staff of the Commission. Prohibition as to the holding of offices by members of Commission on ceasing to be such members. ----- Functions of Public Service Commissions. ( _Arts._ 319—320.) of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. **320. (1) It shall be the duty of the Union and the State** Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively. (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. (3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted— (a) on all matters relating to methods of recruitment to civil services and for civil posts; (b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers; (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters; (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by ----- ( _Art. 320.)_ Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; (e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor [1]*** of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor [2]***, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted. (4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335. (5) All regulations made under the proviso to clause (3) by the President or the Governor [1]*** of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses ----- Power to extend functions of Public Service Commissions. Expenses of Public Service Commissions. Reports of Public Service Commissions. ( _Arts._ 320—323.) of the Legislature of the State may make during the session in which they are so laid. **321. An Act made by Parliament or, as the case may** be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. **322.** The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State. **323. (1) It shall be the duty of the Union Commission** to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament. (2) It shall be the duty of a State Commission to present annually to the Governor [1]*** of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor [1]*** of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor [2]***, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State. ----- 1[PART XIVA ## TRIBUNALS **323A.** (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may— (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of article 371D; Administrative tribunals. ----- Tribunals for other matters. ( ) (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. **323B.** (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws. (2) The matters referred to in clause (1) are the following, namely:— (a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way; (e) ceiling on urban property; (f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A; (g) production, procurement, supply and ----- ( ) for the purpose of this article and control of prices of such goods; 1[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;] 2[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to [3][(h)] and fees in respect of any of those matters; 2[(j)] any matter incidental to any of the matters specified in sub-clauses (a) to [4][(i)]. (3) A law made under clause (1) may— (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals; (e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; 1Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994). 2S b l (h) d (i) l tt d b l (i) d (j) b 2 ibid ( f ----- ( ) (f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. _Explanation.—In_ this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.] ----- ## PART XV ELECTIONS **324.** (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution [1]*** shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Superintendence, direction and control of elections to be vested in an Election Commission. ----- No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. ( ) Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. (6) The President, or the Governor [1]*** of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1). **325. There shall be one general electoral roll for every** territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them. **326. The elections to the House of the People and to** the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [2][eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. 1Th d “ R j kh” itt d b th C tit ti (S th A d t) A t ----- ( ) **327.** Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. **328. Subject to the provisions of this Constitution and** in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses. **329. [1][Notwithstanding anything in this Constitution** 2***—] _(a) the validity of any law relating to the_ delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court; _(b) no election to either House of Parliament or to_ the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. 3329A. [Special provision as to elections to Parliament in _the case of Prime Minister and Speaker.]_ _Rep. by the_ _Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f._ 20-6-1979). Power of Parliament to make provision with respect to elections to Legislatures. Power of Legislature of a State to make provision with respect to elections to such Legislature. Bar to interference by courts in electoral matters. 1Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words. ----- Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. ## PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES **330.** (1) Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; 1[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and] (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State [2][or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State [2][or Union territory] in the House of the People as the population of the Scheduled Castes in the State [2][or Union territory] or of the Scheduled Tribes in the State [2][or Union territory] or part of the State [2][or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State [2][or Union territory]. 3[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.] 4[Explanation—In this article and in article 332, the expression “population” means the population as 1Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986). ----- ( _p_ _g_ _Classes.—Arts._ 330—332.) ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the [2][2001] census.] **331.** Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. **332.** (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, [3][except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State [4]***. (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam. (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State. 5[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the readjustment, on the basis of the first census after the year 6[2026], of the number of seats in the Legislative Representation of the Anglo-Indian Community in the House of the People. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for “1991”. 3Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986). 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by th C tit ti (S th A d t) A t 1956 29 d S h ----- ( _p_ _g_ _Classes.—Art. 332.)_ Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,— (a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one; (b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.] 1[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year [2][2026], of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventysecond Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.] (4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State. (5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district [3]***. 1Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5 12 1992) ----- ( _p_ _g_ _Classes.—Arts._ 332—334.) (6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district [1]***: 2[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be maintained.] **333.** Notwithstanding anything in article 170, the Governor [3]*** of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, [4][nominate one member of that community to the Assembly]. **334.** Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to— (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 5[sixty years] from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be. Representation of the Anglo-Indian community in the Legislative Assemblies of the States. Reservation of seats and special representation to cease after [5][sixty years]. 1Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972). 2Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2. 3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 4S b b th C tit ti (T t thi d A d t) A t 1969 4 f “ i t ----- Claims of Scheduled Castes and Scheduled Tribes to services and posts. Special provision for Anglo-Indian community in certain services. Special provision with respect to educational grants for the benefit of Anglo-Indian community. ( _p_ _g_ _Classes.—Arts._ 335—337.) **335.** The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State: 1[Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.] **336.** (1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years: Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease. (2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities. **337.** During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State [2]*** for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948. ----- ( _p_ _g_ _Classes.—Arts._ 337-338.) During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years : Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the AngloIndian community, shall cease: Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community. **338.** [2][(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.] (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes 3*** under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; 1[National Commission for Scheduled Castes.] 1S b b th C tit ti (Ei ht i th A d t) A t 2003 2 f th i l ----- ( _p_ _g_ _Classes.—Art. 338.)_ (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes [1]***; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes [1]*** and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes [1]***; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes [1]*** as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. ----- ( _p_ _g_ _Classes.—Arts. 338-338A.)_ (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely :— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes [1]***.] 2[(10)] In this article, references to the Scheduled Castes [1]*** shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community. 3[338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the National Commission for Scheduled Tribes. 1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth A d t) A t 2003 2 ( f 19 2 2004) ----- ( _p_ _g_ _Classes.—Art. 338A.)_ Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— _(a) to investigate and monitor all matters relating_ to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; _(b) to inquire into specific complaints with respect_ to the deprivation of rights and safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. ----- ( _p_ _g_ _Classes.—Arts. 338A-339.)_ to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: — _(a) summoning and enforcing the attendance of_ any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.] **339.** (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States [1]***. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. ----- Appointment of a Commission to investigate the conditions of backward classes. Scheduled Castes. ( _p_ _g_ _Classes.—Arts._ 339—341.) The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable. (2) The executive power of the Union shall extend to the giving of directions to [1][a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State. **340.** (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission. (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament. **341. (1) The President [2][may with respect to any State** 3[or Union territory], and where it is a State 4***, after consultation with the Governor [5]*** thereof,] by 1Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “any such State”. 2Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation with the Governor or Rajpramukh of a State”. 3I b th C tit ti (S th A d t) A t 1956 29 d S h ----- ( _p_ _g_ _Classes.—Arts._ 341-342.) public notification[1], specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State[ 2][or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. **342. (1) The President [3][may with respect to any State** 2[or Union territory], and where it is a State 4***, after consultation with the Governor [5]*** thereof,] by public notification[6], specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 2[or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. Scheduled Tribes. 1See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 110). 2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 3Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation with the Governor or Rajpramukh of a State,”. 4The words and letters “Specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 5The words “or Rajpramukh” omitted by s. 29 and Sch., _ibid._ 6See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra and N H li) S h d l d T ib O d 1962 (C O 65) th C tit ti (S h d l d T ib ) ----- Official language of the Union. Commission and Committee of Parliament on official language. ## PART XVII OFFICIAL LANGUAGE CHAPTER I.—LANGUAGE OF THE UNION **343.** (1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by order[1] authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union. (3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of— (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law. **344.** (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order ----- ( _ff_ _g_ _g_ ) shall define the procedure to be followed by the Commission. (2) It shall be the duty of the Commission to make recommendations to the President as to— (a) the progressive use of the Hindi language for the official purposes of the Union; (b) restrictions on the use of the English language for all or any of the official purposes of the Union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the Union; (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. (3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services. (4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. (5) It shall be the duty of the Committee to examine ----- Official language or languages of a State. Official language for communication between one State and another or between a State and the Union. Special provision relating to language spoken by a section of the population of a State. Language to be used in the Supreme Court and i th Hi h C t ( _ff_ _g_ _g_ ) (6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report. CHAPTER II.—REGIONAL LANGUAGES **345. Subject to the provisions of articles 346 and 347,** the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution. **346.** The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union: Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication. **347.** On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify. CHAPTER III.—LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. **348.** (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides— ----- ( _ff_ _g_ _g_ ) (b) the authoritative texts— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor [1]*** of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor [1]*** of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court. (3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor 1*** of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor [1]*** of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article. ----- Special procedure for enactment of certain laws relating to language. Language to be used in representations for redress of grievances. Facilities for instruction in mother-tongue at primary stage. Special Officer for linguistic minorities. Directive for development of the Hindi language ( _ff_ _g_ _g_ ) **349.** During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article. CHAPTER IV.—SPECIAL DIRECTIVES **350.** Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. 1[350A. It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. **350B. (1) There shall be a Special Officer for linguistic** minorities to be appointed by the President. (2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.] **351. It shall be the duty of the Union to promote the** spread of the Hindi language, to develop it so that it may ----- ( _ff_ _g_ _g_ ) serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages. ----- Proclamation of Emergency. ## PART XVIII EMERGENCY PROVISIONS **352.** (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or [1][armed rebellion], he may, by Proclamation, make a declaration to that effect [2][in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation]. 3[Explanation.—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.] 4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: 1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal disturbance” (w.e.f. 20-6-1979). ----- ( _g_ _y_ ) Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4): Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the i i f h id i d f hi d l i ----- ( _g_ _y_ ) (6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the Members of that House present and voting. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,— (a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.] 1[2[(9)] The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or [3][armed rebellion] or imminent danger of war or external aggression or [3][armed rebellion], whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation. 4* * * * *] 1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively). 2Cl (4) b d l (9) b th C tit ti (F t f th A d t) A t 1978 ----- ( _g_ _y_ ) **353.** While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: 1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,— (i) the executive power of the Union to give directions under clause (a), and (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] **354. (1) The President may, while a Proclamation of** Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit Effect of Proclamation of Emergency. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. ----- Duty of the Union to protect States against external aggression and internal disturbance. Provisions in case of failure of constitutional machinery in States. ( _g_ _y_ ) (2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament. **355. It shall be the duty of the Union to protect every** State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution. **356. (1) If the President, on receipt of a report from the** Governor [1]*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— _(a) assume to himself all or any of the functions of_ the Government of the State and all or any of the powers vested in or exercisable by the Governor [2]*** or any body or authority in the State other than the Legislature of the State; _(b) declare that the powers of the Legislature of the_ State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. ----- ( _g_ _y_ ) (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of [1][six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of 2[six months] from the date on which under this clause it 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3 1 1977) ----- ( _g_ _y_ ) would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of [1][six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: 2[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to [3][five years].] 4[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless— _(a)_ a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“ (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977). 2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and the Constitution (Sixty-eighth Amendment) Act 1991 s 2 to read as above ----- ( _g_ _y_ ) (b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:] 1[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.] **357. (1) Where by a Proclamation issued under clause (1)** of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent— (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof; (c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament. 5[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) Exercise of legislative powers under Proclamation issued under article 356. 1Omitted by the Constitution (Sixty-third Amendment) Act 1989 s 2 (w e f 6-1-1990) ----- Suspension of provisions of article 19 during emergencies. ( _g_ _y_ ) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.] **358.** [1][(1)] [2][While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: 3[Provided that 4[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] 5[(2) Nothing in clause (1) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to the 1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979). 2Subs. by s. 39, _ibid., for “While a Proclamation of Emergency is in operation” (w.e.f._ 20-6-1979). 3I b th C tit ti (F t d A d t) A t 1976 52 ( f 3 1 1977) ----- ( _g_ _y_ ) Proclamation of Emergency in operation when it is made; or _(b) to any executive action taken otherwise than_ under a law containing such a recital.] **359.** (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. 2[(1A) While an order made under clause (1) mentioning any of [1][the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:] 3[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] Suspension of the enforcement of the rights conferred by Part III during emergencies. 1S b b th C tit ti (F t f th A d t) A t 1978 40 f “th i ht ----- Provisions as to financial emergency. ( _g_ _y_ ) 1[(1B) Nothing in clause (1A) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.] (2) An order made as aforesaid may extend to the whole or any part of the territory of India: 2[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.] (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament. 3359A. [Application of this Part to the State of Punjab.] _Rep. by the Constitution (Sixty-third Amendment) Act,_ 1989, _s. 3_ _(w.e.f._ 6-1-1990). **360.** (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. 4[(2) A Proclamation issued under clause (1)— (a) may be revoked or varied by a subsequent Proclamation; 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977). 3Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3. It shall cease to t th i f i d f t f th t f thi A t i ----- ( _g_ _y_ ) (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in subclause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.] (3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose. (4) Notwithstanding anything in this Constitution— (a) any such direction may include— (i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State; (ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207 ----- ( _g_ _y_ ) (b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts. 1* * * * * ----- ## PART XIX MISCELLANEOUS **361.** (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State. (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor [1]*** of a State, in any court during his term of office. (3) No process for the arrest or imprisonment of the President, or the Governor [1]*** of a State, shall issue from any court during his term of office. (4) No civil proceedings in which relief is claimed against the President, or the Governor [1]*** of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor [1]*** of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor [2]***, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of Protection of President and Governors and Rajpramukhs. ----- Protection of publication of proceedings of Parliament and State Legislatures. Disqualification for appointment on remunerative political post. ( ) residence of the party by whom such proceedings are to be instituted and the relief which he claims. 1[361A. (1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. _Explanation.—In this article, “newspaper” includes a_ news agency report containing material for publication in a newspaper.] [2][361B. A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier. _Explanation.—For the purposes of this article,—_ _(a) the expression “House” has the meaning_ assigned to it in clause (a) of paragraph 1 of the Tenth Schedule; ----- ( ) _(b) the expression “remunerative political post”_ means any office— _(i) under the Government of India or the_ Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or _(ii) under a body, whether incorporated or_ not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature. **362.** [Rights and privileges of Rulers of Indian States.] _Rep. by the Constitution (Twenty-sixth Amendment)_ _Act,_ 1971, _s. 2._ **363.** (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, _sanad or_ other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article— (a) “Indian State” means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and (b) “Ruler” includes the Prince, Chief or other Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. ----- Recognition granted to Rulers of Indian States to cease and privy purses to be abolished. Special provisions as to major ports and aerodromes. ( ) 1[363A. Notwithstanding anything in this Constitution or in any law for the time being in force— (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler; (b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.] **364.** (1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification— (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or (b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification. (2) In this article— (a) “major port” means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port; (b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, ----- ( ) **365. Where any State has failed to comply with, or to** give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution. **366. In this Constitution, unless the context otherwise** requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— (1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax; (2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only; (3) “article” means an article of this Constitution; (4) “borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly; 1* * * * (5) “clause” means a clause of the article in which the expression occurs; (6) “corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:— (a) that it is not chargeable in respect of agricultural income; (b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; (c) that no provision exists for taking the tax so paid into account in computing for the Effect of failure to comply with, or to give effect to, directions given by the Union. Definitions. ----- ( ) purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals; (7) “corresponding Province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question; (8) “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly; (9) “estate duty” means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass; (10) “existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation; (11) “Federal Court” means the Federal Court constituted under the Government of India Act, 1935; (12) “goods” includes all materials, commodities, and articles; (13) “guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount; (14) “High Court” means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— ----- ( ) (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution; (15) “Indian State” means any territory which the Government of the Dominion of India recognised as such a State; (16) “Part” means a Part of this Constitution; (17) “pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund; (18) “Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352; (19) “public notification” means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State; (20) “railway” does not include— (a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway; 1* * * * * * 2[(22) “Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;] (23) “Schedule” means a Schedule to this Constitution; (24) “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, ----- ( ) races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution; (25) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution; (26) “securities” includes stock; 1* * * * * * (27) “sub-clause” means a sub-clause of the clause in which the expression occurs; (28) “taxation” includes the imposition of any tax or impost, whether general or local or special, and “tax” shall be construed accordingly; (29) “tax on income” includes a tax in the nature of an excess profits tax; 2[(29A) “tax on the sale or purchase of goods” includes— (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (c) a tax on the delivery of goods on hirepurchase or any system of payment by instalments; (d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; 1Cl (26A) i b th C tit ti (F t d A d t) A t 1976 54 ----- ( ) (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;] 1[(30) “Union territory” means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.] **367.** (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India. (2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State [2]***, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor [3]***, as the case may be. (3) For the purposes of this Constitution “foreign State” means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order[4] declare any State not to be a foreign State for such purposes as may be specified in the order. Interpretation. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30). 2Th d d l tt “ ifi d i P t A P t B f th Fi t S h d l ” itt d b ----- 1[Power of Parliament to amend the Constitution and procedure therefor.] ## PART XX AMENDMENT OF THE CONSTITUTION **368.** 2[(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.] 3[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, [4][it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) article 54, article 55, article 73, article 162 or article 241, or (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States [5]*** by resolutions to that effect passed by those Legislatures 1Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for “Procedure for the amendment of the Constitution”. 2Ins. by s. 3, _ibid._ 3Art. 368 renumbered as cl. (2) thereof by s. 3, _ibid._ 4Subs. by s. 3, _ibid., for “it shall be presented to the President for his assent and upon_ ----- _(_ _f_ _)_ before the Bill making provision for such amendment is presented to the President for assent. 1[(3) Nothing in article 13 shall apply to any amendment made under this article.] 2[(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Fortysecond Amendment) Act, 1976] shall be called in question in any court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.] 1I b th C tit ti (T t f th A d t) A t 1971 3 ----- Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. ## PART XXI 1[TEMPORARY, TRANSITIONAL ## AND SPECIAL PROVISIONS] **369.** Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:— (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or _kapas), cotton_ seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica; (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 370.)_ 1[370. (1) Notwithstanding anything in this Constitution,— (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to— (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. _Explanation.—For the purposes of this article, the_ Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948; (c) the provisions of article 1 and of this article shall apply in relation to that State; (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such Temporary provisions with respect to the State of Jammu and Kashmir. 1In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the _Explanation in cl. (1) thereof, the following Explanation is substituted, namely:—_ “Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir ----- Special provision with respect to the States of [4]*** Maharashtra and Gujarat. ( _p_ _y,_ _p_ _Provisions.—Arts._ 370-371.) exceptions and modifications as the President may by order[1] specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government. (2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. 2[371. 3* * * * (2) Notwithstanding anything in this Constitution, the President may by order made with respect to [5][the 1See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as amended from time to time, in Appendix I. 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371. 3Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f. 1 7 1974) ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371-371A.)_ State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for— (a) the establishment of separate development boards for Vidarbha, Marathwada, [1][and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly; (b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.] 2[371A. (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the Special provision with respect to the State of Nagaland. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order; (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand; (d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for— ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves; (ii) the qualifications for being chosen as, and for being, members of the regional council; (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council; (iv) the procedure and conduct of business of the regional council; (v) the appointment of officers and staff of the regional council and their conditions of services; and (vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council. (2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,— (a) the administration of the Tuensang district shall be carried on by the Governor; (b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ (c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub-clause may be given so as to have retrospective effect; (d) the Governor may make regulations for the peace, progress and good Government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district; (e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid[1]; (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same; 1Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f. 1-12-1963) that article 371A of the Constitution of India Shall have effect as if the following Proviso were added to paragraph (i) of sub-clause (e) of clause (2) thereof, namely:— “P id d th t th G th d i f th Chi f Mi i t i t ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ (f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion; (g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article; (h) in article 170— (i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word “sixty”, the word “forty-six” had been substituted; (ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article; (iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts. (3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland. ----- Special provision with respect to the State of Assam. Special provision with respect to the State of Manipur. ( _p_ _y,_ _p_ _Provisions.—Arts._ 371B-371C.) 1[371B. Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in [2][Part I] of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.] 3[371C. (1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee. (2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. _Explanation.—In this article, the expression “Hill_ Areas” means such areas as the President may, by order, declare to be Hill areas.] 1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4. 2S b b th N th E t A (R i ti ) A t 1971 (81 f 1971) 71 f ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ 1[371D. (1) The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. (2) An order made under clause (1) may, in particular,— (a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised; (b) specify any part or parts of the State which shall be regarded as the local area— (i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government; (ii) for direct recruitment to posts in any cadre under any local authority within the State; and (iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government; (c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made— (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order; Special provisions with respect to the State of Andhra Pradesh. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely:— (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ (4) An order made under clause (3) may— (a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit; (b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary; (c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order; (d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary. 1(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: Provided that the State Government may, by special order made in writing and for reasons to be specified ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. (6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature. (7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal. (8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition. (9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,— (a) no appointment, posting, promotion or transfer of any person— (i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or (ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371D—371F.)_ (b) no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. **371E.** Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.] 1[371F. Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members; (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)— (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Establishment of Central University in Andhra Pradesh. Special provisions with respect to the State of Sikkim. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution; (c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of [1][five years], in clause (1) of article 172 shall be construed as references to a period of [2][four years] and the said period of [2][four years] shall be deemed to commence from the appointed day; (d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim; (e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim; (f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “six years” (w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by the Constitution (Forty-second Amendment) Act 1976 s 56 (w e f 3-1-1977) ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim; (g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion; (h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim; (i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim; (j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution; (k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ (l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law; (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143; (n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification; (o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order [1], do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day; ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371F—371H.)_ (p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.] 1[371G. Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986; (b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.] 2[371H. Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order Special provision with respect to the State of Mizoram. Special provision with respect to the State of Arunachal Pradesh. ----- Special provision with respect to the State of Goa. Continuance in force of existing laws and their adaptation. ( _p_ _y,_ _p_ _Provisions.—Arts. 371H—372.)_ in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order; (b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.] 1[371-I. Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.] **372.** (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority. (2) For the purpose of brining the provisions of any law in force in the territory of India into accord with the ----- ( _p_ _y,_ _p_ _Provisions.—Art. 372.)_ provisions of this Constitution, the President may by order[1] make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. (3) Nothing in clause (2) shall be deemed— (a) to empower the President to make any adaptation or modification of any law after the expiration of [2][three years] from the commencement of this Constitution; or (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause. _Explanation I.—The expression “law in force” in this_ article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. _Explanation II.—Any law passed or made by a_ Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, contiue to have such extra-territorial effect. 1See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 449, as amended by Notification No. S.R.O. 115, dated the 5th June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, Notification No. S.R.O. 870, dated the 4th November, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 903, Notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of India, Extraordinary, Part II, Section 3, p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India, Extraordinary Part II Section 3 p 616/I; and the Adaptation of the Travancore-Cochin ----- Power of the President to adapt laws. Power of President to make order in respect of persons under preventive detention in certain ( _p_ _y,_ _p_ _Provisions.—Arts._ 372—373.) _Explanation III.—Nothing in this article shall be_ construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force. _Explanation IV.—An Ordinance promulgated by the_ Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period. 1[372A. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order[2] made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. (2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.] **373.** Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there ----- ( _p_ _y,_ _p_ _Provisions.—Art._ 373-374.) were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President. **374. (1) The Judges of the Federal Court holding office** immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court. (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court. (3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council. ----- Courts, authorities and officers to continue to function subject to the provisions of the Constitution. Provisions as to Judges of High Courts. ( _p_ _y,_ _p_ _Provisions.—Arts._ 374—376.) First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court. (5) Further provision may be made by Parliament by law to give effect to the provisions of this article. **375.** All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution. **376.** (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. [1][Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.] (2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine ----- ( _p_ _y,_ _p_ _Provisions.—Art._ 376—378.) (3) In this article, the expression “Judge” does not include an acting Judge or an additional Judge. **377.** The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. **378.** (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. (2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration Provisions as to Comptroller and Auditor-General of India. Provisions as to Public Service Commissions. ----- Special provision as to duration of Andhra Pradesh Legislative Assembly. Power of the President to remove difficulties. ( _p_ _y,_ _p_ _Provisions.—Art. 378A—392.)_ 1[378A. Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.] **379.—391.** _Rep. by the Constitution (Seventh Amendment)_ _Act,_ 1956, s. 29 _and Sch._ **392. (1) The President may, for the purpose of removing** any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V. (2) Every order made under clause (1) shall be laid before Parliament. (3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India. ----- ## PART XXII ### SHORT TITLE, COMMENCEMENT [1][, AUTHORI- TATIVE TEXT IN HINDI] AND REPEALS **393. This Constitution may be called the Constitution** of India. **394. This article and articles 5, 6, 7, 8, 9, 60, 324, 366,** 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. 2[394A. (1) The President shall cause to be published under his authority,— (a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and (b) the translation in the Hindi language of every amendment of this Constitution made in the English language. (2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably. (3) The translation of this Constitution and of every amendment thereof published under this article shall be Short title. Commencement. Authoritative text in the Hindi language. ----- Repeals. _(_ _,_ _,_ _Text in Hindi and Repeals.—Arts. 394A-395.)_ deemed to be, for all purposes, the authoritative text thereof in the Hindi language.] **395.** The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed. -----

26-Nov-1949

1

The constitution of india

https://www.indiacode.nic.in/bitstream/123456789/19151/1/constitution_of_india.pdf

Andaman and Nicobar Islands

# THE CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [1][SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [2][unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twentysixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Preamble. ----- Name and territory of the Union. Admission or establishment of new States. Formation of new States and alteration of areas, boundaries or names of existing States. ## PART I THE UNION AND ITS TERRITORY **1. (1) India, that is Bharat, shall be a Union of States.** 1[(2) The States and the territories thereof shall be as specified in the First Schedule.] (3) The territory of India shall comprise— (a) the territories of the States; 2[(b) the Union territories specified in the First Schedule; and] (c) such other territories as may be acquired. **2.** Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 32A. [Sikkim to be associated with the Union.] Rep. by the _Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f._ 26-4-1975). **3.** Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: 4[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2). 2Subs. by s. 2, _ibid., for sub-clause (b)._ ----- ( _y_ ) or name of any of the States [1]***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.] 2[Explanation I.—In this article, in clauses _(a) to_ _(e),_ "State'' includes a Union territory, but in the proviso, "State'' does not include a Union territory. _Explanation II.—The power conferred on Parliament_ by clause _(a) includes the power to form a new State or_ Union territory by uniting a part of any State or Union territory to any other State or Union territory.] **4. (1) Any law referred to in article 2 or article 3 shall** contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. ----- Citizenship at the commencement of the Constitution. Rights of citizenship of certain persons who have migrated to India from Pakistan. ## PART II CITIZENSHIP **5.** At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. **6. Notwithstanding anything in article 5, a person** who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless ----- ( _p_ ) **7. Notwithstanding anything in articles 5 and 6, a** person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. **8. Notwithstanding anything in article 5, any person** who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. **9. No person shall be a citizen of India by virtue of** article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. **10. Every person who is or is deemed to be a citizen** of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. **11. Nothing in the foregoing provisions of this Part** shall derogate from the power of Parliament to make Rights of citizenship of certain migrants to Pakistan. Rights of citizenship of certain persons of Indian origin residing outside India. Persons voluntarily acquiring citizenship of a foreign State not to be citizens. Continuance of the rights of citizenship. Parliament to regulate the right f iti hi b ----- Definition. Laws inconsistent with or in derogation of the fundamental rights. Equality before law. ## PART III FUNDAMENTAL RIGHTS _General_ **12. In this Part, unless the context otherwise requires,** “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. **13.** **(1) All laws in force in the territory of India** immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. 1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.] _Right to Equality_ **14.** The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India ----- ( _g_ ) **15.** (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. 1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.] 2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.] **16. (1) There shall be equality of opportunity for all** citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or l f l i ffi Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Equality of opportunity in matters of public employment. ----- Abolition of Untouchability. Abolition of titles. ( _g_ ) 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 2[(4A) Nothing in this article shall prevent the State from making any provision for reservation [3][in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.] 4[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.] (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. **17. “Untouchability” is abolished and its practice in** any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. **18. (1) No title, not being a military or academic** distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State”. 2Ins by the Constitution (Seventy-seventh Amendment) Act 1995 s 2 ----- ( _g_ ) (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. _Right to Freedom_ **19. (1) All citizens shall have the right—** (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; [1][and] 2* * * * * (g) to practise any profession, or to carry on any occupation, trade or business. 3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [4][the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.] (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [4][the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [4][the sovereignty and Protection of certain rights regarding freedom of speech, etc. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979). 2Sub-clause (f) omitted by s 2 ibid (w e f 20-6-1979) ----- Protection in respect of conviction for offences. Protection of life and personal liberty. ( _g_ ) integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in [1][sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, [2][nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,— (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise]. **20. (1) No person shall be convicted of any offence** except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. **21. No person shall be deprived of his life or personal** liberty except according to procedure established by law. ----- ( _g_ ) *[21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.] **22. (1) No person who is arrested shall be detained in** custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply— (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. **(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed Right to education. Protection against arrest and detention in certain cases. *Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (which is not yet in force, date to be notified later on). **Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on) as— “(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in acordance with the recommendations of the Chief Justice of the appropriate Hight Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other menbers shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7). _Explanation.—In this clause, “appropriate High Court” means,—_ (i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for the State; and ----- ( _g_ ) as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe— *(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); **(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under ***[sub-clause (a) of clause (4)]. *Sub-clause (a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on). **S b l (b) h ll t d l tt d b l ( ) b 3 ibid ( hi h i t t i ----- ( _g_ ) _Right against Exploitation_ **23.** (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. **24. No child below the age of fourteen years shall be** employed to work in any factory or mine or engaged in any other hazardous employment. _Right to Freedom of Religion_ **25. (1) Subject to public order, morality and health** and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. _Explanation I.—The wearing and carrying of_ _kirpans_ shall be deemed to be included in the profession of the Sikh religion. _Explanation II.—In sub-clause (b) of clause (2), the_ reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. **26. Subject to public order, morality and health, every** religious denomination or any section thereof shall have the right— Prohibition of traffic in human beings and forced labour. Prohibition of employment of children in factories, etc. Freedom of conscience and free profession, practice and propagation of religion. Freedom to manage religious affairs. ----- Freedom as to payment of taxes for promotion of any particular religion. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Protection of interests of minorities. Right of minorities to establish and administer educational institutions. ( _g_ ) (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. **27. No person shall be compelled to pay any taxes,** the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. **28. (1) No religious instruction shall be provided in** any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. _Cultural and Educational Rights_ **29. (1) Any section of the citizens residing in the** territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. **30. (1) All minorities, whether based on religion or** language, shall have the right to establish and administer educational institutions of their choice. 1[(1A) In making any law providing for the compulsory acquisition of any property of an educational ----- ( _g_ ) referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 1* * * **31. [Compulsory acquisition of property.]** _Rep. by the_ _Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f._ 20-6-1979). [2][Saving of Certain Laws] 3[31A. 4[(1) Notwithstanding anything contained in article 13, no law providing for— (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or Saving of laws providing for acquisition of estates, etc. 1The sub-heading “Right to Property” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979). 2I b th C tit ti (F t d A d t) A t 1976 3 ( f 3 1 1977) ----- ( _g_ ) (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [1][article 14 or article 19]: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:] 2[Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.] (2) In this article,— 3[(a) the expression ''estate'' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include— (i) any jagir, inam or muafi or other similar grant and in the States of [ 4][Tamil Nadu] and Kerala, any janmam right; 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14, article 19 or article 31” (w.e.f. 20-6-1979). 2 b h C (S h d ) ----- ( _g_ ) (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;] (b) the expression ''rights'', in relation to an estate, shall include any rights vesting in a proprietor, subproprietor, under-proprietor, tenure-holder, [1][raiyat, _under-raiyat] or other intermediary and any rights or_ privileges in respect of land revenue.] 2[31B. Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.] [3][31C. Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing [4][all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [5][article 14 or article 19]; [ 6]and no law Validation of certain Acts and Regulations. Saving of laws giving effect to certain directive principles. 1Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect). 2Ins. by the Constitution (First Amendment) Act, 1951, s. 5. 3Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972). 4Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others (1980) 2. S.C.C. 591. 5S b b th C tit ti (F t f th A d t) A t 1978 8 f “ ti l 14 ----- Remedies for enforcement of rights conferred by this Part. ( _g_ ) _containing a declaration that it is for giving effect to such_ _policy shall be called in question in any court on the ground_ _that it does not give effect to such policy:_ Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent. [1]31D. [Saving of laws in respect of anti-national activities.] _Rep. by the Constitution (Forty-third Amendment) Act, 1977,_ _s. 2 (w.e.f. 13-4-1978)._ _Right to Constitutional Remedies_ **32.** (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of _habeas corpus, mandamus, prohibition, quo warranto and_ _certiorari, whichever may be appropriate, for the_ enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. 232A. [Constitutional validity of State laws not to be _considered in proceedings under article 32.]_ _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f._ 13-4-1978). ----- ( _g_ ) 1[33. Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,— (a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.] **34. Notwithstanding anything in the foregoing** provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. **35. Notwithstanding anything in this Constitution,—** (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws— (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts hi h d l d t b ff d thi P t Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. Restriction on rights conferred by this Part while martial law is in force in any area. Legislation to give effect to the provisions of this Part. ----- ( _g_ ) and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. _Explanation.—In this article, the expression “law in_ force” has the same meaning as in article 372. ----- ## PART IV DIRECTIVE PRINCIPLES OF STATE POLICY **36. In this Part, unless the context otherwise requires,** “the State” has the same meaning as in Part III. **37. The provisions contained in this Part shall not be** enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. **38.** [1][(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. 2[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.] **39. The State shall, in particular, direct its policy** towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; Definition. Application of the principles contained in this Part. State to secure a social order for the promotion of welfare of the people. Certain principles of policy to be followed by the State. ----- Equal justice and free legal aid. Organisation of village panchayats. Right to work, to education and to public assistance in certain cases. Provision for just and humane conditions of work and maternity relief. Living wage, etc., for workers. ( _p_ _f_ _y_ _Arts. 39—43.)_ (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 1[(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.] 2[39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.] **40. The State shall take steps to organise village** panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. **41. The State shall, within the limits of its economic** capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. **42. The State shall make provision for securing just** and humane conditions of work and for maternity relief. **43.** The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent ----- ( _p_ _f_ _y_ _Arts. 43—48A.)_ standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. 1[43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.] **44. The State shall endeavour to secure for the citizens** a uniform civil code throughout the territory of India. ***[45. The State shall endeavour to provide, within a** period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.] **46. The State shall promote with special care the** educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. **47. The State shall regard the raising of the level of** nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. **48. The State shall endeavour to organise agriculture** and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. Participation of workers in management of industries. Uniform civil code for the citizens. Provision for free and compulsory education for children. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Organisation of agriculture and animal husbandry. 1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977). ***Art. 45 shall stand substituted by the Constitution (Eighty-sixth Amendment) Act,** 2002 3 ( hi h i t t i f d t t b tifi d l t ) ----- Protection and improvement of environment and safeguarding of forests and wild life. Protection of monuments and places and objects of national importance. Separation of judiciary from executive. Promotion of international peace and security. ( _p_ _f_ _y_ _Arts. 48A—51.)_ 1[48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.] **49. It shall be the obligation of the State to protect** every monument or place or object of artistic or historic interest, [2][declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. **50. The State shall take steps to separate the judiciary** from the executive in the public services of the State. **51. The State shall endeavour to—** (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and (d) encourage settlement of international disputes by arbitration. 1I b th C tit ti (F t d A d t) A t 1976 10 ( f ----- 1[PART IVA ## FUNDAMENTAL DUTIES **51A. It shall be the duty of every citizen of India—** (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; *[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.] Fundamental duties. ----- The President of India. Executive power of the Union. Election of President. ## PART V THE UNION CHAPTER I.—THE EXECUTIVE _The President and Vice-President_ **52. There shall be a President of India.** **53. (1) The executive power of the Union shall be** vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall— (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. **54. The President shall be elected by the members of** an electoral college consisting of— (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. 1[Explanation.—In this article and in article 55, ''State'' includes the National Capital Territory of Delhi and the Union territory of *Pondicherry.] ----- ( ) **55. (1) As far as practicable, there shall be uniformity** in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States _inter se as well as parity between the_ States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:— (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding onehalf being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. 1[Explanation.—In this article, the expression ''population'' means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have Manner of election of President. ----- Term of office of President. Eligibility for reelection. Qualifications for election as President. ( ) been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the 1971 census.] **56. (1) The President shall hold office for a term of** five years from the date on which he enters upon his office: Provided that— (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. **57. A person who holds, or who has held, office as** President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. **58. (1) No person shall be eligible for election as** President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. ----- ( ) _Explanation.—For the purposes of this article, a person_ shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor [1]*** of any State or is a Minister either for the Union or for any State. **59. (1) The President shall not be a member of either** House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. **60. Every President and every person acting as** President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say— "I, A.B., do swear in the name of God that I will faithsolemnly affirm fully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Conditions of President's office. Oath or affirmation by the President. ----- Procedure for impeachment of the President. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy. ( ) Constitution and the law and that I will devote myself to the service and well-being of the people of India”. **61. (1) When a President is to be impeached for** violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. **62. (1) An election to fill a vacancy caused by the** expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible ft d i l t th i th f th d t ----- ( ) be entitled to hold office for the full term of five years from the date on which he enters upon his office. **63.** There shall be a Vice-President of India. **64. The Vice-President shall be ex officio Chairman of** the Council of States and shall not hold any other office of profit: Provided that during any period when the VicePresident acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97. **65. (1) In the event of the occurrence of any vacancy** in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. **66. (1) The Vice-President shall be elected by the** 1[members of an electoral college consisting of the members of both Houses of Parliament] in accordance The Vice-President of India. The Vice-President to be _ex officio_ Chairman of the Council of States. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. Election of VicePresident. ----- Term of office of Vice-President. ( ) with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. (2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. (3) No person shall be eligible for election as VicePresident unless he— (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible for election as VicePresident if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. _Explanation.—For the purposes of this article, a person_ shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor [1]*** of any State or is a Minister either for the Union or for any State. **67. The Vice-President shall hold office for a term of** five years from the date on which he enters upon his office: Provided that— (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; ----- ( ) (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution; (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. **68.** (1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of VicePresident occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office. **69. Every Vice-President shall, before entering upon** his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say— “I, A.B., do [swear in the name of God] that I will bear true solemnly affirm Time of holding election to fill vacancy in the office of VicePresident and the term of office of person elected to fill casual vacancy. Oath or affirmation by the VicePresident. faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.” **70. Parliament may make such provisions as it thinks** fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. 1[71. (1) All doubts and disputes arising out of or in connection with the election of a President or VicePresident shall be inquired into and decided by the Supreme Court whose decision shall be final. Discharge of President's functions in other contingencies. Matters relating to, or connected with, the election of a President or Vice-President. ----- Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. ( ) (2) If the election of a person as President or VicePresident is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or VicePresident, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or VicePresident. (4) The election of a person as President or VicePresident shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.] **72. (1) The President shall have the power to grant** pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence— (a) in all cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor [1]*** of a State under any law for the time being in force. ----- ( ) **73. (1) Subject to the provisions of this Constitution,** the executive power of the Union shall extend— (a) to the matters with respect to which Parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in subclause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State [1]*** to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution. _Council of Ministers_ **74.** [ 2][(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:] 3[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.] (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. Extent of executive power of the Union. Council of Ministers to aid and advise President. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by th C tit ti (S th A d t) A t 1956 29 d S h ----- Other provisions as to Ministers. Attorney-General for India. ( ) **75. (1) The Prime Minister shall be appointed by the** President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. 1[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.] (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People. (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. _The Attorney-General for India_ **76. (1) The President shall appoint a person who is** qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to d h G f I d h l l ----- ( ) matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) In the performance of his duties the AttorneyGeneral shall have right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. _Conduct of Government Business_ **77.** (1) All executive action of the Government of India shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules[1 ]to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. [2]* - - **78. It shall be the duty of the Prime Minister—** (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and Conduct of business of the Government of India. Duties of Prime Minister as respects the furnishing of information to the President, etc. 1See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of India, E t di 1958 Pt II S 3(ii) 1315 d d f ti t ti ----- Constitution of Parliament. Composition of the Council of States. ( ) (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. CHAPTER II.—PARLIAMENT _General_ **79. There shall be a Parliament for the Union which** shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. **80. (1)** [1][[2]*** The Council of States] shall consist of— (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States [3][and of the Union territories.] (2) The allocation of seats in the Council of States to be filled by representatives of the States [3][and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service. (4) The representatives of each State [4]*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the [5][Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe. 1Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of States” (w.e.f. 1-3-1975). 2The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 3Add d b th C tit ti (S th A d t) A t 1956 3 ----- ( ) 1[81. (1) 2[Subject to the provisions of article 331 3***], the House of the People shall consist of— (a) not more than [4][five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and (b) not more than [5][twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause (a) of clause (1),— (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: 6[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.] (3) In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: 7[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [8][2026] have been published, 9[be construed,— Composition of the House of the People. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 4, for arts. 81 and 82. 2Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the provisions of article 331” (w.e.f. 1-3-1975). 3The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “five hundred and twenty-five members” (w.e.f. 30-5-1987). 5Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five members”. 6I b 2 ibid ----- Readjustment after each census. Duration of Houses of Parliament. ( ) (i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause (b) of clause (2) as a reference to the [1][2001] census.]] **82. Upon the completion of each census, the allocation** of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: 2[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year [3][2026] have been published, it shall not be necessary to [4][readjust— (i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may be readjusted on the basis of the [5][2001] census, under this article.]] **83. (1) The Council of States shall not be subject to** dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. 1Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for “1991”. ----- ( ) (2) The House of the People, unless sooner dissolved, shall continue for [1][five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [1][five years] shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. **84. A person shall not be qualified to be chosen to fill** a seat in Parliament unless he— 2[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. 3[85. (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the People.] **86. (1) The President may address either House of** Parliament or both Houses assembled together, and for that purpose require the attendance of members. Qualification for membership of Parliament. Sessions of Parliament, prorogation and dissolution. Right of President to address and send messages to Houses. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for “six years” ( f 20 6 1979) Th d “ i ” b f th i i l d “fi ” b ----- Special address by the President. Rights of Ministers and AttorneyGeneral as respects Houses. The Chairman and Deputy Chairman of the Council of States. Vacation and resignation of, and removal from, the office of Deputy Chairman. ( ) (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. **87. (1) At the commencement of** [1][the first session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address [2]***. **88. Every Minister and the Attorney-General of India** shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. _Officers of Parliament_ **89. (1) The Vice-President of India shall be** _ex officio_ Chairman of the Council of States. (2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. **90. A member holding office as Deputy Chairman of** the Council of States— (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: ----- ( ) Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. **91. (1) While the office of Chairman is vacant, or** during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. **92. (1) At any sitting of the Council of States, while** any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. **93. The House of the People shall, as soon as may be,** choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. The Speaker and Deputy Speaker of the House of the People. ----- Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. The Speaker or the Deputy Speaker not to preside while a resolution for his removal f ffi i ( ) **94. A member holding office as Speaker or Deputy** Speaker of the House of the People— (a) shall vacate his office if he ceases to be a member of the House of the People; (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution. **95. (1) While the office of Speaker is vacant, the duties** of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. (2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker. **96. (1) At any sitting of the House of the People, while** any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his ffi i d id ti th D t S k h ll ----- ( ) such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. **97. There shall be paid to the Chairman and the** Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. **98. (1) Each House of Parliament shall have a separate** secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament. (3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House f th P l th C il f St t d l Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. Secretariat of Parliament. ----- Oath or affirmation by members. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Vacation of seats. ( ) _Conduct of Business_ **99. Every member of either House of Parliament shall,** before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. **100. (1) Save as otherwise provided in this** Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House. (4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum. _Disqualifications of Members_ **101. (1) No person shall be a member of both Houses** of Parliament and provision shall be made by Parliament b law for the acation b a person who is chosen a ----- ( ) (2) No person shall be a member both of Parliament and of a House of the Legislature of a State [1]***, and if a person is chosen a member both of Parliament and of a House of the Legislature of [2][a State], then, at the expiration of such period as may be specified in rules[3] made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State. (3) If a member of either House of Parliament— (a) becomes subject to any of the disqualifications mentioned in [4][clause (1) or clause (2) of article 102], or 5[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant: 6[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 29 and Sch., _ibid., “such a State”._ 3See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678. 4S b b th C tit ti (Fift d A d t) A t 1985 2 f “ l (1) f ----- Disqualifications for membership. Decision on questions as to disqualifications of members. ( ) which the House is prorogued or is adjourned for more than four consecutive days. **102. (1) A person shall be disqualified for being chosen** as, and for being, a member of either House of Parliament— (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. [1][Explanation.—For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. 2[(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.] 3[103. (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final. 1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the purposes of this article” (w.e.f. 1-3-1985) 2I b 3 ibid ( f 1 3 1985) ----- ( ) (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.] **104. If a person sits or votes as a member of either** House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union. _Powers, Privileges and Immunities of Parliament_ _and its Members_ **105. (1) Subject to the provisions of this Constitution** and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No member of Parliament shall be liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, [1][shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.] (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. ----- Salaries and allowances of members. Provisions as to introduction and passing of Bills. Joint sitting of both Houses in certain cases. ( ) take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament. **106. Members of either House of Parliament shall be** entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India. _Legislative Procedure_ **107. (1) Subject to the provisions of articles 109 and** 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. (2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. (4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People. (5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People. **108. (1) If after a Bill has been passed by one House** and transmitted to the other House— (a) the Bill is rejected by the other House; or ----- ( ) (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days. (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly. (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: Provided that at a joint sitting— (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it i i t d d t h ll b d t th ----- Special procedure in respect of Money Bills. ( ) (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein. **109. (1) A Money Bill shall not be introduced in the** Council of States. (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States. (3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People. (4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States. ----- ( ) People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People. **110. (1) For the purposes of this Chapter, a Bill shall** be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by Definition of “Money Bills”. ----- Assent to Bills. Annual financial statement. ( ) (3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill. **111. When a Bill has been passed by the Houses of** Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom: Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom. _Procedure in Financial Matters_ **112. (1) The President shall in respect of every financial** year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the “annual financial statement”. (2) The estimates of expenditure embodied in the annual financial statement shall show separately— ----- ( ) (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of India— (a) the emoluments and allowances of the President and other expenditure relating to his office; (b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People; (c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court; (ii) the pensions payable to or in respect of Judges of the Federal Court; (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in [1][a Governor's Province of the Dominion of India]; (e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India; ----- Procedure in Parliament with respect to estimates. Appropriation Bills. ( ) (f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged. **113. (1) So much of the estimates as relates to** expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the President. **114. (1) As soon as may be after the grants under** article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet— (a) the grants so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament. (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the d i i f h idi h h ----- ( ) (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article. **115. (1) The President shall—** (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be. (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant. **116.** (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power— Supplementary, additional or excess grants. Votes on account, votes of credit and exceptional grants ----- Special provisions as to financial Bills. ( ) year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made. (2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure. **117. (1) A Bill or amendment making provision for** any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other ----- ( ) alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. _Procedure Generally_ **118. (1) Each House of Parliament may make rules for** regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses. (4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside. **119. Parliament may, for the purpose of the timely** completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any Rules of procedure. Regulation by law of procedure in Parliament in relation to financial business. ----- Language to be used in Parliament. Restriction on discussion in Parliament. Courts not to inquire into proceedings of Parliament. Power of President to promulgate O di d i ( ) effect in relation to Parliament under clause (2) of that article, such provision shall prevail. **120. (1) Notwithstanding anything in Part XVII, but** subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue. (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom. **121. No discussion shall take place in Parliament** with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. **122. (1) The validity of any proceedings in Parliament** shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT **123. (1) If at any time, except when both Houses of** Parliament are in session, the President is satisfied that ----- ( ) (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. _Explanation.—Where the Houses of Parliament are_ summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. 1* - - CHAPTER IV.—THE UNION JUDICIARY **124.** (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven[2 ]other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India Establishment and constitution of Supreme Court. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 ( t ti l ) d itt d b th C tit ti (F t f th A d t) A t 1978 ----- ( ) shall always be consulted: Provided further that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). 1[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. _Explanation I.—In this clause "High Court'' means a_ High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India. _Explanation II.—In computing for the purpose of this_ clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than twohi d f h b f h H d ----- ( ) voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. **125.** [1][(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. **126. When the office of Chief Justice of India is vacant** or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, Salaries, etc., of Judges. Appointment of acting Chief Justice. ----- Appointment of _ad hoc_ Judges. Attendance of retired Judges at sittings of the Supreme Court. ( ) the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. **127. (1) If at any time there should not be a quorum** of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an _ad hoc_ Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court. **128. Notwithstanding anything in this Chapter, the** Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [1][or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do ----- ( ) **129. The Supreme Court shall be a court of record** and shall have all the powers of such a court including the power to punish for contempt of itself. **130. The Supreme Court shall sit in Delhi or in such** other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. **131. Subject to the provisions of this Constitution, the** Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: 1[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, _sanad or other similar instrument which,_ having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.] 2131A. [Exclusive jurisdiction of the Supreme Court in _regard to questions as to constitutional validity of Central_ _laws.] Rep. by the Constitution (Forty-third Amendment) Act,_ 1977, _s. 4 (w.e.f._ 13-4-1978). **132. (1) An appeal shall lie to the Supreme Court** from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or Supreme Court to be a court of record. Seat of Supreme Court. Original jurisdiction of the Supreme Court. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases ----- Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters. ( ) other proceeding, [1][if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution. 2* - * * (3) Where such a certificate is given, [3]*** any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided [3]***. _Explanation.—For the purposes of this article, the_ expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. **133.** [4][(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India [5][if the High Court certifies under article 134A—] (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High Court certifies” (w.e.f. 1-8-1979). 2Cl. (2) omitted by s. 17, _ibid. (w.e.f. 1-8-1979)._ 3Certain words omitted by s. 17, _ibid. (w.e.f. 1-8-1979)._ 4S b b th C tit ti (Thi ti th A d t) A t 1972 2 f l (1) ( f ----- ( ) **134.** (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) [1][certifies under article 134A] that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require. (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. 2[134A. Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,— (a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature Appellate jurisdiction of Supreme Court in regard to criminal matters. Certificate for appeal to the Supreme Court. ----- Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. Special leave to appeal by the Supreme Court. Review of judgments or orders by the Supreme Court. Enlargement of the jurisdiction of the Supreme Court. Conferment on the Supreme Court of powers to issue certain ( ) referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.] **135. Until Parliament by law otherwise provides, the** Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. **136. (1) Notwithstanding anything in this Chapter,** the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. **137. Subject to the provisions of any law made by** Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. **138. (1) The Supreme Court shall have such further** jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. **139. Parliament may by law confer on the Supreme** Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, ----- ( ) 1[139A. 2[(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.] (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.] **140. Parliament may by law make provision for** conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. **141. The law declared by the Supreme Court shall be** binding on all courts within the territory of India. **142. (1) The Supreme Court in the exercise of its** jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or Transfer of certain cases. Ancillary powers of Supreme Court. Law declared by Supreme Court to be binding on all courts. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. ----- Power of President to consult Supreme Court. Civil and judicial authorities to act in aid of the Supreme Court. ( ) order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order[1 ]prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. **143. (1) If at any time it appears to the President that** a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. (2) The President may, notwithstanding anything in 2*** the proviso to article 131, refer a dispute of the kind mentioned in the [3][said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon. **144. All authorities, civil and judicial, in the territory** of India shall act in aid of the Supreme Court. 4144A. [Special provisions as to disposal of questions _relating to constitutional validity of laws.]_ _Rep. by the_ _Constitution (Forty-third Amendment)_ _Act,_ 1977, s. 5 (w.e.f. 13-4-1978). 1See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C. O. 47). 2Th d b k t d fi “ l (i) f” itt d b th C tit ti (S th ----- ( ) **145. (1) Subject to the provisions of any law made by** Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including— (a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered; (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III; 1[(cc) rules as to the proceedings in the Court under [2][article 139A];] (d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134; (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered; (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein; (g) rules as to the granting of bail; (h) rules as to stay of proceedings; (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay; (j) rules as to the procedure for inquiries referred to in clause (1) of article 317. Rules of Court, etc. ----- Officers and servants and the expenses of the Supreme Court. ( ) (2) Subject to the [1][provisions of [2]*** clause (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts. (3) [3][[2]*** The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. (4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court. (5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion. **146. (1) Appointments of officers and servants of the** Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “provisions of clause (3)” (w.e.f. 1-2-1977). 2C t i d itt d b th C tit ti (F t thi d A d t) A t 1977 6 ----- ( ) Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President. (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund. **147. In this Chapter and in Chapter V of Part VI,** references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder. CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA **148. (1) There shall be a Comptroller and Auditor-** General of India who shall be appointed by the President Interpretation. Comptroller and Auditor-General of India ----- Duties and powers of the Comptroller and Auditor-General. ( ) (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General. (6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of the persons serving in that office, shall be charged upon the Consolidated Fund of India. **149. The Comptroller and Auditor-General shall** perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under ----- ( ) of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively. [1][150. The accounts of the Union and of the States shall be kept in such form as the President may, [2][on the advice of] the Comptroller and Auditor-General of India, prescribe.] **151. (1) The reports of the Comptroller and Auditor-** General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. (2) The reports of the Comptroller and AuditorGeneral of India relating to the accounts of a State shall be submitted to the Governor [3]*** of the State, who shall cause them to be laid before the Legislature of the State. Form of accounts of the Union and of the States. Audit reports. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art. 150 (w.e.f. 1-4-1977). 2S b b th C tit ti (F t f th A d t) A t 1978 22 f “ ft ----- Definition. Governors of States. Executive power of State. Appointment of Governor. Term of office of Governor. ## PART VI THE STATES [1]*** CHAPTER I.—GENERAL **152. In this Part, unless the context otherwise requires,** the expression “State” [2][does not include the State of Jammu and Kashmir]. CHAPTER II.—THE EXECUTIVE _The Governor_ **153. There shall be a Governor for each State:** 3[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] **154. (1) The executive power of the State shall be** vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Nothing in this article shall— (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. **155. The Governor of a State shall be appointed by** the President by warrant under his hand and seal. **156. (1) The Governor shall hold office during the** pleasure of the President. 1The words “IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. ----- ( ) (2) The Governor may, by writing under his hand addressed to the President, resign his office. (3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. **157. No person shall be eligible for appointment as** Governor unless he is a citizen of India and has completed the age of thirty-five years. **158. (1) The Governor shall not be a member of either** House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor. (2) The Governor shall not hold any other office of profit. (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 1[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.] (4) The emoluments and allowances of the Governor shall not be diminished during his term of office. **159. Every Governor and every person discharging** the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in Qualifications for appointment as Governor. Conditions of Governor's office. Oath or affirmation by the Governor. ----- Discharge of the functions of the Governor in certain contingencies. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. Extent of executive power of State. Council of Ministers to aid and advise Governor. ( ) Judge of that Court available, an oath or affirmation in the following form, that is to say— “I, A. B., do [swear in the name of God] that I will faithfully solemnly affirm execute the office of Governor (or discharge the functions of the Governor) of .............(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..………(name _of the State).”_ **160. The President may make such provision as he** thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter. **161. The Governor of a State shall have the power to** grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. **162. Subject to the provisions of this Constitution, the** executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. _Council of Ministers_ **163. (1) There shall be a Council of Ministers with the** Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be ----- ( ) (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. **164. (1) The Chief Minister shall be appointed by the** Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of [1][Chhattisgarh, Jharkhand], Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. 2[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date* as the President may by public notification appoint. (1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.] Other provisions as to Ministers. ----- Advocate-General for the State. Conduct of business of the Government of a State. ( ) (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule. _The Advocate-General for the State_ **165.** (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. _Conduct of Government Business_ **166. (1) All executive action of the Government of a** State shall be expressed to be taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument ----- ( ) (3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion. 1* * * * * **167. It shall be the duty of the Chief Minister of each** State— (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. CHAPTER III.—THE STATE LEGISLATURE _General_ **168. (1) For every State there shall be a Legislature** which shall consist of the Governor, and— (a) in the States of [2][Andhra Pradesh,] Bihar, [3]*** 4[Madhya Pradesh], 5*** 6[Maharashtra], 7[Karnataka], 8*** 9[and Uttar Pradesh], two Houses; (b) in other States, one House. Duties of Chief Minister as respects the furnishing of information to Governor, etc. Constitution of Legislatures in States. 1Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23 (w.e.f. 20-6-1979). 2Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3 (w.e.f. 30-3-2007). 3The word “Bombay” omitted by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960). 4No date has been appointed under s. 8(2) of the Constitution (Seventh Amendment) Act, 1956, for the insertion of the words “Madhya Pradesh” in this sub-clause. 5The words “Tamil Nadu,” omitted by Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986). 6Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960). 7Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for “Mysore” (w.e.f 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8(1). ----- Abolition or creation of Legislative Councils in States. Composition of the Legislative Assemblies. ( ) (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. **169. (1) Notwithstanding anything in article 168,** Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. (2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. 1[170. (1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. (2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. 2[Explanation.—In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: ----- ( ) Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the [2][2001] census.] (3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:] [3][Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year [1][2026] have been published, it shall not be necessary to [4][readjust— (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the [2][2001] census, under this clause.] **171.** (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [5][one-third] of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. Composition of the Legislative Councils. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”. 3I b h C i i (F d A d ) A 1976 29 ( f ----- ( ) (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). (3) Of the total number of members of the Legislative Council of a State— (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify; (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university; (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament; (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly; (e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote ----- ( ) having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art, co-operative movement and social service. **172. (1) Every Legislative Assembly of every State,** unless sooner dissolved, shall continue for [1][five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [1][five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. **173. A person shall not be qualified to be chosen to** fill a seat in the Legislature of a State unless he— 2[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Duration of State Legislatures. Qualification for membership of the State Legislature. 1S b b th C tit ti (F t f th A d t) A t 1978 24 f “ i ” ----- Sessions of the State Legislature, prorogation and dissolution. Right of Governor to address and send messages to the House or Houses. Special address by the Governor. Rights of Ministers and AdvocateGeneral as respects the Houses. ( ) 1[174. (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may from time to time— (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.] **175. (1) The Governor may address the Legislative** Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. (2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. **176.** (1) At the commencement of [2][the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address [3]***. **177. Every Minister and the Advocate-General for a** State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative 1S b b th C tit ti (Fi t A d t) A t 1951 8 f t 174 ----- ( ) Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. _Officers of the State Legislature_ **178. Every Legislative Assembly of a State shall, as** soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. **179. A member holding office as Speaker or Deputy** Speaker of an Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. **180. (1) While the office of Speaker is vacant, the** duties of the office shall be performed by the Deputy The Speaker and Deputy Speaker of the Legislative Assembly. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. Power of the Deputy Speaker or other person to ----- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. The Chairman and Deputy Chairman of the Legislative Council. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman. ( ) (2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker. **181. (1) At any sitting of the Legislative Assembly,** while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. **182. The Legislative Council of every State having** such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be. **183. A member holding office as Chairman or Deputy** Chairman of a Legislative Council— (a) shall vacate his office if he ceases to be a member of the Council; ----- ( ) Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. **184. (1) While the office of Chairman is vacant, the** duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. **185. (1) At any sitting of the Legislative Council,** while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled t t l i th fi t i t h l ti Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. ----- Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman. Secretariat of State Legislature. Oath or affirmation by members. Voting in Houses, power of Houses to act notwithstanding ( ) **186. There shall be paid to the Speaker and the Deputy** Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. **187. (1) The House or each House of the Legislature** of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature. (2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State. (3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause. _Conduct of Business_ **188. Every member of the Legislative Assembly or the** Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. **189. (1) Save as otherwise provided in this** Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a ----- ( ) The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or onetenth of the total number of members of the House, whichever is greater. (4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum. _Disqualifications of Members_ **190. (1) No person shall be a member of both Houses** of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other. (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules[1 ] made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States. (3) If a member of a House of the Legislature of a State— Vacation of seats. ----- Disqualifications for membership. ( ) (a) becomes subject to any of the disqualifications mentioned in [1][clause (1) or clause (2) of article 191]; or 2[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,] his seat shall thereupon become vacant: 3[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. **191. (1) A person shall be disqualified for being** chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State— (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; 1S b b th C tit ti (Fift d A d t) A t 1985 4 f “ l (1) f ----- ( ) (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. 1[Explanation.—For the purposes of this clause], a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State. 2[(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.] 3[192. (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final. (2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.] **193. If a person sits or votes as a member of the** Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he Decision on questions as to disqualifications of members. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified. 1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for “(2) For the purposes of this article” (w.e.f. 1-3-1985). 2I b 5 ibid ( f 1 3 1985) ----- Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof. Salaries and allowances of members. ( ) shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. _Powers, Privileges and Immunities of State Legislatures and_ _their Members_ **194. (1) Subject to the provisions of this Constitution** and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State. (2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 1[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978]. (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature. **195. Members of the Legislative Assembly and the** Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, ----- ( ) until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province. _Legislative Procedure_ **196. (1) Subject to the provisions of articles 198 and** 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council. (2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. (3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof. (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly. (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly. **197.** (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or Provisions as to introduction and passing of Bills. Restriction on powers of Legislative Council as to Bills other than Money Bills. ----- Special procedure in respect of Money Bills. ( ) the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill. **198. (1) A Money Bill shall not be introduced in a** Legislative Council. (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council ----- ( ) Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly. (4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council. (5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly. **199. (1) For the purposes of this Chapter, a Bill shall** be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State; (c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of the State; (e) the declaring of any expenditure to be Definition of “Money Bills”. ----- Assent to Bills. ( ) (f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. **200. When a Bill has been passed by the Legislative** Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the ----- ( ) when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. **201. When a Bill is reserved by a Governor for the** consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. _Procedure in Financial Matters_ **202. (1) The Governor shall in respect of every** financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement". (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure Bills reserved for consideration. Annual financial statement. ----- Procedure in Legislature with respect to estimates. ( ) (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State— (a) the emoluments and allowances of the Governor and other expenditure relating to his office; (b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council; (c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (d) expenditure in respect of the salaries and allowances of Judges of any High Court; (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged. **203. (1) So much of the estimates as relates to** expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative ----- ( ) (3) No demand for a grant shall be made except on the recommendation of the Governor. **204. (1) As soon as may be after the grants under** article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet— (a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses. (2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. (3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article. **205. (1) The Governor shall—** (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary Appropriation Bills. Supplementary, additional or excess grants. ----- Votes on account, votes of credit and exceptional grants. ( ) (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be. (2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant. **206. (1) Notwithstanding anything in the foregoing** provisions of this Chapter, the Legislative Assembly of a State shall have power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; ----- ( ) Consolidated Fund of the State for the purposes for which the said grants are made. (2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure. **207. (1) A Bill or amendment making provision for** any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill. _Procedure Generally_ **208. (1) A House of the Legislature of a State may** Special provisions as to financial Bills. Rules of procedure. ----- Regulation by law of procedure in the Legislature of the State in relation to financial business. Language to be used in the Legislature. ( ) (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be. (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses. **209. The Legislature of a State may, for the purpose** of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail. **210. (1) Notwithstanding anything in Part XVII, but** subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mothertongue ----- ( ) of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom: 1[Provided that in relation to the 2[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:] 3[Provided further that in relation to the 4[Legislatures of the States of 5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.] **211. No discussion shall take place in the Legislature** of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. **212. (1) The validity of any proceedings in the** Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR **213. (1) If at any time, except when the Legislative** Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses Restriction on discussion in the Legislature. Courts not to inquire into proceedings of the Legislature. Power of Governor to promulgate Ordinances during recess of Legislature. 1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972). 3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4S b b th St t f A h l P d h A t 1986 (69 f 1986) 42 f “L i l t ----- ( ) of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if— (a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and (b) may be withdrawn at any time by the ----- ( ) of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 1* * * * * CHAPTER V.—THE HIGH COURTS IN THE STATES **214.** [2]*** There shall be a High Court for each State. 3* * * * * **215. Every High Court shall be a court of record and** shall have all the powers of such a court including the power to punish for contempt of itself. **216. Every High Court shall consist of a Chief Justice** and such other Judges as the President may from time to time deem it necessary to appoint. 4* * * * * High Courts for States. High Courts to be courts of record. Constitution of High Courts. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 27 (w.e.f. 20-6-1979). 2Th b k t d fi “(1)” itt d b th C tit ti (S th A d t) A t ----- Appointment and conditions of the office of a Judge of a High Court. ( ) **217. (1) Every Judge of a High Court shall be appointed** by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and [1][shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of [2][sixtytwo years]]: Provided that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and— (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court [3]*** or of two or more such Courts in succession; [4]*** 4* * * * * 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office until he attains the age of sixty years”. 2Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”. 3The words “in any State specified in the First Schedule” omitted by the Constitution (S th A d t) A t 1956 29 d S h ----- ( ) _Explanation.—For the purposes of this clause—_ 1[(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;] 2[(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person 3[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate; (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. [4][(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.] **218. The provisions of clauses (4) and (5) of article** 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court. Application of certain provisions relating to Supreme Court to High Courts. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979). 2Cl. (a) re-lettered as cl. (aa) by s. 28, ibid. (w.e.f. 20-6-1979). 3Subs by the Constitution (Forty second Amendment) Act 1976 s 36 for “has held ----- Oath or affirmation by Judges of High Courts. Restriction on practice after being a permanent Judge. Salaries, etc., of Judges. Transfer of a Judge from one High Court to another. ( ) **219. Every person appointed to be a Judge of a High** Court [1]*** shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 2[220. No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts. _Explanation.—In this article, the expression “High_ Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement [3 ] of the Constitution (Seventh Amendment) Act, 1956.] **221.** [4][(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. **222. (1) The President may, after consultation with** the Chief Justice of India, transfer a Judge from one High Court to any other High Court [5]***. 1The words “in a State“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 13, ibid., for art. 220. 31st November, 1956. 4S b b th C tit ti (Fift f th A d t) A t 1986 3 f l (1) ( f ----- ( ) 1[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.] **223. When the office of Chief Justice of a High Court** is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. 2[224. (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify. (2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of [3][sixty-two years].] 4[224A. Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, Appointment of acting Chief Justice. Appointment of additional and acting Judges. Appointment of retired Judges at sittings of High Courts. 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl. (2) was ----- Jurisdiction of existing High Courts. Power of High Courts to issue certain writs. ( ) request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.] **225. Subject to the provisions of this Constitution and** to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: 1[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] 2[226. (1) Notwithstanding anything in article 32 3*** every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29, (w.e.f. 20-6-1979). Original proviso was omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977). 2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art. 226 ( f 1 2 1977) ----- ( ) orders or writs, including [1][writs in the nature of _habeas_ _corpus, mandamus, prohibition, quo warranto and certiorari,_ or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.] (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. 2[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without— (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.] 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion b i i ith th d “ it i th t f h b _d_ hibiti ----- Power of superintendence over all courts by the High Court. ( ) 1[(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.] 2226A. [Constitutional validity of Central laws not to be _considered in proceedings under article_ 226.] _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f._ 13-4-1978). **227.** 3[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may— (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. 1Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 (w.e.f. 1-8-1979). 2I b th C tit ti (F t d A d t) A t 1976 39 ( f 1 2 1977) ----- ( ) 1* * * * * **228. If the High Court is satisfied that a case pending** in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, [2][it shall withdraw the case and [3]*** may—] (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment. 4228A. [Special provisions as to disposal of questions _relating to constitutional validity of State laws.]_ _Rep. by the_ _Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f._ 13-4-1978). **229. (1) Appointments of officers and servants of a** High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State [5]*** may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of Transfer of certain cases to High Court. Officers and servants and the expenses of High Courts. 1Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 31 (w.e.f. 20-6-1979). 2Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for “it shall withdraw the case and may —” (w.e.f. 1-2-1977). 3The words, figures and letters “subject to the provisions of article 131A,“ omitted by th C tit ti (F t thi d A d t) A t 1977 9 ( f 13 4 1978) ----- Extension of jurisdiction of High Courts to Union territories. Establishment of a common High Court for two or more States. ( ) officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State [1]***. (3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund. 2[230. (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory. (2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,— (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President. **231. (1) Notwithstanding anything contained in the** preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,— (a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction; ----- ( ) (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and (c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.] CHAPTER VI.—SUBORDINATE COURTS **233. (1) Appointments of persons to be, and the posting** and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment. [1][233A. Notwithstanding any judgment, decree or order of any court,— (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and (ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Appointment of district judges. Validation of appointments of, and judgments, etc., delivered by, certain district judges. ----- Recruitment of persons other than district judges to the judicial service. Control over subordinate courts. Interpretation. ( ) otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;] (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.] **234. Appointments of persons other than district** judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State. **235. The control over district courts and courts** subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law. **236. In this Chapter—** ----- ( ) a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge; (b) the expression “judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. **237. The Governor may by public notification direct** that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification. Application of the provisions of this Chapter to certain class or classes of magistrates. ----- _Part VII.—[The States in Part B of the First_ _Schedule.]_ _Rep. by the Constitution (Seventh Amendment)_ _Act, 1956, s. 29 and Sch._ ----- ## PART VIII [1][THE UNION TERRITORIES] 2[239. (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers. 3[239A. (1) Parliament may by law create 4[for the Union territory of [5][Puducherry]]— _(a)_ a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or _(b)_ a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.] 6[239AA. (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Administration of Union territories. Creation of local Legislatures or Council of Ministers or both for certain Union territories. Special provisions with respect to Delhi. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading “THE STATES IN PART C OF THE FIRST SCHEDULE“. 2Subs. by s. 17, ibid., for arts. 239 and 240. 3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987). ----- ( ) Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. (b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. ----- ( ) provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. ----- Provision in case of failure of constitutional machinery. ( ) Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 1[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto. 2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.] (8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of 3[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as the case may be. **239AB. If the President, on receipt of a report from** the Lieutenant Governor or otherwise, is satisfied— _(a)_ that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or _(b)_ that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the 1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f. 21 12 1991) ----- ( ) provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA. 1[239B. (1) If at any time, except when the Legislature of [2][the Union territory of [3][Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance— (a) shall be laid before the Legislature of the Union territory and shall cease to operate at the Power of administrator to promulgate Ordinances during recess of Legislature. 1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 2S b b th G D d Di R i ti A t 1987 (18 f 1987) 63 f “ ----- Power of President to make regulations for certain Union territories. ( ) expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.] 1* * * * **240. (1) The President may make regulations for the** peace, progress and good government of the Union territory of— (a) the Andaman and Nicobar Islands; 2[(b) Lakshadweep;] 3[(c) Dadra and Nagar Haveli;] 4[(d) Daman and Diu;] 5[(e) Puducherry;] 6*** 7***: 8[Provided that when any body is created under article 239A to function as a Legislature for the [9][Union territory 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979). 2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973). 3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for entry (d) (w.e.f. 30-5-1987). Entry (d) was ins. by the Constitution (Twelfth Amendment) Act, 1962, s. 3. 5Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry” (w.e.f. 1-10-2006). 6The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 7The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987). ----- ( ) of [1][Puducherry], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:] 2[Provided further that whenever the body functioning as a Legislature for the Union territory of 1[Puducherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.] (2) Any regulation so made may repeal or amend any Act made by Parliament or [3][any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.] **241.** (1) Parliament may by law constitute a High Court for a [4][Union territory] or declare any court in any 5[such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide. 6[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate High Courts for Union territories. 1Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006). 2Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972). 3Subs. by s. 4, _ibid., for “any existing law”(w.e.f. 15-2-1972)._ 4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State ----- ( ) Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.] **242.** [Coorg.] _Rep. by the Constitution_ (Seventh _Amendment) Act, 1956, s. 29 and Sch._ ----- **1[PART IX** ## THE PANCHAYATS **243.** In this Part, unless the context otherwise requires,— (a) “district” means a district in a State; (b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; (c) “intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; (d) “Panchayat” means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas; (e) “Panchayat area” means the territorial area of a Panchayat; (f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (g) “village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified. **243A. A Gram Sabha may exercise such powers and** perform such functions at the village level as the Legislature of a State may, by law, provide. **243B.** (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. Definitions. Gram Sabha. Constitution of Panchayats. ----- Composition of Panchayats. ( _y_ ) (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. **243C.** (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State. (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. (3) The Legislature of a State may, by law, provide for the representation— (a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; (b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; (c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat; ----- ( _y_ ) State, where they are registered as electors within— (i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level; (ii) a Panchayat area at the district level, in Panchayat at the district level. (4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. (5) The Chairperson of— (a) a panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and (b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof. **243D.** (1) Seats shall be reserved for— (a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. Reservation of seats. ----- Duration of P h t t ( _y_ ) seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. **243E.** (1) Every Panchayat, unless sooner dissolved f f ----- ( _y_ ) (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Panchayat shall be completed— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period. (4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved. **243F.** (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat— (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. Disqualifications for membership. ----- Powers to impose taxes by, and Funds of, the Panchayats. Constitution of Finance Commission to i fi i l ( _y_ ) Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to— (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. **243H.** The Legislature of a State may, by law,— (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law. **243-I.** (1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, ----- ( _y_ ) to the Governor as to— (a) the principles which should govern— (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds; _(ii) the determination of the taxes, duties, tolls_ and fees which may be assigned to, or appropriated by, the Panchayats; _(iii)_ the grants-in-aid to the Panchayats from the Consolidated Fund of the State; _(b) the measures needed to improve the financial_ position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them. (4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. **243J.** The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts. Audit of accounts of Panchayats. ----- Application to Union territories. ( _y_ ) a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats. **243L.** The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. ----- ( _y_ ) (2) Nothing in this Part shall apply to— (a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force. (3) Nothing in this Part— _(a) relating to Panchayats at the district level shall_ apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force; _(b)_ shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. 1[(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.] (4) Notwithstanding anything in this Constitution,— _(a)_ the Legislature of a State referred to in subclause (a) of clause (2) may, by law, extend this part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting; _(b) Parliament may, by law, extend the provisions_ of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. **243N.** Notwithstanding anything in this Part, any i i f l l i P h i f i Continuance of existing laws and ----- Bar to interference by courts in electoral matters. ( _y_ ) State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. **243-O.** Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court; _(b) no election to any Panchayat shall be called in_ question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.] ----- 1[PART IXA ## THE MUNICIPALITIES **243P.** In this Part, unless the context otherwise requires,— (a) “Committee” means a Committee constituted under article 243S; (b) “district” means a district in a State; (c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part; (d) “Municipal area” means the territorial area of a Municipality as is notified by the Governor; (e) “Municipality” means an institution of selfgovernment constituted under article 243Q; (f) “Panchayat” means a Panchayat constituted under article 243B; (g) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. **243Q. (1) There shall be constituted in every State,—** (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, Definitions. Constitution of Municipalities. ----- Composition of Municipalities. ( _p_ _Q_ ) in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. (2) In this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part. **243R. (1) Save as provided in clause (2), all the seats** in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. (2) The Legislature of a State may, by law, provide— (a) for the representation in a Municipality of— (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; (iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; ----- ( _p_ ) Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality; (b) the manner of election of the Chairperson of a Municipality. **243S.** (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. (4) Where a Wards Committee consists of— (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees. **243T.** (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Constitution and composition of Wards Committees, etc. Reservation of seats. ----- Duration of Municipalities, etc. ( _p_ ) (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. **243U. (1) Every Municipality, unless sooner dissolved** under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a ----- ( _p_ ) (3) An election to constitute a Municipality shall be completed,— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period. (4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved. **243V.** (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality— (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. **243W. Subject to the provisions of this Constitution,** the Legislature of a State may, by law, endow— (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such Disqualifications for membership. Powers, authority and responsibilities of Municipalities, etc. ----- Power to impose taxes by, and Funds of, the Municipalities. Finance Commission. ( _p_ ) with respect to— (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. **243X.** The Legislature of a State may, by law,— (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. **243Y. (1) The Finance Commission constituted under** article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to— (a) the principles which should govern— ----- ( _p_ ) duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities; (iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Municipalities; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities. (2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. **243Z.** The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts. **243ZA. (1) The superintendence, direction and control** of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K. (2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities. **243ZB. The provisions of this Part shall apply to the** Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Audit of accounts of Municipalities. Elections to the Municipalities. Application to Union territories. ----- Part not to apply to certain areas. Committee for district planning. ( _p_ ) Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. **243ZC.** (1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244. (2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. **243ZD.** (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be ----- ( _p_ ) between the population of the rural areas and of the urban areas in the district; (c) the functions relating to district planning which may be assigned to such Committees; (d) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every District Planning Committee shall, in preparing the draft development plan,— _(a) have regard to—_ _(i)_ matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; _(ii)_ the extent and type of available resources whether financial or otherwise; _(b)_ consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State. **243ZE.** (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, Committee for Metropolitan planning. ----- ( _p_ ) between the population of the Municipalities and of the Panchayats in that area; (c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and Institutions as may be deemed necessary for carrying out the functions assigned to such Committees; (d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees; (e) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,— (a) have regard to— (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every Metropolitan Planning ----- ( _p_ ) **243ZF.** Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. **243ZG.** Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court; (b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.] Continuance of existing laws and Municipalities. Bar to interference by courts in electoral matters. ----- Administration of Scheduled Areas and Tribal Areas. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor. ## PART X THE SCHEDULED AND TRIBAL AREAS **244.** (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State [1]*** other than 2[the States of Assam 3[, 4[Meghalaya, Tripura and Mizoram]]]. (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in [2][the States of Assam [3][, [5][Meghalaya, Tripura and Mizoram]]]. [6][244A. (1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in [7][Part I] of the table appended to paragraph 20 of the Sixth Schedule and create therefor— (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “the State of Assam” (w.e.f. 21-1-1972). 3Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for “and Meghalaya” (w.e.f. 1-4-1985). 4Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and Tripura” (w.e.f. 20-2-1987). 5Subs. by s. 39, _ibid., for “Meghalaya and Tripura and the Union Territory of_ Mizoram”(w.e.f. 20-2-1987). ----- ( ) (2) Any such law as is referred to in clause (1) may, in particular,— (a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise; (b) define the matters with respect to which the executive power of the autonomous State shall extend; (c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State; (d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and (e) make such supplemental, incidental and consequential provisions as may be deemed necessary. (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting. (4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.] ----- Extent of laws made by Parliament and by the Legislatures of States. Subject-matter of laws made by Parliament and by the Legislatures of States. ## PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I.—LEGISLATIVE RELATIONS _Distribution of Legislative Powers_ **245. (1) Subject to the provisions of this Constitution,** Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. **246. (1) Notwithstanding anything in clauses (2) and** (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State [1]*** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State [1]*** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [2][in a State] notwithstanding that such matter is a matter enumerated in the State List. ----- ( _Arts. 247—249.)_ **247.** Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List. **248. (1) Parliament has exclusive power to make any** law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. **249.** (1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. (2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. (3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration Power of Parliament to provide for the establishment of certain additional courts. Residuary powers of legislation. Power of Parliament to legislate with respect to a matter in the State List in the national interest. ----- Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. ( _Arts. 250—252.)_ **250.** (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. **251. Nothing in articles 249 and 250 shall restrict the** power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative. **252. (1) If it appears to the Legislatures of two or more** States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted ----- ( _Arts. 252—254.)_ (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. **253.** Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. **254.** (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State 1*** with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State Legislation for giving effect to international agreements. Inconsistency between laws made by Parliament and laws made by the Legislatures of States. ----- Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only. Obligation of States and the Union. Control of the Union over States in certain cases. ( _Arts. 255—257.)_ **255. No Act of Parliament or of the Legislature of a** State [1]***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given— (a) where the recommendation required was that of the Governor, either by the Governor or by the President; (b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President; (c) where the recommendation or previous sanction required was that of the President, by the President. CHAPTER II.—ADMINISTRATIVE RELATIONS _General_ **256.** The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. **257. (1) The executive power of every State shall be so** exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication ----- ( _Arts. 257—258.)_ declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works. (3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State. (4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State. 1257A. [Assistance to States by deployment of armed forces _or other forces of the Union.] Rep. by the Constitution (Forty-_ _fourth Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979)._ **258.** (1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. Power of the Union to confer powers, etc., on States in certain cases. ----- Power of the States to entrust functions to the Union. Jurisdiction of the Union in relation to territories outside India. Public acts, records and judicial proceedings. ( _Arts. 258—261.)_ (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties. 1[258A. Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.] **259.** [Armed Forces in States in Part B of the First _Schedule.]_ _Rep. by the Constitution (Seventh Amendment)_ _Act,_ 1956, _s. 29_ _and Sch._ **260.** The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. **261. (1) Full faith and credit shall be given throughout** the territory of India to public acts, records and judicial di f th U i d f St t ----- ( _Arts. 261—263.)_ (2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament. (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law. _Disputes relating to Waters_ **262.** (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1). _Co-ordination between States_ **263. If at any time it appears to the President that the** public interests would be served by the establishment of a Council charged with the duty of— _(a) inquiring into and advising upon disputes_ which may have arisen between States; _(b) investigating and discussing subjects in which_ some or all of the States, or the Union and one or more of the States, have a common interest; or _(c) making recommendations upon any such_ subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, Adjudication of disputes relating to waters of interState rivers or river valleys. Provisions with respect to an inter-State Council. ----- Interpretation. Taxes not to be imposed save by authority of law. Consolidated Funds and public accounts of India and of the States. ## PART XII ### FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I.—FINANCE _General_ 1[264. In this Part, “Finance Commission” means a Finance Commission constituted under article 280.] **265.** No tax shall be levied or collected except by authority of law. **266. (1) Subject to the provisions of article 267 and to** the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of India”, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of the State”. (2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be. (3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution. ----- ( _,_ _p_ _y,_ _Arts._ 267-268.) **267.** (1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of India” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116. (2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor [1]***of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206. _Distribution of Revenues between the_ _Union and the States_ **268. (1) Such stamp duties and such duties of excise** on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected— (a) in the case where such duties are leviable within any [2][Union territory], by the Government of India, and (b) in other cases, by the States within which such duties are respectively leviable. Contingency Fund. Duties levied by the Union but collected and appropriated by the States. ----- Service tax levied by Union and collected and appropriated by the Union and the States. Taxes levied and collected by the Union but assigned to the States. ( _,_ _p_ _y,_ _Arts._ 268-269.) (2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State. *[268A. (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2). (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be— (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.] **269. [1][(1) Taxes on the sale or purchase of goods and** taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2). _Explanation.—For the purposes of this clause,—_ (a) the expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce; (b) the expression “taxes on the consignment of goods” shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce. ----- ( _,_ _p_ _y,_ _Arts._ 269-270.) (2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.] 1[(3) Parliament may by law formulate principles for determining when a [2][sale or purchase of, or consignment of, goods] takes place in the course of inter-State trade or commerce.] 3[270. (1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in articles *[268 and 269], respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2). (2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3). (3) In this article, “prescribed” means,— (i) until a Finance Commission has been constituted, prescribed by the President by order, and (ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.] Taxes levied and distributed between the Union and the States. 1Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3. 2Subs by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for “sale or purchase of goods”. 3Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270 (w.e.f. 1 4 1996) ----- Surcharge on certain duties and taxes for purposes of the Union. Grants in lieu of export duty on jute and jute products. Prior recommendation of President required to Bills affecting taxation in which States are interested. ( _,_ _p_ _y,_ _Arts._ 271—274.) **271.** Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India. **272.** _[Taxes which are levied and collected by the Union_ _and may be distributed between the Union and the States.]_ _Rep. by the Constitution (Eightieth Amendment) Act, 2000,_ _s. 4._ **273.** (1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed. (2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution whichever is earlier. (3) In this article, the expression “prescribed” has the same meaning as in article 270. **274. (1) No Bill or amendment which imposes or varies** any tax or duty in which States are interested, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President. (2) In this article, the expression “tax or duty in which States are interested” means— ----- ( _,_ _p_ _y,_ _Arts._ 274-275.) (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State. **275. (1) Such sums as Parliament may by law provide** shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to— (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in 1[Part I] of the table appended to paragraph 20 of the Sixth Schedule; and (b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising Grants from the Union to certain States. ----- ( _,_ _p_ _y,_ _Art. 275.)_ the level of administration of the said areas to that of the administration of the rest of the areas of that State. 1[(1A) On and from the formation of the autonomous State under article 244A,— (i) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify; (ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.] (2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission. ----- ( _,_ _p_ _y,_ _Arts._ 276—278.) **276. (1) Notwithstanding anything in article 246, no** law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income. (2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed [1][two thousand and five hundred rupees] per annum. 2* * * * (3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments. **277. Any taxes, duties, cesses or fees which,** immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law. **278. [Agreement with States in Part B of the First** _Schedule with regard to certain financial matters.] Rep. by the_ _Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch._ Taxes on professions, trades, callings and employments. Savings. ----- Calculation of “net proceeds”, etc. Finance Commission. ( _,_ _p_ _y,_ _Arts._ 279-280.) **279. (1) In the foregoing provisions of this Chapter,** “net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final. (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters. **280.** (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President. (2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected. (3) It shall be the duty of the Commission to make recommendations to the President as to— (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds; ----- ( _,_ _p_ _y,_ _Arts._ 280—283.) 1[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;] 2[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;] 3[(d)] any other matter referred to the Commission by the President in the interests of sound finance. (4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them. **281. The President shall cause every recommendation** made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament. _Miscellaneous Financial Provisions_ **282. The Union or a State may make any grants for** any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws. **283.** (1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or Recommendations of the Finance Commission. Expenditure defrayable by the Union or a State out of its revenues. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts. ----- Custody of suitors’ deposits and other moneys received by public servants and courts. Exemption of property of the Union from State taxation. ( _,_ _p_ _y,_ _Arts._ 283—285.) ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President. (2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor [1]*** of the State. **284.** All moneys received by or deposited with— (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or (b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be. **285.** (1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State. (2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State. ----- ( _,_ _p_ _y,_ _Arts._ 286-287.) **286. (1) No law of a State shall impose, or authorise** the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place— (a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India. 1* - * * 2[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1). 3[(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,— (a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or (b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), subclause (c) or sub-clause (d) of clause (29A) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.]] **287.** Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is— (a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or (b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway Restrictions as to imposition of tax on the sale or purchase of goods. Exemption from taxes on electricity. ----- Exemption from taxation by States in respect of water or electricity in certain cases. Exemption of property and income of a State ( _,_ _p_ _y,_ _Arts._ 287—289.) company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity. **288. (1)** Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. _Explanation.—The expression “law of a State in force”_ in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. (2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order. **289. (1) The property and income of a State shall be** exempt from Union taxation. ----- ( _,_ _p_ _y,_ _Arts. 289—290A.)_ in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith. (3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government. **290. Where under the provisions of this Constitution** the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if— (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India. 1[290A. A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Adjustment in respect of certain expenses and pensions. Annual payment to certain Devaswom F d ----- Borrowing by the Government of India. Borrowing by States. ( _,_ _p_ _y,_ _Arts. 290A—293.)_ the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of [1][Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of TravancoreCochin.] **291. [Privy purse sums of Rulers.] Rep. by the Constitution** _(Twenty-sixth Amendment) Act, 197l, s. 2._ CHAPTER II.—BORROWING **292.** The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed. **293.** (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed. (2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India. (3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government. ----- ( _,_ _p_ _y,_ _Arts._ 293—295.) (4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose. CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS **294.** As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab. **295.** (1) As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement Succession to property, assets, rights, liabilities and obligations in certain cases. Succession to property, assets, rights, liabilities and obligations in other cases. ----- Property accruing by escheat or lapse or as _bona vacantia._ ( _,_ _p_ _y,_ _Arts._ 295-296.) (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State. (2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1). **296. Subject as hereinafter provided, any property in** the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. ----- ( _,_ _p_ _y,_ _Arts._ 297—299.) 1[297. (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union. (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union. (3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.] 2[298. The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that— (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.] **299.** (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor [3]*** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. Power to carry on trade, etc. Contracts. 1S b b th C tit ti (F ti th A d t) A t 1976 2 f t 297 ( f ----- Suits and proceedings. Persons not to be deprived of property save by authority of law. ( _,_ _p_ _y,_ _Arts. 299—300A.)_ the President or the Governor [1]*** by such persons and in such manner as he may direct or authorise. (2) Neither the President nor the Governor [2]*** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. **300. (1) The Government of India may sue or be sued** by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted. (2) If at the commencement of this Constitution— (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings. 3[CHAPTER IV.—RIGHT TO PROPERTY **300A.** No person shall be deprived of his property save by authority of law.] 1The words “or the Rajpramukh“ omitted by the Constitution (Seventh Amendment) A 1956 29 d S h ----- ## PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA **301. Subject to the other provisions of this Part, trade,** commerce and intercourse throughout the territory of India shall be free. **302. Parliament may by law impose such restrictions** on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest. **303. (1) Notwithstanding anything in article 302,** neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule. (2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. **304. Notwithstanding anything in article 301 or article** 303, the Legislature of a State may by law— (a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and Freedom of trade, commerce and intercourse. Power of Parliament to impose restrictions on trade, commerce and intercourse. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce. Restrictions on trade, commerce and intercourse among States. ----- Saving of existing laws and laws providing for State monopolies. Appointment of authority for carrying out the purposes of articles 301 to 304. ( _,_ _Territory of India.—Arts. 304—307.)_ (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President. 1[305. Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in subclause (ii) of clause (6) of article 19.] **306. [Power of certain States in Part B of the First Schedule** _to impose restrictions on trade and commerce.]_ _Rep. by the_ _Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch._ **307. Parliament may by law appoint such authority** as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary. ----- ## PART XIV ### SERVICES UNDER THE UNION AND THE STATES CHAPTER I.—SERVICES **308.** In this Part, unless the context otherwise requires, the expression “State” [1][does not include the State of Jammu and Kashmir]. **309.** Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor [2]*** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. **310.** (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor [3]*** of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the Interpretation. Recruitment and conditions of service of persons serving the Union or a State. Tenure of office of persons serving the Union or a State. 1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “means ----- Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State. ( _Arts._ 310—311.) pleasure of the President or, as the case may be, of the Governor [1]*** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor [2]***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post. **311. (1) No person who is a member of a civil service** of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. 3[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges [4]***: 5[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply—] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or 1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., _ibid._ 3S b b h C i i (Fif h A d ) A 1963 10 f l (2) d (3) ----- ( _Arts._ 311—312.) (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.] **312. (1) Notwithstanding anything in [1][Chapter VI of** Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services [2][(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service. (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. 2[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236. (4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI All-India services. ----- Power of Parliament to vary or revoke conditions of service of officers of certain services. ( _Arts. 312—312A.)_ as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.] 1[312A. (1) Parliament may by law— (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post; (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twentyeighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India ----- ( _Arts. 312A—315.)_ (2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1). (3) Neither the Supreme Court nor any other court shall have jurisdiction in— (a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; (b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted. (4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.] **313. Until other provision is made in this behalf under** this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an allIndia service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. **314. [Provision for protection of existing officers of certain** _services.] Rep. by the Constitution (Twenty-eighth Amendment)_ _Act,_ 1972, _s. 3_ _(w.e.f._ 29-8-1972). CHAPTER II.— PUBLIC SERVICE COMMISSIONS ( ) S b h f h l h Transitional provisions. ----- Appointment and term of office of members. ( _Arts._ 315—316.) (2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States. (3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. (4) The Public Service Commission for the Union, if requested so to do by the Governor [1]*** of a State, may, with the approval of the President, agree to serve all or any of the needs of the State. (5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question. **316. (1) The Chairman and other members of a Public** Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor [1]*** of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included. ----- ( _Arts._ 316—317.) 1[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose. (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of [2][sixty-two years], whichever is earlier: Provided that— (a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor [3]*** of the State, resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office. **317.** (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by 1I b th C tit ti (Fift th A d t) A t 1963 11 Removal and suspension of a member of a Public Service Commission. ----- ( _Art. 317.)_ order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor [1]*** in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour. ----- _((_ _Arts._ 318—319.) **318. In the case of the Union Commission or a Joint** Commission, the President and, in the case of a State Commission, the Governor [1]*** of the State may by regulations— (a) determine the number of members of the Commission and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment. **319.** On ceasing to hold office— (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission, or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member Power to make regulations as to conditions of service of members and staff of the Commission. Prohibition as to the holding of offices by members of Commission on ceasing to be such members. ----- Functions of Public Service Commissions. ( _Arts._ 319—320.) of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. **320. (1) It shall be the duty of the Union and the State** Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively. (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. (3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted— (a) on all matters relating to methods of recruitment to civil services and for civil posts; (b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers; (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters; (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by ----- ( _Art. 320.)_ Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State; (e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor [1]*** of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor [2]***, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted. (4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335. (5) All regulations made under the proviso to clause (3) by the President or the Governor [1]*** of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses ----- Power to extend functions of Public Service Commissions. Expenses of Public Service Commissions. Reports of Public Service Commissions. ( _Arts._ 320—323.) of the Legislature of the State may make during the session in which they are so laid. **321. An Act made by Parliament or, as the case may** be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. **322.** The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State. **323. (1) It shall be the duty of the Union Commission** to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament. (2) It shall be the duty of a State Commission to present annually to the Governor [1]*** of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor [1]*** of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor [2]***, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State. ----- 1[PART XIVA ## TRIBUNALS **323A.** (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may— (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of article 371D; Administrative tribunals. ----- Tribunals for other matters. ( ) (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. **323B.** (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws. (2) The matters referred to in clause (1) are the following, namely:— (a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way; (e) ceiling on urban property; (f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A; (g) production, procurement, supply and ----- ( ) for the purpose of this article and control of prices of such goods; 1[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;] 2[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to [3][(h)] and fees in respect of any of those matters; 2[(j)] any matter incidental to any of the matters specified in sub-clauses (a) to [4][(i)]. (3) A law made under clause (1) may— (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals; (e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; 1Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994). 2S b l (h) d (i) l tt d b l (i) d (j) b 2 ibid ( f ----- ( ) (f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. _Explanation.—In_ this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.] ----- ## PART XV ELECTIONS **324.** (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution [1]*** shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Superintendence, direction and control of elections to be vested in an Election Commission. ----- No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. ( ) Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. (6) The President, or the Governor [1]*** of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1). **325. There shall be one general electoral roll for every** territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them. **326. The elections to the House of the People and to** the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [2][eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. 1Th d “ R j kh” itt d b th C tit ti (S th A d t) A t ----- ( ) **327.** Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. **328. Subject to the provisions of this Constitution and** in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses. **329. [1][Notwithstanding anything in this Constitution** 2***—] _(a) the validity of any law relating to the_ delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court; _(b) no election to either House of Parliament or to_ the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. 3329A. [Special provision as to elections to Parliament in _the case of Prime Minister and Speaker.]_ _Rep. by the_ _Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f._ 20-6-1979). Power of Parliament to make provision with respect to elections to Legislatures. Power of Legislature of a State to make provision with respect to elections to such Legislature. Bar to interference by courts in electoral matters. 1Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words. ----- Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. ## PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES **330.** (1) Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; 1[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and] (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State [2][or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State [2][or Union territory] in the House of the People as the population of the Scheduled Castes in the State [2][or Union territory] or of the Scheduled Tribes in the State [2][or Union territory] or part of the State [2][or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State [2][or Union territory]. 3[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.] 4[Explanation—In this article and in article 332, the expression “population” means the population as 1Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986). ----- ( _p_ _g_ _Classes.—Arts._ 330—332.) ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [1][2026] have been published, be construed as a reference to the [2][2001] census.] **331.** Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. **332.** (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, [3][except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State [4]***. (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam. (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State. 5[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the readjustment, on the basis of the first census after the year 6[2026], of the number of seats in the Legislative Representation of the Anglo-Indian Community in the House of the People. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. 1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for “2000” and “1971” respectively. 2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for “1991”. 3Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986). 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by th C tit ti (S th A d t) A t 1956 29 d S h ----- ( _p_ _g_ _Classes.—Art. 332.)_ Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,— (a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one; (b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.] 1[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year [2][2026], of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventysecond Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.] (4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State. (5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district [3]***. 1Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5 12 1992) ----- ( _p_ _g_ _Classes.—Arts._ 332—334.) (6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district [1]***: 2[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be maintained.] **333.** Notwithstanding anything in article 170, the Governor [3]*** of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, [4][nominate one member of that community to the Assembly]. **334.** Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to— (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 5[sixty years] from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be. Representation of the Anglo-Indian community in the Legislative Assemblies of the States. Reservation of seats and special representation to cease after [5][sixty years]. 1Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972). 2Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2. 3The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 4S b b th C tit ti (T t thi d A d t) A t 1969 4 f “ i t ----- Claims of Scheduled Castes and Scheduled Tribes to services and posts. Special provision for Anglo-Indian community in certain services. Special provision with respect to educational grants for the benefit of Anglo-Indian community. ( _p_ _g_ _Classes.—Arts._ 335—337.) **335.** The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State: 1[Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.] **336.** (1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years: Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease. (2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities. **337.** During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State [2]*** for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948. ----- ( _p_ _g_ _Classes.—Arts._ 337-338.) During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years : Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the AngloIndian community, shall cease: Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community. **338.** [2][(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.] (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes 3*** under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; 1[National Commission for Scheduled Castes.] 1S b b th C tit ti (Ei ht i th A d t) A t 2003 2 f th i l ----- ( _p_ _g_ _Classes.—Art. 338.)_ (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes [1]***; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes [1]*** and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes [1]***; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes [1]*** as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. ----- ( _p_ _g_ _Classes.—Arts. 338-338A.)_ (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely :— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes [1]***.] 2[(10)] In this article, references to the Scheduled Castes [1]*** shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community. 3[338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the National Commission for Scheduled Tribes. 1The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth A d t) A t 2003 2 ( f 19 2 2004) ----- ( _p_ _g_ _Classes.—Art. 338A.)_ Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— _(a) to investigate and monitor all matters relating_ to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; _(b) to inquire into specific complaints with respect_ to the deprivation of rights and safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. ----- ( _p_ _g_ _Classes.—Arts. 338A-339.)_ to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: — _(a) summoning and enforcing the attendance of_ any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.] **339.** (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States [1]***. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. ----- Appointment of a Commission to investigate the conditions of backward classes. Scheduled Castes. ( _p_ _g_ _Classes.—Arts._ 339—341.) The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable. (2) The executive power of the Union shall extend to the giving of directions to [1][a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State. **340.** (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission. (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament. **341. (1) The President [2][may with respect to any State** 3[or Union territory], and where it is a State 4***, after consultation with the Governor [5]*** thereof,] by 1Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “any such State”. 2Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation with the Governor or Rajpramukh of a State”. 3I b th C tit ti (S th A d t) A t 1956 29 d S h ----- ( _p_ _g_ _Classes.—Arts._ 341-342.) public notification[1], specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State[ 2][or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. **342. (1) The President [3][may with respect to any State** 2[or Union territory], and where it is a State 4***, after consultation with the Governor [5]*** thereof,] by public notification[6], specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 2[or Union territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. Scheduled Tribes. 1See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 110). 2Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 3Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation with the Governor or Rajpramukh of a State,”. 4The words and letters “Specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 5The words “or Rajpramukh” omitted by s. 29 and Sch., _ibid._ 6See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra and N H li) S h d l d T ib O d 1962 (C O 65) th C tit ti (S h d l d T ib ) ----- Official language of the Union. Commission and Committee of Parliament on official language. ## PART XVII OFFICIAL LANGUAGE CHAPTER I.—LANGUAGE OF THE UNION **343.** (1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by order[1] authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union. (3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of— (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law. **344.** (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order ----- ( _ff_ _g_ _g_ ) shall define the procedure to be followed by the Commission. (2) It shall be the duty of the Commission to make recommendations to the President as to— (a) the progressive use of the Hindi language for the official purposes of the Union; (b) restrictions on the use of the English language for all or any of the official purposes of the Union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the Union; (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. (3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services. (4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. (5) It shall be the duty of the Committee to examine ----- Official language or languages of a State. Official language for communication between one State and another or between a State and the Union. Special provision relating to language spoken by a section of the population of a State. Language to be used in the Supreme Court and i th Hi h C t ( _ff_ _g_ _g_ ) (6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report. CHAPTER II.—REGIONAL LANGUAGES **345. Subject to the provisions of articles 346 and 347,** the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution. **346.** The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union: Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication. **347.** On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify. CHAPTER III.—LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. **348.** (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides— ----- ( _ff_ _g_ _g_ ) (b) the authoritative texts— (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor [1]*** of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor [1]*** of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court. (3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor 1*** of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor [1]*** of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article. ----- Special procedure for enactment of certain laws relating to language. Language to be used in representations for redress of grievances. Facilities for instruction in mother-tongue at primary stage. Special Officer for linguistic minorities. Directive for development of the Hindi language ( _ff_ _g_ _g_ ) **349.** During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article. CHAPTER IV.—SPECIAL DIRECTIVES **350.** Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. 1[350A. It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. **350B. (1) There shall be a Special Officer for linguistic** minorities to be appointed by the President. (2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.] **351. It shall be the duty of the Union to promote the** spread of the Hindi language, to develop it so that it may ----- ( _ff_ _g_ _g_ ) serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages. ----- Proclamation of Emergency. ## PART XVIII EMERGENCY PROVISIONS **352.** (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or [1][armed rebellion], he may, by Proclamation, make a declaration to that effect [2][in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation]. 3[Explanation.—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.] 4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: 1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal disturbance” (w.e.f. 20-6-1979). ----- ( _g_ _y_ ) Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4): Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the i i f h id i d f hi d l i ----- ( _g_ _y_ ) (6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the Members of that House present and voting. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,— (a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.] 1[2[(9)] The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or [3][armed rebellion] or imminent danger of war or external aggression or [3][armed rebellion], whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation. 4* * * * *] 1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively). 2Cl (4) b d l (9) b th C tit ti (F t f th A d t) A t 1978 ----- ( _g_ _y_ ) **353.** While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: 1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,— (i) the executive power of the Union to give directions under clause (a), and (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] **354. (1) The President may, while a Proclamation of** Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit Effect of Proclamation of Emergency. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. ----- Duty of the Union to protect States against external aggression and internal disturbance. Provisions in case of failure of constitutional machinery in States. ( _g_ _y_ ) (2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament. **355. It shall be the duty of the Union to protect every** State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution. **356. (1) If the President, on receipt of a report from the** Governor [1]*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— _(a) assume to himself all or any of the functions of_ the Government of the State and all or any of the powers vested in or exercisable by the Governor [2]*** or any body or authority in the State other than the Legislature of the State; _(b) declare that the powers of the Legislature of the_ State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. ----- ( _g_ _y_ ) (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of [1][six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of 2[six months] from the date on which under this clause it 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year from the date of the passing of the second of the resolutions approving the Proclamation under clause (3)” (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3 1 1977) ----- ( _g_ _y_ ) would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of [1][six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: 2[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to [3][five years].] 4[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless— _(a)_ a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 38, for “one year“ (w.e.f. 20-6-1979). The words “one year” were subs. for the original words “six months” by the Constitution (Forty-second Amendment) Act, 1976, s. 50 (w.e.f. 3-1-1977). 2Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2. 3Successively subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 and the Constitution (Sixty-eighth Amendment) Act 1991 s 2 to read as above ----- ( _g_ _y_ ) (b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:] 1[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.] **357. (1) Where by a Proclamation issued under clause (1)** of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent— (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof; (c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament. 5[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) Exercise of legislative powers under Proclamation issued under article 356. 1Omitted by the Constitution (Sixty-third Amendment) Act 1989 s 2 (w e f 6-1-1990) ----- Suspension of provisions of article 19 during emergencies. ( _g_ _y_ ) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.] **358.** [1][(1)] [2][While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: 3[Provided that 4[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] 5[(2) Nothing in clause (1) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to the 1Art. 358 re-numbered as cl. (1) thereof by by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979). 2Subs. by s. 39, _ibid., for “While a Proclamation of Emergency is in operation” (w.e.f._ 20-6-1979). 3I b th C tit ti (F t d A d t) A t 1976 52 ( f 3 1 1977) ----- ( _g_ _y_ ) Proclamation of Emergency in operation when it is made; or _(b) to any executive action taken otherwise than_ under a law containing such a recital.] **359.** (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. 2[(1A) While an order made under clause (1) mentioning any of [1][the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:] 3[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.] Suspension of the enforcement of the rights conferred by Part III during emergencies. 1S b b th C tit ti (F t f th A d t) A t 1978 40 f “th i ht ----- Provisions as to financial emergency. ( _g_ _y_ ) 1[(1B) Nothing in clause (1A) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.] (2) An order made as aforesaid may extend to the whole or any part of the territory of India: 2[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.] (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament. 3359A. [Application of this Part to the State of Punjab.] _Rep. by the Constitution (Sixty-third Amendment) Act,_ 1989, _s. 3_ _(w.e.f._ 6-1-1990). **360.** (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. 4[(2) A Proclamation issued under clause (1)— (a) may be revoked or varied by a subsequent Proclamation; 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977). 3Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3. It shall cease to t th i f i d f t f th t f thi A t i ----- ( _g_ _y_ ) (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in subclause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.] (3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose. (4) Notwithstanding anything in this Constitution— (a) any such direction may include— (i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State; (ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207 ----- ( _g_ _y_ ) (b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts. 1* * * * * ----- ## PART XIX MISCELLANEOUS **361.** (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State. (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor [1]*** of a State, in any court during his term of office. (3) No process for the arrest or imprisonment of the President, or the Governor [1]*** of a State, shall issue from any court during his term of office. (4) No civil proceedings in which relief is claimed against the President, or the Governor [1]*** of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor [1]*** of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor [2]***, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of Protection of President and Governors and Rajpramukhs. ----- Protection of publication of proceedings of Parliament and State Legislatures. Disqualification for appointment on remunerative political post. ( ) residence of the party by whom such proceedings are to be instituted and the relief which he claims. 1[361A. (1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. _Explanation.—In this article, “newspaper” includes a_ news agency report containing material for publication in a newspaper.] [2][361B. A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier. _Explanation.—For the purposes of this article,—_ _(a) the expression “House” has the meaning_ assigned to it in clause (a) of paragraph 1 of the Tenth Schedule; ----- ( ) _(b) the expression “remunerative political post”_ means any office— _(i) under the Government of India or the_ Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or _(ii) under a body, whether incorporated or_ not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature. **362.** [Rights and privileges of Rulers of Indian States.] _Rep. by the Constitution (Twenty-sixth Amendment)_ _Act,_ 1971, _s. 2._ **363.** (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, _sanad or_ other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article— (a) “Indian State” means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and (b) “Ruler” includes the Prince, Chief or other Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. ----- Recognition granted to Rulers of Indian States to cease and privy purses to be abolished. Special provisions as to major ports and aerodromes. ( ) 1[363A. Notwithstanding anything in this Constitution or in any law for the time being in force— (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler; (b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.] **364.** (1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification— (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or (b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification. (2) In this article— (a) “major port” means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port; (b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to airways, ----- ( ) **365. Where any State has failed to comply with, or to** give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution. **366. In this Constitution, unless the context otherwise** requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— (1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax; (2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only; (3) “article” means an article of this Constitution; (4) “borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly; 1* * * * (5) “clause” means a clause of the article in which the expression occurs; (6) “corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:— (a) that it is not chargeable in respect of agricultural income; (b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; (c) that no provision exists for taking the tax so paid into account in computing for the Effect of failure to comply with, or to give effect to, directions given by the Union. Definitions. ----- ( ) purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals; (7) “corresponding Province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question; (8) “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly; (9) “estate duty” means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass; (10) “existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation; (11) “Federal Court” means the Federal Court constituted under the Government of India Act, 1935; (12) “goods” includes all materials, commodities, and articles; (13) “guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount; (14) “High Court” means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— ----- ( ) (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution; (15) “Indian State” means any territory which the Government of the Dominion of India recognised as such a State; (16) “Part” means a Part of this Constitution; (17) “pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund; (18) “Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352; (19) “public notification” means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State; (20) “railway” does not include— (a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway; 1* * * * * * 2[(22) “Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;] (23) “Schedule” means a Schedule to this Constitution; (24) “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, ----- ( ) races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution; (25) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution; (26) “securities” includes stock; 1* * * * * * (27) “sub-clause” means a sub-clause of the clause in which the expression occurs; (28) “taxation” includes the imposition of any tax or impost, whether general or local or special, and “tax” shall be construed accordingly; (29) “tax on income” includes a tax in the nature of an excess profits tax; 2[(29A) “tax on the sale or purchase of goods” includes— (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (c) a tax on the delivery of goods on hirepurchase or any system of payment by instalments; (d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; 1Cl (26A) i b th C tit ti (F t d A d t) A t 1976 54 ----- ( ) (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;] 1[(30) “Union territory” means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.] **367.** (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India. (2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State [2]***, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor [3]***, as the case may be. (3) For the purposes of this Constitution “foreign State” means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order[4] declare any State not to be a foreign State for such purposes as may be specified in the order. Interpretation. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30). 2Th d d l tt “ ifi d i P t A P t B f th Fi t S h d l ” itt d b ----- 1[Power of Parliament to amend the Constitution and procedure therefor.] ## PART XX AMENDMENT OF THE CONSTITUTION **368.** 2[(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.] 3[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, [4][it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) article 54, article 55, article 73, article 162 or article 241, or (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States [5]*** by resolutions to that effect passed by those Legislatures 1Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for “Procedure for the amendment of the Constitution”. 2Ins. by s. 3, _ibid._ 3Art. 368 renumbered as cl. (2) thereof by s. 3, _ibid._ 4Subs. by s. 3, _ibid., for “it shall be presented to the President for his assent and upon_ ----- _(_ _f_ _)_ before the Bill making provision for such amendment is presented to the President for assent. 1[(3) Nothing in article 13 shall apply to any amendment made under this article.] 2[(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Fortysecond Amendment) Act, 1976] shall be called in question in any court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.] 1I b th C tit ti (T t f th A d t) A t 1971 3 ----- Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. ## PART XXI 1[TEMPORARY, TRANSITIONAL ## AND SPECIAL PROVISIONS] **369.** Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:— (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or _kapas), cotton_ seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica; (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 370.)_ 1[370. (1) Notwithstanding anything in this Constitution,— (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to— (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. _Explanation.—For the purposes of this article, the_ Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948; (c) the provisions of article 1 and of this article shall apply in relation to that State; (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such Temporary provisions with respect to the State of Jammu and Kashmir. 1In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the _Explanation in cl. (1) thereof, the following Explanation is substituted, namely:—_ “Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir ----- Special provision with respect to the States of [4]*** Maharashtra and Gujarat. ( _p_ _y,_ _p_ _Provisions.—Arts._ 370-371.) exceptions and modifications as the President may by order[1] specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government. (2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. 2[371. 3* * * * (2) Notwithstanding anything in this Constitution, the President may by order made with respect to [5][the 1See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as amended from time to time, in Appendix I. 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371. 3Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f. 1 7 1974) ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371-371A.)_ State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for— (a) the establishment of separate development boards for Vidarbha, Marathwada, [1][and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly; (b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.] 2[371A. (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the Special provision with respect to the State of Nagaland. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order; (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand; (d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for— ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves; (ii) the qualifications for being chosen as, and for being, members of the regional council; (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council; (iv) the procedure and conduct of business of the regional council; (v) the appointment of officers and staff of the regional council and their conditions of services; and (vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council. (2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,— (a) the administration of the Tuensang district shall be carried on by the Governor; (b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ (c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub-clause may be given so as to have retrospective effect; (d) the Governor may make regulations for the peace, progress and good Government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district; (e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid[1]; (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same; 1Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides (w.e.f. 1-12-1963) that article 371A of the Constitution of India Shall have effect as if the following Proviso were added to paragraph (i) of sub-clause (e) of clause (2) thereof, namely:— “P id d th t th G th d i f th Chi f Mi i t i t ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371A.)_ (f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion; (g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article; (h) in article 170— (i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word “sixty”, the word “forty-six” had been substituted; (ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article; (iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts. (3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland. ----- Special provision with respect to the State of Assam. Special provision with respect to the State of Manipur. ( _p_ _y,_ _p_ _Provisions.—Arts._ 371B-371C.) 1[371B. Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in [2][Part I] of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.] 3[371C. (1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee. (2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. _Explanation.—In this article, the expression “Hill_ Areas” means such areas as the President may, by order, declare to be Hill areas.] 1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4. 2S b b th N th E t A (R i ti ) A t 1971 (81 f 1971) 71 f ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ 1[371D. (1) The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. (2) An order made under clause (1) may, in particular,— (a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised; (b) specify any part or parts of the State which shall be regarded as the local area— (i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government; (ii) for direct recruitment to posts in any cadre under any local authority within the State; and (iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government; (c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made— (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order; Special provisions with respect to the State of Andhra Pradesh. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely:— (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ (4) An order made under clause (3) may— (a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit; (b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary; (c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order; (d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary. 1(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: Provided that the State Government may, by special order made in writing and for reasons to be specified ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371D.)_ therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. (6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature. (7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal. (8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition. (9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,— (a) no appointment, posting, promotion or transfer of any person— (i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or (ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371D—371F.)_ (b) no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. **371E.** Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.] 1[371F. Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members; (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)— (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Establishment of Central University in Andhra Pradesh. Special provisions with respect to the State of Sikkim. ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution; (c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of [1][five years], in clause (1) of article 172 shall be construed as references to a period of [2][four years] and the said period of [2][four years] shall be deemed to commence from the appointed day; (d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim; (e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim; (f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for “six years” (w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by the Constitution (Forty-second Amendment) Act 1976 s 56 (w e f 3-1-1977) ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim; (g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion; (h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim; (i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim; (j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution; (k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue ----- ( _p_ _y,_ _p_ _Provisions.—Art. 371F.)_ (l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law; (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143; (n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification; (o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order [1], do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day; ----- ( _p_ _y,_ _p_ _Provisions.—Arts. 371F—371H.)_ (p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.] 1[371G. Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986; (b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.] 2[371H. Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order Special provision with respect to the State of Mizoram. Special provision with respect to the State of Arunachal Pradesh. ----- Special provision with respect to the State of Goa. Continuance in force of existing laws and their adaptation. ( _p_ _y,_ _p_ _Provisions.—Arts. 371H—372.)_ in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order; (b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.] 1[371-I. Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.] **372.** (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority. (2) For the purpose of brining the provisions of any law in force in the territory of India into accord with the ----- ( _p_ _y,_ _p_ _Provisions.—Art. 372.)_ provisions of this Constitution, the President may by order[1] make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. (3) Nothing in clause (2) shall be deemed— (a) to empower the President to make any adaptation or modification of any law after the expiration of [2][three years] from the commencement of this Constitution; or (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause. _Explanation I.—The expression “law in force” in this_ article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. _Explanation II.—Any law passed or made by a_ Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, contiue to have such extra-territorial effect. 1See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 449, as amended by Notification No. S.R.O. 115, dated the 5th June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, Notification No. S.R.O. 870, dated the 4th November, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 903, Notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of India, Extraordinary, Part II, Section 3, p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India, Extraordinary Part II Section 3 p 616/I; and the Adaptation of the Travancore-Cochin ----- Power of the President to adapt laws. Power of President to make order in respect of persons under preventive detention in certain ( _p_ _y,_ _p_ _Provisions.—Arts._ 372—373.) _Explanation III.—Nothing in this article shall be_ construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force. _Explanation IV.—An Ordinance promulgated by the_ Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period. 1[372A. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order[2] made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. (2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.] **373.** Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there ----- ( _p_ _y,_ _p_ _Provisions.—Art._ 373-374.) were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President. **374. (1) The Judges of the Federal Court holding office** immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court. (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court. (3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council. ----- Courts, authorities and officers to continue to function subject to the provisions of the Constitution. Provisions as to Judges of High Courts. ( _p_ _y,_ _p_ _Provisions.—Arts._ 374—376.) First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court. (5) Further provision may be made by Parliament by law to give effect to the provisions of this article. **375.** All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution. **376.** (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. [1][Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.] (2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine ----- ( _p_ _y,_ _p_ _Provisions.—Art._ 376—378.) (3) In this article, the expression “Judge” does not include an acting Judge or an additional Judge. **377.** The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. **378.** (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. (2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration Provisions as to Comptroller and Auditor-General of India. Provisions as to Public Service Commissions. ----- Special provision as to duration of Andhra Pradesh Legislative Assembly. Power of the President to remove difficulties. ( _p_ _y,_ _p_ _Provisions.—Art. 378A—392.)_ 1[378A. Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.] **379.—391.** _Rep. by the Constitution (Seventh Amendment)_ _Act,_ 1956, s. 29 _and Sch._ **392. (1) The President may, for the purpose of removing** any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V. (2) Every order made under clause (1) shall be laid before Parliament. (3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India. ----- ## PART XXII ### SHORT TITLE, COMMENCEMENT [1][, AUTHORI- TATIVE TEXT IN HINDI] AND REPEALS **393. This Constitution may be called the Constitution** of India. **394. This article and articles 5, 6, 7, 8, 9, 60, 324, 366,** 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. 2[394A. (1) The President shall cause to be published under his authority,— (a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and (b) the translation in the Hindi language of every amendment of this Constitution made in the English language. (2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably. (3) The translation of this Constitution and of every amendment thereof published under this article shall be Short title. Commencement. Authoritative text in the Hindi language. ----- Repeals. _(_ _,_ _,_ _Text in Hindi and Repeals.—Arts. 394A-395.)_ deemed to be, for all purposes, the authoritative text thereof in the Hindi language.] **395.** The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed. -----

21-Sep-1927

16

The Indian Forest Act 1927

https://www.indiacode.nic.in/bitstream/123456789/19313/1/the_indian_forest_act%2c_1927.pdf

Andaman and Nicobar Islands

SECTIONS 1. Short title and extent. 2. Interpretation clause. 3. Power to reserve forests. # THE INDIAN FOREST ACT, 1927 _____ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY CHAPTER II OF RESERVED FORESTS 4. Notification by State Government. 5. Bar of accrual of forest-rights. 6. Proclamation by Forest Settlement-officer. 7. Inquiry by Forest Settlement-officer. 8. Powers of Forest Settlement-officer. 9. Extinction of rights. 10. Treatment of claims relating to practice of shifting cultivation. 11. Power to acquire land over which right is claimed. 12. Order on claims to rights of pasture or to forest-produce. 13. Record to be made by Forest Settlement-officer. 14. Record where he admits claim. 15. Exercise of rights admitted. 16. Commutation of rights. 17. Appeal from order passed under section 11, section 12, section 15 or section 16. 18. Appeal under section 17. 19. Pleaders. 20. Notification declaring forest reserved. 21. Publication of translation of such notification in neighbourhood of forest. 22. Power to revise arrangement made under section 15 or section 18. 23. No right acquired over reserved forest, except as here provided. 24. Rights not to be alienated without sanction. 25. Power to stop ways and water-courses in reserved forests. 26. Acts prohibited in such forests. 27. Power to declare forest no longer reserved. ----- SECTIONS 28. Formation of village-forests. 29. Protected forests. CHAPTER III OF VILLAGE-FORESTS CHAPTER IV OF PROTECTED FORESTS 30. Power to issue notification reserving trees, etc. 31. Publication of translation of such notification in neighbourhood. 32. Power to make rules for protected forests. 33. Penalties for acts in contravention of notification under section 30 or of rules under section 32. 34. Nothing in this Chapter to prohibit acts done in certain cases. CHAPTER V OF THE CONTROL OVER FORESTS AND LANDS NOTBEING THE PROPERTY OF GOVERNMENT 35. Protection of forests for special purposes. 36. Power to assume management of forests. 37. Expropriation of forests in certain cases. 38. Protection of forests at request of owners. CHAPTER VI OFTHE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 39. Power to impose duty on timber and other forest-produce. 40. Limit not to apply to purchase-money or royalty. CHAPTER VII OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 41. Power to make rules to regulate transit of forest-produce. 41A. Powers of Central Government as to movements of timber across customs frontiers. 42. Penalty for breach of rules made under section 41. 43. Governments and Forest-officers not liable for damage to forest-produce at depot. 44. All persons bound to aid in case of accident at depot. CHAPTER VIII OF THE COLLECTION OF DRIFT AND STRANDED TIMBER 45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly. 46. Notice to claimants of drift-timber. 47. Procedure on claim preferred to such timber. 48. Disposal of unclaimed timber. 49. Government and its officers not liable for damage to such timber. 50. Payments to be made by claimant before timber is delivered to him. ----- SECTIONS 51. Power to make rules and prescribe penalties. CHAPTER IX PENALTIES AND PROCEDURE 52. Seizure of property liable to confiscation. 53. Power to release property seized under section 52. 54. Procedure thereupon. 55. Forest-produce, tools, etc., when liable to confiscation. 56. Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was committed. 57. Procedure when offender not known, or cannot be found. 58. Procedure as to perishable property seized under section 52. 59. Appeal from orders under section .55, section 56 or section 57. 60. Property when to vest in Government. 61. Saving of power to release property seized. 62. Punishment for wrongful seizure. 63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks. 64. Power to arrest without warrant. 65. Power to release on a bond a person arrested. 66. Power to prevent commission of offence. 67. Power to try offences summarily. 68. Power to compound offences. 69. Presumption that forest-produce belongs to Government. CHAPTER X CATTLE-TRESPASS 70. Cattle-trespass Act, 1871, to apply. 71. Power to alter fines fixed under that Act. CHAPTER XI OF FOREST-OFFICERS 72. State Government may invest Forest-officers with certain powers. 73. Forest-officers deemed public servants. 74. Indemnity for acts done in good faith. 75. Forest-officers not to trade. CHAPTER XII SUBSIDIARY RULES 76. Additional powers to make rules. ----- SECTIONS 77. Penalties for breach of rules. 78. Rules when to have force of law. CHAPTER XIII MISCELLANEOUS 79. Persons bound to assist Forest-officers and police-officers. 80. Management of forests the joint property of Government and other persons. 81. Failure to perform service for which a share in produce of Government forest is enjoyed. 82. Recovery of money due to Government. 83. Lien on forest-produce for such money. 84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894. 85. Recovery of penalties due under bond. 85A. Saving for rights of Central Government. 86. [Repealed.]. THE SCHEDULE—[Repealed.]. ----- # THE INDIAN FOREST ACT, 1927 ACT NO. 16 OF 1927[1] [21st September, 1927.] # An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Indian Forest Act, 1927.** 2 [(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States. (3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force[3] in the whole or any specified part of that State to which this Act extends and where it is not in force.] **2. Interpretation clause.—In this Act, unless there is anything repugnant in the subject or** context, — (1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; (2) “Forest-officer” means any person whom [4] *** the [5] [State Government] or any officer empowered by [4]*** the [5][State Government] in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer; 1. This Act has been amended in its application to:— (1) Madhya Pradesh by Madhya Pradesh Acts 26 of 1950 and 20 of 1954 ; (2) Uttar Pradesh by U.P. Acts 18 of 1951, 5 of 1956, 21 of 1960, 11 of 1973 and 13 of 1976 ; (3) Orissa by Orissa Act 25 of 1952, 11 of 1954, 27 of 1959 and 14 of 1972 ; (4) West Bengal by Bengal Act 11 of 1945, s. 63, West Bengal Acts 14 of 1948 and 14 of 1975 ; (5) East Punjab by East Punjab Act 7 of 1948 ; (6) Haryana by Haryana Acts 12 of 1973 and 31 of 1973 ; (7) Maharashtra by Maharasthra Acts 6 of 1961 and 27 of 1968 ; (8) Gujarat by Gujarat Act 14 of 1973 ; and (9) Certain parts of Mysore by Mysore Act 10 of 1958: 2. Subs. by the A.O. (No. 3) 1956, for sub-sections (2) and (3). 3. This Act has beed declared to be in force in the Khondmals District by the Khondmals laws regulations, 1936 (4 of 1936), s. 3 and the Schedule.; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), and the Schedule. This Act has been extended in its application to:— (1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941); (2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I, p. 94; (3) The Delhi Province see Gazette of India, 1933, Pt. II-A, p. 293; (4) The whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified); (5) Dadra and Nagar Haveli (w.e.t. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule; (6) Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule; (7) Goa, Darnan and Diu by Reg. 11 of 1963, s. 3 and the Schedule; and (8) the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule. The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. (9) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (31-10-2019). 4. The words “the G.G. in C. or” rep. by the A.O. 1937. 5. Subs. by the A.O. 1950, for “Provincial Government”. ----- (3) “forest-offence” means an offence punishable under this Act or under any rule made thereunder; (4) “forest-produce” includes— (a) the following whether found in, or brought from, a forest or not, that is to say:— timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds [1][, kuth] and myrabolams, and (b) the following when found in, or brought from, a forest, that is to say:— (i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries); 2[(4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge of such Court;] (5) “river” includes any stream, canal, creek or other channels, natural or artifical; (6) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and (7) “tree” includes palms, [3]***, stumps, brush-wood and canes. **STATE AMENDMENTS** **Jammu and Kashmir and Ladakh (UTs).—** (i) Section 2.–for clause (1), the following clauses shall be substituted, namely:– (1) “authorised officer” means an officer authorized under sub-section (2) of section 52; (1A) “cattle” include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids; (1B) “forest based industry” means an industry or unit in which any forest produce is used as raw material or as a source of energy. (ii) for clause (4), the following clause shall be substituted, namely:– (4) “forest-produce” includes— (a) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchella spp), Aconitum spp, Podophyllum spp, Picrorhizaspp, Trillium spp, Nardostachys spp, Taxus spp, Valerianassp, Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not; and (b) the following when found in, or brought from, a forest, namely:–– (i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a); 1. Ins. by Act 26 of 1930, s. 2. 2. Ins. by Act 3 of 1933, s. 2. 3. The word “bamboos” omitted by Act 5 of 2018, s. 2 (w.e.f 23-11-2017). ----- (ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants; (iii) silk, cocoons, honey and wax; and (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries). (iii) after clause (5), insert the following clause, namely: (5A) “saw mill” means any plant and machinery with which and the premises (including the precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or mechanical power. (iv) after clause (6), insert the following clause, namely: (6A) “transporter” includes a person, a private agency, a Government Department, Corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person; (v) after clause (7), insert the following clause; (8) “wild animal” shall have the same meaning as assigned to it in the Wild Life (Protection) Act, 1972. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTER II OF RESERVED FORESTS **3. Power to reserve forests.—The [1][State Government] may constitute any forest-land or waste-land** which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in themanner hereinafter provided. **4. Notification by [1][State Government].—(1) Whenever it has been decided to constitute any land a** reserved forest, the [1][State Government] shall issue a notification in the [2][Official Gazette]— (a) declaring that it has been decided to constitute such land a reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and todeal with the same as provided in this Chapter. _Explanation.—For the purpose of clause (b), it shall be sufficient to describe the limits of the forest_ by roads, rivers, ridges or other well-known or readily intelligible boundaries. (2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer. (3) Nothing in this section shall prevent the [1][State Government] from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act. **5. Bar of accrual of forest-rights.—After the issue of a notification under section 4, no right shall be** acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- purpose shall be made in such land except in accordance with such rules as may be made by the [1][State Government] in this behalf. **6. Proclamation by Forest Settlement-officer.—When a notification has been issued under** section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation— (a) specifying, as nearly as possible, the situation and limits of the proposed forest; (b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and (c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. **7. Inquiry by Forest Settlement-officer.—The Forest Settlement-officer shall take down in writing** all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same. **8. Powers of Forest Settlement-officer.—For the purpose of such inquiry, the Forest Settlement-** officer may exercise the following powers, that is to say:— (a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and (b) the powers of a Civil Court in the trial of suits. **9. Extinction of rights.—Rights in respect of which no claim has been preferred under section 6 and** of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless, before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6. **10. Treatment of claims relating to practice of shifting cultivation.—(1) In the case of a claim** relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the State Government, together with his opinion as to whether the practice should be permitted or prohibited wholly or in part. (2) On receipt of the statement and opinion, the [1][State Government] may make an order permitting or prohibiting the practice wholly or in part. (3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise— (a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or (b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe. (4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the 1[State Government]. 1. Subs. by the A.O. 1950, for “Provincial Government”. ----- (5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the [1][State Government]. **11. Power to acquire land over which right is claimed.—(1) In the case of a claim to a right in or** over any land, other than a right-of-way or right of pasture, or a right to forest-produce or a watercourse, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either— (i) exclude such land from the limits of the proposed forest; or (ii) come to an agreement with the owner thereof for the surrender of his rights; or (iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894(1 of 1894). (3) For the purpose of so acquiring such land— (a) the Forest Settlement-officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894). (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and (d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money. **12. Order on claims to rights of pasture or to forest produce.—In the case of a claim to rights of** pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part. **13. Record to be made by Forest Settlement-officer.—The Forest Settlement-officer, when passing** any order under section 12, shall record, so far as may be practicable,— (a) the name, father’s name, caste, residence and occupation of the person claiming the right; and (b) the designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed. **14. Record where he admits claim.—If the Forest Settlement-officer admits in whole or in part any** claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest-produce which he is from time to time authorised to take or receive, and such other particulars at; the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered. **15. Exercise of rights admitted.—(1) After making such record the Forest Settlement-officer shall,** to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted. (2) For this purpose the Forest Settlement-officer may— (a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or (b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or 1. Subs. by the A.O. 1950, for “Provincial Government”. ----- (c) record an order, continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the [1][State Government]. **16. Commutation of rights.—In case the Forest Settlement-officer finds it impossible, having due** regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the 1[State Government] may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit. **17. Appeal from order passed under section 11, section 12, section 15 or section 16.—Any person** who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the [1][State Government] in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Collector, as the [1][State Government] may, by notification in the [2][Official Gazette], appoint to hear appeals from such orders: Provided that the [1][State Government] may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the State Government, and, when the Forest Court has been so established, all such appeals shall be presented to it. **18. Appeal under section 17.—(1) Every appeal under section 17 shall be made by petition in** writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same. (2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue. (3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties and shall hear such appeal accordingly. (4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the [1][State Government], be final. **19. Pleaders.—The** [1][State Government], or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the appellate officer or Court, in the course of any inquiry or appeal under this Act. **20. Notification declaring forest reserved.—(1) When the following events have occurred,** namely:— (a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement-officer; (b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and (c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act. the [1][State Government] shall publish a notification in the [2][Official Gazette], specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification. (2) From the date so fixed such forest shall be deemed to be a reserved forest. 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- **STATE AMENDMENTS** **Jammu and Kashmir and Ladakh (UTs).—** Section 20A.– After section 20, insert the following section– **20A. Demarcated forests deemed to be reserved forests.– (1) Notwithstanding anything contained in this** Act or any other law for the time being in force, any forest which has been notified as a demarcated forest under the erstwhile Jammu and Kashmir Forest Act, 1987 (1930 A.D.), prior to the appointed day notified under the Jammu and Kashmir Reorganization Act, 2019, shall be deemed to be a reserved forest under this Act. (2) All questions decided, orders issued and records prepared in connection with the constitution of such forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1) are applicable. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **Orissa** **Insertion of new section after section 20, (16 of 1927).—After section 20 of the Indian Forest Act, 1927** (16 of 1927) (hereinafter referred to as the said Act), the following new section shall be inserted, namely:— **20-A. Forest land or waste land deemed to be reserved forests.—(1) Notwithstanding anything** contained in this Act or in any other law for the time being in force, any forest land or waste land in the merged territories, which had been recognized by the Ruler or any merged State immediately before the date of merger as a reserved forest in pursuance or any law, custom, rule, regulation, order or notification for the time being in force or which has been dealt with as such in any administration report or in accordance with any working plan, or register maintained and acted upon immediately before the said date and has been continued to be so dealt with thereafter, shall be deemed to be reserved forests for the purposes of this Act. (2) In the absence of any rule, order or notification under this Act, application to the area in question any law, custom, rule, regulation, order or notification mentioned in sub-section (1) shall, anything in law to the contrary notwithstanding, be deemed to be validly in force as if he same had the force and effect of rules, orders and notifications made under the provisions of this Act and shall continue to so remain in force until superseded, altered or modified in accordance therewith. (3) No report working plan, or register as aforesaid or any entry therein shall be questioned in any court of law; provided that the State Government have duly certified that such report, working plan, or register had been prepared under the authority of the said Ruler before the date of the merger and has been under the authority of the State Government continued to be recognized, maintained or acted upon thereafter. (4) Forests recognized in the merged territories as khesra forests, village forests or protected forests, or forests other than reserved forests, by whatever name designed or locally known, shall be deemed to be protected forests within the meaning of this Act and provisions of sub-sections (2) and (3) shall mutatis mutandis apply. Explanation I- “Working plan” includes any plan, scheme, project, maps, drawings and lay-outs prepared for the purpose of carrying out the operations in course of the working and management of forests. Explanation II- “Ruler” includes the Darbar administration prior to the date of the merger and “State Government” includes the successor Government after the said date.”. [Vide the Orissa Act 11 of 1954, s.2] **21. Publication of translation of such notification in neighbourhood of forest.—The Forest-officer** shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest. **22. Power to revise arrangement made under section 15 or section 18.—The [1][State Government]** may, within five years from the publication of any notification under section 20 revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings, specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16. 1. Subs. by the A.O. 1950, for “Provincial Government”. ----- **23. No right acquired over reserved forest, except as here provided.—No right of any description** shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the [1][Government] or some person in whom such right was vested when the notification under section 20 was issued. **24. Rights not to be alienated without sanction.—(1) Notwithstanding anything contained in** section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the [2][State Government]: Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house. (2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14. **25. Power to stop ways and watercourses in reserved forests.—The Forest-officer may, with the** previous sanction of the [2][State Government] or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a substitute for the way or water-course so stopped, which the [2][State Government] deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof. **26. Acts prohibited in such forests.—(1) Any person who—** (a) makes any fresh clearing prohibited by section 5, or (b) sets fire to a reserved forest, or, in contravention of any rules made by the [2][State Government] in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; or who, in a reserved forest— (c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf; (d) trespasses or pastures cattle, or permits cattle to trespass; (e) causes any damage by negligence in felling any tree or cutting or dragging any timber; (f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same; (g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce; (h) clears or breaks up any land for cultivation or any other purpose; (i) in contravention of any rules made in this behalf by the [2][State Government] hunts, shoots, fishes, poisons water or sets traps or snares; or (j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made; shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid. (2) Nothing in this section shall be deemed to prohibit— (a) any act done by permission in writing of the Forest-officer, or under any rule made by the 2[State Government]; or (b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created by grant or contract in writing made by or on behalf of the Government under section 23. (3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the [2][State Government] may (notwithstanding that any penalty has been inflicted under this section) direct that in 1. Subs. the A.O. 1950, for “Crown”. 2. Subs. by the A.O. 1950, for “Provincial Government”. ----- such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 26 of Act 16 of 1927.—In section 26 of the Indian Forest Act, 1927, in its** application to the State of Maharashtra (hereinafter referred to as “the principal Act”),— (a) in sub-section (1),— (i) for the words “two thousand rupees” the words “five thousand rupees” shall be substituted; (ii)the following proviso shall be added, namely:— “Provided that, in cases where the forest-offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted for any forest-offence the punishment may extend to double the punishment mentioned in this sub-section.”; (b) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) (a) The Forest-officer may evict form a reserved forest or from any land in a reserved forest any person who, in such forest, trespasses or pastures cattle, or permits cattle to trespass, or clears or breaks up such land for cultivation or for any other purpose, and may demolish any building erected or construction made by such person on such land. (b) Any agricultural or other crops grown, or any building erected or any construction made, by any person on any land in a reserved forest shall be liable to confiscation by an order of the Divisional Forestofficer. (c) The provisions of this sub-section shall have effect notwithstanding any punishment inflicted under sub-section (1): Provided that, nothing in the above sub-section shall adversely affect the forest rights conferred on the forest dwelling Schedule Tribes and other traditional forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and the ownership rights of Gram Sabha over the minor forest-produce under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).”; (c) for sub-section (4), the following sub-sections shall be substituted, namely:— “(4) Any person who causes resistance or hurt to deter public servants or employees engaged on their behalf from dischargingtheir duties under sub-section (1-A) shall, on convicted, be punished with imprisonment for a term which shall not be less than one year but may extend to six years and also with fine which shall not be less than one thousand rupees. (5) No civil court shall have any jurisdiction in any matter provided for by sub-section (1-A).”. [Vide Maharashtra Act 21 of 2015, s. 2]. **STATE AMENDMENTS** **Jammu and Kashmir and Ladakh (UTs).—** Section 26.-In sub-section (1) (i) in clause (e), substitute the word “dragging” with the words “dragging or removing”; (ii) in clause (f), substitute the words “the same” with the words “the same or any forest produce”; (iii) for clause (h), substitute the following clause, namely:–– ----- (h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose; (iv) in the long line, for the words “six months, or with fine which may extend to five hundred rupees,” substitute the words “two years, or with fine which may extend to twenty five thousand rupees. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **27. Power to declare forest no longer reserved.—(1) The** [1][State Government] may, [2]*** by notification in the [3][Official Gazette], direct that, from a date fixed by such notification, any forest or any portion thereof reserved under this Act shall cease to be a reserved forest. (2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished therein shall not revive in consequence of such cessation. CHAPTER III OF VILLAGE-FORESTS **28. Formation of village-forests.—(1) The** 1[State Government] may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests. (2) The [1][State Government] may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest. (3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests. **STATE AMENDMENTS** **Jammu and Kashmir and Ladakh (UTs).—** Section 28. (i) in sub-section (1), for the word “reserved forest”, substitute the words “reserved forest or declared a protected forest or is a land which has been entered in settlement records as khalsa land”; (ii) in sub-section (3) after the words “reserved forests”, insert the words “or protected forests, as the case may be”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTER IV OF PROTECTED FORESTS **29. Protected forests.—(1) The** [1][State Government] may, by notification in the [4][Official Gazette], declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forests produce of which the Government is entitled. (2) The forest-land and waste-lands comprised in any such notification shall be called a “protected forests”. 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. The words “subject to the control of the G.G. in C.” rep. by the A.O. 1937 3. Subs., ibid, for “Local Official Gazette”. 4. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- (3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprisedtherein have been inquired into and recorded at a survey or settlement, or in such other manner as the [1][State Government] thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved: Provided that, if, in the case of any forest-land or waste-land, the [1][State Government] thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to endanger the rights of Government, the [1][State Government] may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 29A.- After section 29, insert the following section– 29A. **Undemarcated forests deemed to be protected forests.- (1) Notwithstanding anything** contained in this Act or any other law for the time being in force, any undemarcated forest (which means and includes all forest land other than demarcated forest which is the property of the Government of Union territory of Jammu and Kashmir and is not appropriated for any specific purpose and includes all the undemarcated and berun line forest vested in the Forest Department under the provisions of section 48 of the Jammu and Kashmir Village Panchayat Act, 1958 or any other law for the time being in force), prior to the appointed day notified under the Jammu and Kashmir Reorganization Act, 2019, shall be deemed to be a protected forest under this Act. (2) All questions decided, orders issued and records prepared in connection with the constitution of such forest as undemarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to protected forests shall apply to forest to which the provision of sub-section (1) are applicable. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **30. Power to issue notification reserving trees, etc.— The [1][State Government] may, by notification** in the [2][Official Gazette],— (a) declare any trees or class of trees in a protected forests to be reserved from a date fixed by the notification; (b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the [1][State Government] thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forestproduce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest. **31. Publication of translation of such notification in neighbourhood.—The Collector shall cause a** translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forests comprised in the notification. **32. Power to make rules for protected forests.—The** [1][State Government] may make rules to regulate the following matters, namely:— 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- (a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce, from protected forests; (b) the granting of licenses to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licenses by such persons; (c) the granting of licenses to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licenses by such persons; (d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce; (e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment shall be made; (f) the examination of forest-produce passing out of such forests; (g) the clearing and breaking up of land for cultivation or other purposes in such forests; (h) the protection from fire of timber laying in such forests and of trees reserved under section 30; (i) the cutting of grass and pasturing of cattle in such forests; (j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests, and the killing or catching of elephants in such forests in areas in which the Elephants Preservation Act, 1879 (6 of 1879), is not in force; (k) the protection and management of any portion of a forest closed under section 30; and (l) the exercise of rights referred to in section 29. **33. Penalties for acts in contravention of notification under section 30 or of rules under section** **32.— (1) Any person who commits any of the following offences, namely:—** (a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages,any such tree; (b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce; (c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest; (d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest; (e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion; (f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid; (g) permits cattle to damage any such tree; (h) infringes any rule made under section 32; shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both. (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit. ----- **STATE AMENDMENTS** **Maharashtra** **Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in** sub-section (1), for the words “two thousand rupees” the words “five thousand rupees” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 3]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 33.-In Sub-section (1). — (i) in clause (c), after the words “or clears”, insert the words “or attempts to break-up or clear”; (ii) in clause (f), after the word “drags”, insert the words “or removes”; (iii) in the long line for the words “six months, or with fine which may extend to five hundred rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand rupees”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **34. Nothing in this Chapter to prohibit acts done in certain cases.—Nothing in this Chapter shall** be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed tinder section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29. CHAPTER V OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT **35. Protection of forests for special purposes.—(1) The [1][State Government] may, by notification** in the [2][Official Gazette], regulate or prohibit in any forest or waste-land— (a) the breaking up or clearing of land for cultivation; (b) the pasturing of cattle; or (c) the firing or clearing of the vegetation; when such regulation or prohibition appears necessary for any of the following purposes:— (i) for protection against storms, winds, rolling stones, floods and avalanches; (ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel; (iii) for the maintenance of a water-supply in springs, rivers and tanks; (iv) for the protection of roads, bridges, railways and other lines of communication; (v) for the preservation of the public health. (2) The [1][State Government] may, for any such purpose, construct at us own expense, in or upon any forest or waste-land, such work as it thinks fit. (3) No notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the [1][State Government]. **36. Power to assume management of forests.— (1) In case of neglect of, or willful disobedience to,** any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that section so require, the [1][State Government] may, after notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a Forest-officer, and may declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or land. (2) The net profits, if any, arising from the management of such forest or land shall be paid to the said owner. **37. Expropriation of forests in certain cases.—(1) In any case under this Chapter in which the** 1[State Government] considers that, in lieu of placing the forest or land under the control of a Forestofficer, the same should be acquired for public purposes, the [1][State Government] may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894). (2) The owner of any forest or land comprised in any notification under section 35 may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the [1][State Government] shall acquire such forest or land accordingly. **38. Protection of forests at request of owners.—(1) The owner of any land or, if there be more than** one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector their desire— (a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or (b) that all or any of the provisions of this Act be applied to such land. (2) In either case, the [1][State Government] may, by notification in the [2][Official Gazette], apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be desired by the applicants. CHAPTER VI OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE **39. Power to impose duty on timber and other forest-produce.— (1) The [3][Central Government]** may levy a duty in such manner, at such places and at such rates as it may declare by notification in the 2[Official Gazette] on all timber or other forest-produce— (a) which is produced in [4][the territories to which this Act extends], and in respect of which the 5[Government] has any right; (b) Which is brought from any place outside [1][the territories to which this Act extends]: 6* - - - (2) In every case in which such duty is directed to be levied _ad valorem, the [7][Central Government]_ may fix by like notification the value on which such duty shall be assessed. (3) All duties on timber or other forest-produce which, at the time when this Act comes into force in any territory, are levied therein under the authority of the [1][State Government], shall be deemed to be and to have been duly levied under the provisions of this Act. 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. 3. Subs. by the A.O. 1937, for “L.G.”. 4. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”. 5. Subs. by the A.O. 1950, for “Crown”. 6. The Proviso rep. by the A.O. 1937. 7. Subs. by the A.O. 1937, for “L.G.”. ----- 1[(4) Notwithstanding anything in this section, the 2[State Government] may, until provision to the contrary is made by [3][Parliament], continue to levy any duty which it was lawfully levying before the commencement[4] of [5][the Constitution], under this section as then in force: Provided that nothing in this sub-section authorises the levy of any duty which as between timber or other forest-produce of the [6][State] and similar produce of the locality outside the [6][State] discriminates in favour of the former, or which, in the case of timber or other forest-produce of localities outside the 6[State], discriminates between timber or other forest-produce of one locality and similar timber or other forest-produce of another locality.] **40. Limit not to apply to purchase money or royalty.—Nothing in this Chapter shall be deemed to** limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied. CHAPTER VII OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT **41. Power to make rules to regulate transit of forest produce.—(1) The control of all rivers and** their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the [2][State Government], and it may make rules to regulate the transit of all timber and other forest-produce. (2) In particular and without prejudice to the generality of the foregoing power such rules may— (a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within [7][the State]; (b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass; (c) provide for the issue, production and return of such passes and for the payment of fees therefore; (d) provide for the stoppage, reporting, examination and marking of timber or other forest produce in transit, in respect of which there is reason to believe that any money is payable to the 8[Government] on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark; (e) provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it, and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots; (f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed; (g) provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the same; 1. Ins. by the A.O. 1937. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs. by the A.O. 1950, for “the Central Legislature”. 4. That is, 26th January, 1950. 5. Subs. by the A.O. 1950, for the “Part III of the Government of India Act, 1935”. 6. Subs. ibid., for “Province”. 7. Subs. by the A.O. 1937, for “British India”. 8. Subs. by the A.O. 1950, for “Crown”. ----- (h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber; (i) regulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration. (3) The State Government may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.] 1[41A. Powers of Central Government as to movements of timber across customs frontiers.— Notwithstanding anything in section 41, the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from [2][the territories to which this Act extends] across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section.] **42. Penalty for breach of rules made under section 41.—(1) The [3][State Government] may by such** rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both. (2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 42 of Act 16 of 1927.—In section 42 of the principal Act, in sub-section (1),** for the words “two thousand rupees” the words “five thousand rupees” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 4]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 42.- In sub-section (1), for the words “six months” and “five hundred rupees”, substitute the words “two years” and “twenty-five thousand rupees” respectively. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **43. Government and Forest-officers not liable for damage to forest-produce at depot.** —The 4[Government] shall not be responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established under a rule made under section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently. **44. All persons bound to aid in case of accident at depot.—In case of any accident or emergency** involving danger to any property at any such depot, every person employed at such depot, whether by the 4[Government] or by any private person, shall render assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or loss. 1. Ins. by the A.O. 1937. 2. Subs. by the A. O. (No. 3) 1956, for “Part A States and Part C States”. 3. Subs. by the A.O. 1950, for “Provincial Government”. 4. Subs. ibid., for “Crown”. ----- CHAPTER VIII OF THE COLLECTION OF DRIFT AND STRANDED TIMBER **45. Certain kinds of timber to be deemed property of Government until title thereto proved,** **and may be collected accordingly.—(1) All timber found adrift, beached, stranded or sunk;** all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and in such areas as the [1][State Government] directs, all unmarked wood and timber; shall be deemed to be the property of Government, unless and untill any person establishes his right and title thereto, as provided in this Chapter. (2) Such timber may be collected by any forest-officer or other person entitled to collect the same by virtue of any rule made under s ion 51, and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber. (3) The [1][State Government] may, by notification in the [2][Official Gazette], exempt any class of timber from the provisions of this section. **46. Notice to claimants of drift timber.—Public notice shall from time to time be given by the** Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim. **47. Procedure on claim preferred to such timber.—(1) When any such statement is presented as** aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant. (2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and, retain the timber pending the receipt of an order from any such Court for its disposal. (3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the [3][Government], or against any Forest-officer, on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section. (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section. **48. Disposal of unclaimed timber.—If no such statement is presented as aforesaid, or if the claimant** omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the [3][Government], or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him. **49. Government and its officers not liable for damage to such timber.—The [3][Government] shall** not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently. **50. Payments to be made by claimant before timber is delivered to him.—No person shall be** entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. 3. Subs. by the A.O. 1950, for “Crown”. ----- Forest-officer or other person entitled to receive if such sum on account thereof as may be due under any rule made under section 51. **51. Power to make rules and prescribe penalties.—(1) The State Government** [1] [may, by notification in the Official Gazette, make rules] to regulate the following matters, namely:— (a) the salving, collection and disposal of all timber mentioned in section 45; (b) the use and registration of boats used in salving and collecting timber; (c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and (d) the use and registration of hammers and other instruments to be used for marking such timber. 2[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] (2) The [3][State Government] may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 51.-In sub-section (2), for the words “six months, or with fine which may extend to five hundred rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand rupees”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTER IX PENALTIES AND PROCEDURE **52. Seizure of property liable to confiscation.—** (1) When there is reason to believe that a forest offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, maybe seized by any Forest-officer or Police-officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made: Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 52 of Act 16 of 1927.—In section 52 of the principal Act,—** (a) sub-section (1A) shall be deleted; (b) in the marginal note, the words “and forfeiture” shall be deleted. [Vide Maharashtra Act 21 of 2015, s. 5]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— 1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “may make rules”. 2. Ins. by s. 2 and the Schedule, ibid. 3. Subs. by the A.O. 1950, for “Provincial Government”. ----- Section 52.-Substitute section 52 with the following section, namely:– 52. Seizure of property liable to confiscation and procedure thereof.– (1) When there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the ‘authorised officer’): Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. (3) Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized. (4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer,– (a) sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; (b) issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property; (c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and (d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose. (5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of objects aforesaid for commission of forest offence. (6) Where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence: Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of ----- offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction. (7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of the cattle. **Insertion of section 52A to 52D.– After section 52, insert the following sections, namely:–** **52A. Revision before Court of Sessions against order of confiscation.–** (1) Any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, within thirty days of knowledge of such order submit a petition for revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated. **_Explanation_** **I.–In computing the period of thirty days under this sub-section, the time required for** obtaining certified copy of the order of Authorised Officer shall be excluded. **_Explanation II.–For the purposes of this sub-section a party shall be deemed to have knowledge of the_** order of confiscation under section 52 on publication of such order in two daily newspapers having circulation in the State. (2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by the Authorised Officer. (3) Copies of the order passed in revision shall be sent to the Authorised Officer for compliance or passing such further order or for taking such further orders or for taking such further action as may be directed by such Court. (4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973. (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) the order of Court of Sessions passed under this section shall be final and shall not be called in question before any Court. **52B. Bar to jurisdiction of Courts etc. under certain circumstances.–(1) On receipt of report under** sub-section (4) of Section 52 about intimation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority other than Authorised Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force. **_Explanation.–Where under any law for the time being in force, two or more Courts have_** jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts. (2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act. **52C. Power of search and seizure.–(1) Any Forest Officer or Police Officer may, if he has reason to** believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle. ----- (2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation: Provided that such search shall not be conducted otherwise than in accordance with the provisions of the Code of Criminal Procedure, 1973. **52D. Penalty for forcibly opposing seizure.- Whosoever opposes the seizure of any forest-produce,** tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to be seized under this Act, or forcibly receives the same after seizure, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **53. Power to release property seized under section 52. —Any Forest-officer of a rank not inferior** to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 53.-For section 53, substitute the following section, namely:– **53 Power to release property seized under section 52.- Any forest officer of a rank not inferior to** that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the offence or by the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made: Provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the Magistrate having jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **Orissa** **Amendment of sections 52 and 53, (16 of 1927).—In section 52 and 53 of the said Act, for the word** “carts” wherever it occurs the word “vehicle” shall be substituted. [Vide the Orissa Act 11 of 1954, s. 3] **54. Procedure thereupon.—Upon the receipt of any such report, the Magistrate shall, with all** convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law. ----- STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 54.-For section 54, substitute the following section, namely: **54 Receipt of report of seizure by Magistrate and procedure thereupon.- Upon the receipt of any** report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: Provided that before passing any order for disposal of property the Magistrate shall satisfy himself that no intimation under sub-section (4) of section 52 has been received by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **55. Forest-produce, tools, etc., when liable to confiscation.—(1) All timber or forest-produce** which is not the property of [1][Government] and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation. (2) Such confiscation may be in addition to any other punishment prescribed for such offence. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 55 of Act 16 of 1927.—In section 55 of the principal Act,—** (a) in sub-section (1), for the words “shall be liable by order of the convicting court to forfeiture” the words “shall be liable to confiscation” shall be substituted; (b) in sub-section (2), for the word “forfeiture” the word “confiscation” shall be substituted; (c) in the marginal note, for the word “forfeiture” the word “confiscation” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 6]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 55.– For sub-section (1), substitute the following sub-section:– (1) All timber or forest produce which in either case is not the property of the Government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation upon conviction of the offender for such offence. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was** **committed. —When the trial of any forest-offence is concluded, any forest-produce in respect of which** such offence has been committed shall, if it is the property of [1][Government] or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct. 1. Subs. by the A.O. 1950, for “Crown”. ----- **STATE AMENDMENTS** **Maharashtra** **Amendment of section 56 of Act 16 of 1927.—In section 56 of the principal Act, for the word** “forfeited” the word “confiscated” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 7]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 56.-For the words “When the trial of”, substitute the words, figures and letter, “Without prejudice to the provisions of section 52C, when the trial of”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **57. Procedure when offender not known or cannot be found.—When the offender is not known or** cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forestofficer or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 57 of Act 16 of 1927.—In section 57 of the–principal Act, for the word** “forfeited” the word “confiscated” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 8]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 57.-For section 57, substitute the following section, namely:– **57. Procedure when the offender is not known or cannot be found.–When the offender is not** known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject to section 52B, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest officer, or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **58. Procedure as to perishable property seized under section 52.—The Magistrate may,** notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold. ----- STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 58.-For section 58, substitute the following section, namely:– **58. Procedure as to perishable property seized under section 52. — The Authorised Officer under** sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **59. Appeal from orders under section 55, section 56 or section 57.—The officer who made the** seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final. **60. Property when to vest in [1] [Government].—When an order for the confiscation of any property** has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the [1][Government] free from all incumbrances. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 60 of Act 16 of 1927.—In section 60 of the principal Act, for the word** “forfeiture” the word “confiscation” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 9]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 60.-Renumbered as sub-section (2) thereof, and, before sub-section (2) as so renumbered, insert the following sub-section, namely:– (1) Property ordered to be confiscated by an authorised officer under section 52, subject to the result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in revision, vest in the Government free from all encumbrances: Provided that if no revision is preferred under section 52A, such vesting shall take effect on expiry of period specified for the submitting petition for revision under section 52A. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] 1. Subs. by the A.O. 1950, for “Crown”. ----- **61. Saving of power to release property seized.—Nothing hereinbefore contained shall be deemed** to prevent any officer empowered in this behalf by the [1][State Government] from directing at any time the immediate release of any property seized under section 52. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 61A of Act XVI of 1927.—In section 61A of the principal Act,—** (a) for sub-section (3), the following sub-section shall be substituted:— “(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is the property of the State Government, is seized under sub-section (1) of section 52, or any such forestproduce is produced before any authorised officer under sub-section (1) and he is satisfied that a forestoffence has been committed in respect of such forest-produce, notwithstanding whether or not a prosecution is instituted for the commission of such offence, such authorised officer shall order the forestproduce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats, vehicles and cattles used in committing such offence.”; (b) in sub-section (4),— (i) for clause (a), the following clause shall be substituted, namely:— “(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, vehicles and cattles.”; (ii) in clause (b),— (1) the words “property or the” shall be deleted; (2) for the word “auction” the word “sale” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 10]. **Amendment of section 61B of Act 16 of 1927.—In section 61B of the principal Act,—** (a) in sub-section (1), the words “any timber, sandalwood, firewood, charcoal or any other notified forest-produce,” shall be deleted; (b) after sub-section (2), the following sub-section shall be added, namely:— “(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1) of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has been used in committing a forest-offence in respect of timber, fire-wood, sandalwood, charcoal or any other notified forest-produce which is the property of the State Government, notwithstanding anything contained in the foregoing provisions, the authorised officer may pass order in accordance with the provisions contained in section 61A: Provided that, no such order shall be made until the expiration of a period of thirty days form the date of seizing such property or without hearing the person claiming any right thereto.”. [Vide Maharashtra Act 21 of 2015, s. 11]. **Substitution of section 61F of Act 16 of 1927.—For section 61F of the principal Act, the following** section shall substituted, namely:— **61F. Property etc. confiscated when to vest in Government.—When an order for confiscation of** any property has been passed under section 61A or section 61C, and the period of limitation provided by section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 1. Subs. by the A.O. 1950, for “Provincial Government”. ----- or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.”. [Vide Maharashtra Act 21 of 2015, s. 12]. **Amendment of section 61G of Act 16 of 1927.—In section 61G of the principal Act, for the word** “offence” the words “forest-offence in respect of such property” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 13]. **62. Punishment for wrongful seizure.—Any Forest-officer or Police-officer who vexatiously and** unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 62 of Act 16 of 1927.—In section 62 of the principal Act, in sub-section (1),** the words “or forfeiture” shall be deleted. [Vide Maharashtra Act 21 of 2015, s. 14]. **63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-** **marks,—Whoever, with intent to cause damage or injury to the public or to any person, or to cause** wrongful gain as defined in the Indian Penal Code (45 of 1860),— (a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the [1][Government] or of some person, or that it may lawfully be cut or removed by some person; or (b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or (c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 63.-For the words, “or with fine”, substitute the words “or with fine which may extend to twenty-five thousand rupees”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **64. Power to arrest without warrant.—(1) Any Forest-officer or Police-officer may, without orders** from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards. (2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station. (3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30. 1. Subs. by the A.O. 1950, for “Crown”. ----- STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 64A.-After section 64, insert the following section, namely: **64A. Offences non-bailable.-Notwithstanding anything contained in this Act or in the Code of** Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **65. Power to release on a bond a person arrested.—Any Forest-officer of a rank not interior to that** of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 65A of Act 16 of 1927.—In section 65A of the principal Act, in clause (b),** for the words, figures, brackets and letters “Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub-section (1)”, the words, figures, brackets and letters “Section 26, clauses (a), (b), (d), (f), (g), (h) and (i) of sub-section (1) and sub-section (4)” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 15]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 65A and 65B.-After section 65, insert the following sections, namely:– **65A. Requisition for police assistance.-Any forest officer may requisition the services of any police** officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the duty of every such officer to comply with such requisition. **65B. Police officers bound to seek technical clearance from Authorized Officer.-Any police** officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **66. Power to prevent commission of offence.—Every Forest-officer and Police-officer shall** prevent, and may interfere for the purpose of preventing, the commission of any forest-offence. **STATE AMENDMENTS** **Maharashtra** **Insertion of new section 66A in Act 16 of 1927.—After section 66 of the principal Act, the** following section shall be inserted, namely:— **66A. Punishment for abetment.—Whoever abets any forest-offence shall, if the offence abetted is** committed in consequence of abetment, be punished with the same punishment as is provided for such offence,”. [Vide Maharashtra Act 21 of 2015, s. 16]. ----- **67. Power to try offences summarily.—The District Magistrate or any Magistrate of the first class** specially empowered in this behalf by the [1][State Government] may try summarily, under the Code of Criminal Procedure, 1898 (5 of 1898), any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 67 of Act 16 of 1927.—In section 67 of the principal Act, for the words “two** thousand rupees” the words “five thousand rupees” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 17]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 67.-For the words “not exceeding six months, or fine not exceeding five hundred rupees”, substitute the words “not exceeding two years or with fine not exceeding twenty five thousand rupees”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **[68. Power to compound offences.—(1) The [1][State Government] may, by notification in the](https://www.manupatrafast.in/ba/fulldisp.aspx?iactid=804&snos=50#A20f1)** 2[Official Gazette], empower a Forest officer— (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property. (3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 68 of Act 16 of 1927. —In section 68 of the principal Act,—** (a) in sub-section (1), — (1) in clause (a), — (i) after the words “other than an offence specified in” the words, brackets and figures “sub-section (4) of section 26 or” shall be inserted; (ii) for the words “payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money,” the words “payment of a sum of money” shall be substituted. (2) in clause (b), for the words “ on payment of, or at his discretion, on acceptance of an undertaking in writing to pay,” the words “on payment of” shall be substituted. (b) in sub-section (2), for the words “payment of, or on acceptance of an undertaking in writing to pay,” the words “payment of,” shall be substituted. 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- (c) in sub-section (3), for the words “five hundred rupees” the words “five thousand rupees” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 18]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 68.-For section 68, substitute the following section, namely:– **68. Power to compound offences.- (1) The Government may, by notification in the Official Gazette,** empower any forest officer not below the rank of Assistant Conservator of Forests (a) to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed: Provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence; and (b) when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause (a) of this subsection, as estimated by such officer. (2) On the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **69. Presumption that forest-produce belongs to [1][Government].** —When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the [1][Government], such produce shall be presumed to be the property of the [1][Government] until the contrary is proved. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 69.-For the words, “contrary is proved”, substitute the words “contrary is proved by the accused”. Section 69-A.-After section 69, insert the following section, namely: **69-A. Double penalties for offences.-The penalties which are double of those mentioned under the** provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTERX CATTLE-TRESPASS **70. Cattle-trespass Act, 1871, to apply.—Cattle trespassing in a reserved forest or in any portion of** a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to 1. Subs. by the A.O. 1950, for “Crown”. ----- [a public plantation within the meaning of section 11 of the Cattle-trespass Act, 1871 (1 of 1871), and may](javascript:fnOpenLinkPopUp('1307','51701');) be seized and impounded as such by any Forest-officer or Police-officer. **71. Power to alter fines fixed under that Act.—The [1][State Government] may, by notification in the** [2[Official Gazette], direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871](javascript:fnOpenLinkPopUp('1307','51702');) (1 of 1871), there shall be levied for each head of cattle impounded under section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:— For each elephant……………………………………………………………......................................... …..ten rupees. For each buffalo or camel……………………………………………………………………………… ….two rupees. For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, or heifer…………………… …. one rupee. For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid……………………………......................... ....eightannas. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 71 of Act 16 of 1927.—In section 71 of the principal Act,—** (a) for the words “ten rupees” the words “Two hundred rupees” shall be substituted; (b) for the words “two rupees” the words “Two hundred rupees” shall be substituted; (c) for the words “one rupees” the words “Two hundred rupees” shall be substituted; (d) for the words “fifty nayepaise” the words “One hundred rupees” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 19]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 71.-For the words “ten rupees”, “two rupees”, “one rupee” and “eight annas”, substitute the words “one thousand rupees”, “two hundred and fifty rupees”, “one hundred rupees” and “fifty rupees” respectively. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTER XI OF FOREST-OFFICERS **72. State Government may invest Forest-officers with certain powers.—(1) The** [1][State Government] may invest any Forest-officer with all or any of the following powers, that is to say:— (a) power to enter upon any land and to survey, demarcate and make a map of the same; (b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- (d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence. (2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 72.-For section 72, substitute the following section, namely; **72. Government of Union territory of Jammu and Kashmir may invest Forest officers with** **certain powers.- (1) The forest officers shall have the following powers, namely:-** (a) power to enter upon any land and to survey, demarcate and make a map of the same. (b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence; and (d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974): Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the rank of a Range Officer: Provided further that the powers under clause (d) shall not be exercised by a forest officer below the rank of a Divisional Forest Officer. (2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the accused person. (3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **73. Forest-officers deemed public servants.—All Forest-officers shall be deemed to be public** servants within the meaning of the Indian Penal Code (45 of 1860). **74. Indemnity for acts done in good faith.—No suit shall lie against any public servant for anything** done by him in good faith under this Act. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 74.-For section 74, substitute the following section, namely: **74. Indemnity for acts done in good faith.—(1) No suit, prosecution or other legal proceedings shall** lie against any public servant for anything done in good faith or omitted to be done likewise, under this Act or the rules or orders made thereunder. (2) No Court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the Government of Union territory of Jammu and Kashmir. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] ----- **75. Forest-officers not to trade.—Except with the permission in writing of the [1][State Government],** no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease or any forest or in any contractfor working any forest, whether in or outside [2][the territories to which this Act extends]. CHAPTER XII SUBSIDIARY RULES **76. Additional powers to make rules.—The [1][State Government] may make rules—** (a) to prescribe and limit the powers and duties of any Forest-officer under this Act; (b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act; (c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and (d) generally, to carry out the provisions of this Act. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 76A.-After section 76, insert the following section, namely: **76A. Power to regulate manufacture and preparation of articles based on forest produce.-(1)** The Government of Union territory of Jammu and Kashmir may make rules,– (a) to provide for the establishment, and regulation by licence, permit or otherwise (and the payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the factories or industries engaged in the consumption of forest produce or manufacture or preparation of the following articles: (i) katha (catechu) or kutch out of khairwood; (ii) rosin, turpentine, other products out of resin, and wood oil; (iii) plywood, veneer and wood-based products; (iv) match boxes and match splints; (v) boxes including packing cases made out of wood; (vi) joinery and furniture items made out of wood; (vii) charcoal, lime stone and gypsum; (viii) such other articles based on forest produce as the Government of Union territory of Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify; (b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof for contravention of any such condition and adjudication of such forfeiture by such authority as the Government of Union territory of Jammu and Kashmir may, by notification, specify. (2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention of any rules made under this section shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or both. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”. ----- **77. Penalties for breach of rules.—Any person contravening any rule under this Act, for the** contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 77.-For the words “extend to one month, or fine which may extend to five hundred rupees”, substitute the words “extend to two years or with fine which may extend to twenty five thousand rupees”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **78. Rules when to have force of law.—All rules made by the [1][State Government] under this Act** shall be published in the [2][Official Gazette], and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein. CHAPTER XIII MISCELLANEOUS **79. Persons bound to assist Forest-officers and Police-officers.—(1) Every person who exercises** any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and every person in any village contiguous to such forest who is employed by the [3][Government], or who receives emoluments from the [3][Government] for services to be performed to the community, shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest-officer or Police officer or not,— (a) to extinguish any forest fire in such forest of which he has knowledge or information; (b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest, and shall assist any Forest-officer or Police-officer demanding his aid— (c) in preventing the commission in such forest of any forest-offence; and (d) when there is reason to believe that any such offence has been committed in such forest in discovering and arresting the offender. (2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails— (a) to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub-section (1); (b) to take steps as required by sub-section (1), to extinguish any forest fire in a reserved or protected forest; (c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest; or (d) to assist any Forest-officer or Police-officer demanding his aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender; 1. Subs. by the A.O. 1950, for “Provincial Government”. 2. Subs. by the A.O. 1937, for “Local Official Gazette”. 3. Subs. by the A.O. 1950, for “Crown”. ----- shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 79.-In sub-section (2), in the long line, for the words “shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees” substitute the words, “shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees”. Section 79A to 79C.-After section 79, insert the following sections, namely: **79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected** **forest.-(1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted** as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this Act, be summarily ejected by order of a forest officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture: Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed. (2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82. (3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned Chief Conservator of Forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against. (4) On receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly. (5) The order passed on the appeal by the Chief Conservator of Forests shall be final. **79B. Summary action by Deputy Commissioner in fire cases.- If in any case under clauses (a) and** (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within which the forest concerned is situated after local enquiry made in a summary and administrative manner, either by himself, or through a Tehsildar deputed by him for the purpose, that any such person or village or other community has neglected to give such information or to render such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well as direct payment of compensation for damage to Government‘s property by, such person, village or other community or such individual member of such village or other community as may be determined in consultation with the Divisional Forest Officer and all fines imposed under this section shall be recoverable as arrears of land revenue. **79C. Appeal against order of Deputy Commissioner.- An appeal against every order passed under** section 79B may be made to the concerned Divisional Commissioner whose decision thereon shall be final. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] ----- **80. Management of forests the joint property of [1][Government] and other persons.—(1) If the** 1[Government] and any person be jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the [2][State Government] may either— (a) undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or (b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein. (2) When the [2][State Government] undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the [3][Official Gazette], declare that any of the provisions contained in Chapters II and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly. **81. Failure to perform service for which a share in produce of** [1][Government] forest is **employed.—If any person be entitled to a share in the produce of any forest which is the property of** 1[Government] or over which the 1[Government] has proprietary rights or to any part of the forestproduce of which the Government is entitled upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the [2][State Government] that such service is no longer so performed: Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the [2][State Government] . **82. Recovery of money due to Government.—All money payable to the Government under this** Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 82 of Act 16 of 1927.—In section 82 of the principal Act, the words and** figures “or on account of compensation or value of property agreed to be paid under section 68” shall be deleted. [Vide Maharashtra Act 21 of 2015, s. 20]. **Orissa** **Amendment of section 82, (16 of 1927).—For section 82 of the Indian Forest Act, 1927 (16 of** 1927), the following section shall be substituted, namely:— “82. All money, other than fines, payable to the State Government under this Act, or any rules made thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of this Act in respect of timber or other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under the authority of a Forest Officer and all compensation awarded to the State Government under this Act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land-revenue.” [Vide the Orissa Act 25 of 1952, s. 2] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 82.-For section 82, substitute the following section, namely:– 1. Subs. by the A.O. 1950, for “Crown”. 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Subs. by the A.O. 1937, for “Local Official Gazette”. ----- **82. Recovery of money due to Government.– All money payable to the Government under this Act** or under any rule made under this Act, or on account of the price of timber, or other forest produce, or of expenses incurred in execution of this Act in respect of timber and other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under authority of a forest officer and all compensation awarded to the Government under this Act shall, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 82-A to 82-H.-After section 82, insert the following sections, namely: **82-A. Recovery of penalties due under a bond.-When in respect of any forest lease any person binds** himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servant and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof shall notwithstanding anything in section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land revenue. **82-B. Restoration of advantage or benefit or payment of compensation.–Notwithstanding anything** contained in this Act or in the Indian Contract Act, 1872, or in any other law for the time being in force,– (a) where any transaction or lease relating to sale of forest produce or extraction of timber from any forest is or is discovered to be void only on the ground that the transaction or lease is not in conformity with the provisions of article 299 of the Constitution of India or any order or direction issued thereunder, any person who has received any advantage or has enjoyed any benefit by virtue of such transaction or lease shall be bound to restore it or to make compensation for it, to the person or party from whom he received it; (b) the extent of any advantage or benefit or the amount of compensation payable in lieu thereof, referred to in clause (a), shall be determined in accordance with the provisions of this Act and the value of the advantage or benefit or the amount of compensation so determined shall be recoverable as arrears of land revenue. **82-C. Constitution of Authority.–For the purposes of determining the extent of advantage or benefit** or the value thereof or the amount of compensation under section 82-B, the Government of Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, constitute, as and when necessary, an Authority consisting of one or more members having such qualification and experience and on such terms and conditions as may be prescribed and where the Authority consists of more than one member, one of them may be appointed as Chairperson thereof. **82-D. Powers of the Authority.-(1) The Authority shall, for purposes of holding inquiry for** determining the extent of advantage or benefit or value thereof or the amount of compensation, as the case may be, under section 82-B, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:– (a) summoning and enforcing the attendance of any person or witness and examining him on oath or solemn affirmation; (b) requiring the discovery or production of any document relating to the subject matter of inquiry; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof relating to the subject matter of inquiry from any court or office; and ----- (e) issuing commissions for examination of witnesses, documents or other books of accounts relating to the subject matter of inquiry. (2) The Authority shall also have power to issue a commission to such person as it considers fit for local investigation which may be requisite or proper for the purpose of elucidating any matter which is the subject matter of inquiry or of ascertaining the market value of any property. (3) The person directed to execute a commission for any purpose under this section shall have all the powers of a commissioner appointed by a Civil Court in pursuance of the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (4) The Authority shall have the power to pass such orders as it thinks fit for the seizure, attachment, management, preservation, interim custody or sale of any forest produce or timber (wherever it may be in the State) which may be the subject matter of proceedings before it including the appointment of a receiver for any of the aforesaid purposes. **82-E. Restriction on alienation.–(1) Notwithstanding anything contained in any law for the time** being in force,– (a) where at any stage of the inquiry, the Authority is satisfied by affidavit or otherwise that a person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any transaction or lease referred to in section 82-B, is likely to alienate his movable or immovable property with intent to evade payment or to defeat the recovery, of the advantage or benefit or the value thereof or the amount of compensation, that may be determined by him, it may by order in writing direct that such person shall not alienate his movable and immovable property or such portion thereof, as it may specify in the order, during the pendency of the inquiry; (b) any alienation of property made in contravention of any order or direction issued under clause (a) shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. **_Explanation.–For the purposes of this section “alienation” includes mortgage, sale, gift, bequest,_** benami transaction, family settlement or any other mode of transfer of any right, title or interest in the property. (2) For removal of doubts it is hereby declared that restrictions imposed under this section on the rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable restrictions. **82-F. Procedure to be followed by the Authority.-(1) The Authority shall, subject to any rules made** by the Government of Union territory of Jammu and Kashmir in this behalf, have power to regulate its own procedure in all matters arising out of or connected with the discharge of its functions, in consonance with the principles of natural justice. (2) The parties shall have a right of being represented by counsel. **82-G. Appeal.–(1) Any person aggrieved by a final order of the Authority, determining the extent of** advantage or benefit or value thereof or the amount of compensation under section 82-B, may, within thirty days of the date of the order, file an appeal against such order before the High Court and every such appeal shall be heard by a Division Bench of the High Court. (2) No other order of the Authority shall be appealable. (3) The order of the Authority shall, subject to the decision of the High Court under sub-section (1) in appeal, be final and shall be deemed to be a certificate within the meaning of section 90 of the Jammu and Kashmir Land Revenue Act, 1996. (4) No further appeal shall lie against the decision of the High Court. **82-H. Exclusion of jurisdiction of Civil Court.-** No Civil Court shall have jurisdiction to entertain any suit or other proceeding in respect of any matter which the Authority has taken cognizance of under section 82-B. ----- [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **83. Lien on forest-produce for such money.—(1) When any such money is payable for or in respect** of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest-officer until such amount has been paid. (2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount. (3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to [Government]. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 83A. – After section 83, insert the following section, namely:– **83A. Restriction on alienation.–(1) Notwithstanding anything contained in the Transfer of Property** Act 1882, or in any other law for the time being in force, no property offered by a forest lessee or by any other person on behalf of a forest lessee, as security for payment of royalty, interest, compensation, penalty or any other amount chargeable from the forest lessee, under any lease deed, bond or instrument shall be alienated without the previous permission of the Government of Union Territory of Jammu and Kashmir, till such time as the Chief Conservator of Forests certifies that such forest lessee has duly performed all the obligations devolving upon him under such lease deed, bond or instrument. (2) Any alienation of property made in contravention of sub-section (1) shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. (3) Any amount of royalty, interest, compensation or penalty or any other sum falling due from a forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue in accordance with the law for the time being in force, from the property offered by him or on his behalf as security and from any other movable or immovable property owned by the forest lessee. **_Explanation.– For the purposes of this section,_** (a) “alienation” includes sale, gift, exchange, bequest, mortgage, benami transaction, family settlement or any other mode of transfer of any right, title or interest therein or creation of any encumbrance threreon; (b) the expression “forest lessee” shall be construed to mean a person in whose favour a right to convert and remove forest produce from any forest has been granted under any lease deed, bond or instrument. (4) For removal of doubts it is hereby declared that restriction imposed under this section on the rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable restrictions. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **84. Land required under this Act to be deemed to be needed for a public purpose under the** **Land Acquisition Act, 1894.—Whenever it appears to the State Government that any land is required for** any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894). STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 84A.-After section 84, insert the following section, namely:**84A. Application of the Act to land.- The Government may, by notification in the Official Gazette,** declare that any of the provisions of this Act shall apply to any land which is the property of the Government of the Union territory of Jammu and Kashmir or the Central Government, and thereupon such provisions shall apply to such land accordingly. ----- [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **85. Recovery of penalties due under bond.—When any person, in accordance with any provision of** this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land-revenue. 1 [85A. Saving for rights of Central Government.—Nothing in this Act shall authorise a Government of any State to make any order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.] **86. [Repeals].—Rep. by the Repealing and Amending Act, 1948 (2 of 1948), s. 2 and the Schedule.** _THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and the Schedule, ibid._ 1. Subs. by the A.O. 1950, for section 85A.Earlier it was inserted by the A.O. 1937. -----

1-Apr-1989

1908

The Indian Port Act, 1908

https://www.indiacode.nic.in/bitstream/123456789/19314/1/indian_ports_act.pdf

Andaman and Nicobar Islands

SECTIONS 1. Title and extent. 2. Savings. 3. Definitions. # THE INDIAN PORTS ACT, 1908[1] __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY CHAPTER II POWERS OF THE GOVERNMENT 4. Power to extend or withdraw the Act or certain portions thereof. 5. Alteration of limits of ports. 6. Power to make port-rules. CHAPTER III PORT-OFFICIALS AND THEIR POWERS AND DUTIES 7. Appointment of conservator. 8. Power of conservator to give and enforce directions for certain specified purposes. 9. Power to cut warps and ropes. 10. Removal of obstructions within limits of port. 11. Recovery of expenses of removal. 12. Removal of lawful obstructions. 13. Fouling of Government moorings. 14. Raising or removal of wreck impeding navigation within limits of port. 15. Power to board vessels and enter buildings. 16. Power to require crews to prevent or extinguish fire. 17. Appointment and powers of health-officer. 18. Indemnity of Government against act or default of port-official or pilot. CHAPTER IV RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS _General Rules_ 19. Injuring buoys, beacons and moorings. 20. Wilfully loosening vessel from moorings. 21. Improperly discharging ballast. 22. Graving vessel within prohibited limits. 23. Boiling pitch on board vessel within prohibited limits. **1. Subject to verification and confirmation by the Department.** 1 ----- SECTIONS 24. Drawing spirits by unprotected artificial light. 25. Warping. 26. Leaving out warp or hawser after sunset. 27. Discharge of fire-arms in port. 28. Penalty on master omitting to take order to extinguish fire. 29. Unauthorised person not to search for lost stores. 30. Removing stones or injuring shores of port prohibited. _Special Rules_ 31. Moving of vessels without pilot or permission of harbour-master. 32. Provision of certain vessels with fire-extinguishing apparatus. CHAPTER V PORT-DUES, FEES AND OTHER CHARGES 33. Levy of port-dues. 34. Variation of port-dues by Government. 35. Fees for pilotage and certain other services. 36. Receipt, expenditure and account of port-charges. 37. Grouping of ports. 38. Receipts for port-charges. 39. Master to report arrival. 40. Conservator may in certain cases ascertain draught and charge expense to master. 41. Ascertainment of tonnage of vessel liable to port-dues. 42. Distraint and sale on refusal to pay port-charges. 43. No port-clearance to be granted until port-charges are paid. 44. Port-charges payable in one port recoverable at any other port. 45. Penalty for evading payment of port-charges. 46. Port-due on vessels in ballast. 47. Port-due on vessels not discharging or taking in cargo. 48. Port-due not to be chargeable in certain cases. 49. Power to impose hospital port-dues. 50. Application and account of hospital port-dues. CHAPTER VI HOISTING SIGNALS 51. Master to hoist number of vessel. 52. Pilot to require master to hoist number. 53. Penalty on pilot disobeying provisions of this Chapter. CHAPTER VII PROVISIONS WITH RESPECT TO PENALTIES 54. Penalty for disobedience to rules and orders of the Government. 55. Offences how triable, and penalties how recovered. 2 ----- SECTIONS 56. Costs of conviction. 57. Ascertainment and recovery of expenses and damages payable under this Act. 58. Costs of distress. 59. Magistrate to determine the amount to be levied in case of dispute. 60. Jurisdiction over offences beyond local limits of jurisdiction. 61. Conviction to be quashed oil merits only. CHAPTER VIII SUPPLEMENTAL PROVISIONS 62. Hoisting unlawful colours in port. 63. Foreign deserters. 64. Application of sections 10 and 21. 65. Grant of sites for sailors‟ institutes. 66. Exercise of powers of conservator by his assistants. 67. Service of written notices of directions. 68. Publication of orders of Government. 68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of port. 68B. Duties of the said authorities in an emergency. 68C. Application of certain provisions of the Act to aircraft. 68D. Maritime seruity. 69.[Repealed.]. THE FIRST SCHEDULE.—PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY OF PAYMENT. THE SECOND SCHEDULE.—[Repealed.]. 3 ----- # THE INDIAN PORTS ACT, 1908[1] ACT NO. 15 OF 1908 An Act to consolidate the enactments relating to ports and port-charges. [18th December, 1908.] WHEREAS it is expedient to consolidate the enactments relating to ports and port-charges; It is hereby enacted as follows:— CHAPTER PRELIMINARY **1. Title and extent.—(1) This Act may be called the Indian Ports Act, 1908.** (2) It shall extend, save as otherwise appears from its subject or context,— (a) to the ports mentioned in the first schedule, and to such parts of the navigable rivers and channels leading to such ports respectively as have been declared to be subject to Act XXII of 1855 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875 (12 of 1875), or to the Indian Ports Act, 1889 (10 of 1889); (b) to the other ports or parts of navigable rivers or channels to which the 2[Government], in exercise of the power hereinafter conferred, extends this Act. (3) But nothing in section 31 or section 32 shall apply to any port, river or channel to which the section has not been specially extended by the [2][Government]. **2. Savings.—Nothing in this Act shall—** (i) apply to any vessel belonging to, or in the service of, [3][the Central Government or a State Government] [4]*** or to any vessel of war belonging to any Foreign Prince or State, or (ii) deprive any person of any right of property or other private right, except as hereinafter expressly provided, or (iii) affect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto. **3. Definitions.—In this Act, unless there is anything repugnant in the subject or** context, — 5[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973 (2 of 1974);] (2) “master”, when used in relation to any vessel [6][or any aircraft making use of any port], means, subject to the provisions of any other enactment for the time being in force, any person (except a pilot or harbour-master [6][of the port]) having for the time being the charge or control of the vessel [6][or the aircraft, as the case may be]; 1. For Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 359; and for Proceedings in Council, see Gazette of India, 1908, Pt. VI, pp. 146, 154 and 182. This Act has been supplemented in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch. This Act has been amended in Andhra Pradesh by A.P. Act 18 of 1968, in Pondicherry by Pondy. Act 10 of 1969 and Tamil Nadu by T.N. Act 19 of 1975. This Act has been extended to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I, to the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Sch., and Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. 2. Subs. by the A.O. 1937, for “Local Government”. 3. Subs. by the A.O. 1950, for “His Majesty”. 4. The words “or the Government of India” omitted by the A.O. 1937. 5. Subs. by Act 15 of 1997, s. 2, for clause (1) (w.e.f. 9-1-1997). 6. Ins. by Act 35 of 1951, s. 188. 4 ----- (3) “pilot” means a person for the time being authorised by the [1][Government] to pilot vessels; (4) “port” includes also any part of a river or channel in which this Act is for the time being in force; (5) “port officer” is synonymous with master-attendant; 2[(6) “ton” means a ton as determined or determinable by the rules made under section 74 of the Merchant Shipping Act, 1958 (44 of 1958), for regulating the measurement of the gross tonnage of ships;] (7) “vessel” includes anything made for the conveyance [3][mainly] by water of human beings or of property; 4[(8) “major port” means any port which the Central Government may by notification in in the Official Gazette declare, or may under any law for the time being in force ha ve declared, to be a major port; [5][and] (9) “Government”, as respects major ports, for all purposes, and, as respects other ports, for the purposes of making rules under clause (p) of section 6 (1) and of the appointment and control of port health-officers under section 17, means the Central Government, and save as aforesaid, means the State Government.] 6* - - - CHAPTER II POWERS OF THE [1][GOVERNMENT] **4. Power to extend or withdraw the Act or certain portions thereof.—(1) [7]*** The [1][Government]** 1[Government] may, by notification in the Official Gazette,— (a) extend this Act to any port [8] in which this Act is not in force or to any part of any navigable river or channel which leads to a port and in which this Act is not in force; (b) specially extend the provisions of section 31 or section 32 to any port to which they have not been so extended; (c) withdraw this Act or section 31 or section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water-mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yards of high-water-mark. (4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinary spring tides at any season of the year. **5. Alteration of limits of ports.—(1) The** [1][Government] may, [9]*** subject to any rights of private property, alter the limits of any port in which this Act is in force. 1. Subs. by the A.O. 1937, for “Local Government”[.] 2. Subs. by Act 23 of 1992, s. 2, for clause (6) (w.e.f. 24-01-1994). 3. Ins. by Act 35 of 1951, s. 188. 4. Added by the A.O. 1937. 5. Ins. by Act 23 of 1992, s. 2 (w.e.f. 23-1-1994). 6. Clause (10) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 7. The words “with the previous sanction of the Governor General in Council” omitted by Act 6 of 1916, s. 2. 8. Extended to the port of MORMUGAO vide G.S.R. 1831, dated 16-11-1963. 9. The words “with the previous sanction of the Governor General in Council and” omitted by Act 6 of 1916, s. 3. 5 ----- 1[Explanation.—For the removal of doubts, it is hereby declared that the power coffered on the Government by this sub-section includes the power to alter the limits of any port by uniting with that port any other port or any part of any other port.] (2) When the [2][Government] alters the limits of a port under sub-section (1), it shall declare or describe, by notification in the Official Gazette, and by such other means, if any, as it thinks fit, the precise extent of such limits. **6. Power to make port-rules.— (1) The** [2][Government] may, in addition to any rules which it may make under any other enactment for the time being in force, make such rules, consistent with this Act, as it thinks necessary for any of the following purposes, namely: — (a) for regulating the time and hours at and during which, the speed at which, and the manner and conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this Act; (b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port; (c) for striking the yards and top masts, and for rigging-in the booms and yards, of vessels in any such port, and for swinging or taking-in davits, boats and other things projecting from such vessels; (d) for the removal or proper hanging or placing of anchors, spars and other things being in or attached to vessels in any such port: (e) for regulating vessels whilst taking-in or discharging passengers, ballast or cargo, or any particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so engaged; 3[(ee) for regulating the manner in which oil or water mixed with oil shall be discharged in any such port and for the disposal of the same;] 4[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description description of barges, pipe lines or tank vehicles to be employed in such bunkering;] (f) for keeping free passages of such width as may be deemed necessary within any such port, and along or near to the piers, jetties, landing-places, wharves, (pays, docks, moorings and other works in or adjoining to the same, and for marking out the spaces so to be kept free; (g) for regulating the anchoring, fastening, mooring and unmooring of vessels in any such port; (h) for regulating the moving and warping of all vessels within any such port and the use of warps therein; (i) for regulating the use of the mooring buoys, chains and other moorings in any such port; (j) for fixing the rates to be paid [5][in a port other than a major port] for the use of such moorings when belonging to the [6] [Government], or of any boat, hawser or other thing belonging to the 2[Government]; 7 [(jj) for regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the Government; (jja) for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the Government;] 1. Ins. by Act 17 of 1978, s. 2. 2. Subs. by the A.O. 1937, for “Local Government”. 3. Ins. by Act 39 of 1923, s. 2. 4. Ins. by Act 9 of 1925, s. 2. 5. Ins. by Act 15 of 1997, s. 3 (w.e.f. 9-1-1997). 6. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Government”. 7. Subs. by Act 15 of 1997, s. 3, for clause (jj) (w.e.f. 9-1-1997). 6 ----- 1[(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying, whether for hire or not, and whether regularly or only occasionally, in or partly within and partly without any such port, and for licensing and regulating the crews of any such vessels; and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and the conditions under which such vessels shall be compelled to ply for hire, and further for the conditions under which any licence may be revoked; (kk) for providing for the fees payable in respect of the services specified in clause (k) for any port, other than a major port;] (l) for regulating the use of fires and lights within any such port; (m) for enforcing and regultaing the use of signals or signal-lights by vessels by day or by night in any such port; (n) for regulating the number of the crew which must be on board any vessel afloat within the limits of any such port; (o) for regulating the employment of persons engaged in cleaning or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port; 2[(p) _3*** for the prevention of danger arising to the public health by the introduction and the_ spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and for the prevention of the conveyance of infection or contagion by means of any vessel sailing from any such port, and in particular and without prejudice to the generality of this provision, for— (i) the signals to be hoisted and the places of anchorage to be taken up by such vessels having any case, or suspected case, of any infectious or contagious disease on board, or arriving at such port from a port in which, or in the neighbourhood of which, there is believed to be, or to have been at the time when the vessel left such port, any infectious or contagious disease; (ii) the medical inspection of such vessels and of persons on board such vessels; (iii) the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels; (iv) the detention of such vessels and of persons on board such vessels; (v) the duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels; (vi) the removal to hospital or other place approved by the health-officer and the detention therein of any person from any such vessel who is suffering or suspected to be suffering from any such disease; (vii) the cleansing, ventilation and disinfection of such vessels or any part thereof and of any articles therein likely to retain infection or contagion, and the destruction of rats or other vermin in such vessels; (viii) the disposal of the dead on such vessels; and] (q) for securing the protection from heat of the officers and crew of vessels in any such port by requiring the owner or master of any such vessel— (i) to provide curtains and double awnings for screening from the sun‟s rays such portions of the deck as are occupied by, or are situated immediately above, the quarters of the officers and crew; 1. Subs. by Act 15 of 1997, s. 3, for clause (k) (w.e.f. 9-1-1997). 2. Subs. by Act 4 of 1911, s. 2, for clause (p). 3. Certain words omitted by the A.O. 1937. 7 ----- (ii) to erect windsails so far as the existing portholes or apertures in the deck admit of their being used for ventilating the quarters of the officers and. crew; (iii) when the deck is made of iron and not wood-sheathed, to cover with wooden planks or other suitable non-conducting material such portions of the deck as are situated immediately above the quarters of the officers and crew; (iv) when the quarters used by the crew and the galley are separated by an iron bulk-head only, to furnish a temporary screen of some suitable non-conducting material between such quarters and the galley. 1* - - - (2) The power to make rules under sub-section (1) [2]*** is subject to the condition of the rules being made after previous publication: Provided that nothing in this sub-section shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889 (10 of 1889) and continued by section 2, sub-section (2), of that Act. 3[(2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) If any person disobeys any rule made under clause (p) of sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees. (4) If a master fails wholly or in part to do any act prescribed by any rule made under clause (p) of sub-section (1), the health-officer shall cause such act to be done, and the reasonable expenses incurred in doing such act shall be recoverable by him from such master. CHAPTER III PORT-OFFICIALS AND THEIR POWERS AND DUTIES **7. Appointment of conservator.—(1) The [4][Government] shall appoint some officer or body of** persons to be conservator of every port subject to this Act. (2) Subject to any direction by the [4][Government] to the contrary,— (a) in ports where there is a port-officer, the port-officer shall be the conservator; (b) in ports where there is no port-officer, but where there is a harbour-master, the harbour-master shall be the conservator. (3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be subordinate to, and subject to the control of, the conservator. (4) The conservator shall be subject to the control of the [5] [Government], or of any intermediate authority which [6][the Government] may appoint. 1. Sub-section (1A) omitted by Act 26 of 1938, s. 8.Earlier inserted by Act 15 of 1922, s. 2 2. The words, brackets, figure and letter “and sub-section (IA)”, ins. by Act 15 of 1922, s. 2, omitted by s. 8, ibid. 3. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984). 4. Subs. by the A.O. 1937, for “Local Government”. 5. Subs., ibid., for “that Government”. 8 ----- **8. Power of conservator to give and enforce directions for certain specified** **purposes.—(1) The conservator of any port subject to this Act may, with** respect to any vessel within the port, give directions for carrying into effect any rule for the time being in force therein under section 6. (2) If any persons wilfully and without lawful excuse refuses or neglects to obey any lawful direction of the conservator, after notice thereof has been given to him, he shall, for every such offence, be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which, after such notice as aforesaid, he is proved to have wilfully and without lawful excuse continued to disobey the direction. (3) In case of such refusal or neglect, the conservator may do, or cause to be done, all acts necessary for the purpose of carrying the direction into execution, and may hire and employ proper persons for that purpose, and all reasonable expenses incurred in doing such acts shall be recoverable by him from the person so refusing or neglecting to obey the direction. **9. Power to cut warps and ropes.—The conservator of any such port may, in case of urgent** necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any vessel in the port or at or near to the entrance thereof. **10. Removal of obstructions within limits of port.—(1)** The conservator may remove, or cause to be removed, any timber, raft or other thing, floating or being in any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing-place, wharf, quary, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment, or causes any public nuisance affecting or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees. (3) The conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated. **11. Recovery of expenses of removal.—If the owner of any such timber, raft or other thing,** or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the [1][Government] by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction; and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same; and, if no such person appears, shall cause the same to be kept and deposited in such manner as the 1[Government] directs; and may, if necessary, from time to time, realise the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold. **12. Removal of lawful obstructions.—(1) If any obstruction or impediment to the navigation of any** port subject to this Act has been lawfully made, or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information 1. Subs. by the A.O. 1937, for “Local Government”. 9 ----- of the [1][Government], and shall, with the sanction of [2][the Government], cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. **13. Fouling of Government moorings.—(1) If any vessel hooks or gets foul of any of the** buoys or moorings laid down by or by the authority of the [1][Government] in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator; and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel; and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same. (2) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees. **14.** **Raising** **or** **removal** **or** **wreck** **impeding** **navigation** **within** **limits** **of** **port.—** [3][(1) If any vessel is wrecked, stranded or sunk in any port in such a manner as to impede or likely to impede any navigation thereof, the conservator shall give notice to the owner of the vessel to raise, remove or destroy the vessel within such period as may be specified in the notice and to furnish such adequate security to the satisfaction of the conservator to ensure that the vessel shall be raised, removed or destroyed within the said period: Provided that the conservator may extend such period to such further period as he may consider necessary having regard to the circumstances of such case and the extent of its impediment to navigation. (1A) Where the owner of any vessel to whom a notice has been issued under sub-section (1) fails to raise, remove or destroy such vessel within the period specified in the notice or the extended period or fails to furnish the security required of him, the conservator may cause the vessel to be raised, removed or destroyed. (1B) Notwithstanding anything contained in the foregoing sub-sections, if the conservator is of the opinion that any vessel which is wrecked, stranded or sunk in any port is required to be immediately raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without giving any notice under sub-section (1), cause the vessel to be raised, removed or destroyed.] (2) If any property recovered by a conservator acting [4] [under sub-section (1A) or sub-section (1B)] is unclaimed or the person claiming it fails to pay the reasonable expenses incurred by the conservator under that sub-section and a further sum of twenty per cent. of the amount of such expenses, the conservator may sell the property by public auction, if the property is of a perishable nature, forthwith, and, if it is not of a perishable nat ure, at any time not less than [5][thirty days] after the recovery thereof. (3) The expenses and further sum aforesaid shall be payable to the conservator out of the sale-proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment, without interest, to any person thereafter establishing his right thereto: Provided that the person makes his claim within three years from the date of the sale. 1. Subs. by the A.O. 1937, for “Local Government”. 2. Subs., ibid ., for “that Government”. 3. Subs. by Act 23 of 1992, s. 3, for sub-section (1) (w.e.f. 12-8-1992). 4. Subs. by s. 3, ibid., for “under sub-section (1)” (w.e.f. 12-8-1992). 5. Subs. by s. 3, ibid., for “two months” (w.e.f. 12-8-1992). 10 ----- 1[(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the conservator on demand, and if the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in sub-section (2) of section 57 for recovery of expenses and damages or in any other manner according as the deficiency does not or does exceed one thousand rupees.] **15. Power to board vessels and enter buildings.—(1) The conservator or any** of his assistants may, whenever he suspects that any offence against this Act has been, or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, and the person appointed under this Act to receive any port dues, fees or other charges payable in respect of any vessel, may, whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, either alone or with any other person, board any vessel, or enter any building or place, within the limits of any port subject to this Act. (2) If the master of the vessel, or any person in possession or occupation of the building or place, without lawful excuse, refuses to allow any such person as is mentioned in sub-section (1) to board or enter such vessel, building or place in the performance of any duty imposed upon him by this Act, he shall for every such offence be punishable with fine which may extend to two hundred rupees. **16. Power to require crews to prevent or extinguish fire.—(1)** For the purpose of preventing or extinguishing fire in any port subject to this Act, the conservator or port-officer may require the master of any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths, of the crew then under the order of such master. (2) Any master refusing or neglecting to comply with such requisition shall be punishable with fine which may extend to five hundred rupees, and any seaman then under his orders who, after being directed by the master to obey the orders of the conservator or port-officer for the purpose aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to twenty-five rupees. **17. Appointment and powers of health-officer.—(1)** The [2][Government] may appoint at any port subject to this Act an officer to be called the health-officer. (2) A health-officer shall, subject to the control of the [2][Government], have the following powers, within the limits of the port for which he is appointed, namely:— (a) with respect to any vessel, the powers conferred on a shipping-master by the Indian Merchant Shipping Act, 1859[3] (1 of 1859), section 71; (b) power to enter on board any vessel and medically examine all or any of the seamen or apprentices on board the vessel; (c) power to require and enforce the production of the log-book and any other books, papers or documents which he thinks necessary for the purpose of enquiring into the health and medical condition of the persons on board the vessel; (d) power to call before him and question for any such purpose all or any of those persons and to require true answers to any questions which he thinks fit to ask; (e) power to require any person so questioned to make and subscribe a declaration of the truth of the statements made by him. **18. Indemnity of Government against act or default of port-official or pilot.—The Government** shall not be responsible for any act or default of any conservator, port-officer or harbour-master, of any 1. Ins. by Act 55 of 1952, s. 2. 2. Subs. by the A.O. 1937, for “Local Government”. 3. See now the Merchant Shipping Act, 1958 (44 of 1958). 11 ----- port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Government which may be used by the vessel: Provided that nothing in this section shall protect [1][the Government] from a suit in respect of any act done by or under the express order or sanction of the Government. CHAPTER IV RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS _General Rules_ **19. Injuring buoys, beacons and moorings.—(1) No person shall, without lawful excuse, lift, injure,** loosen or set adrift any buoy, beacon or mooring fixed or laid down by, or by the authority of, the 2[Government], in any port subject to this Act. (2) If any person offends against the provisions of this section, he shall for every such offence be laible, in addition to the payment of the amount of damage done, to fine which may extend to two thousand rupees, or to imprisonment for a term which may extend to two years. **20. Wilfully loosening vessel from moorings.—If any person wilfully and without lawful excuse** loosens or removes from her moorings any vessel within any such port without leave or authority from the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months. **21. Improperly discharging ballast.—(1) No ballast or rubbish, and no other thing likely to form a** bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any such port or into or upon any place on shore from which the same is liable to be washed into any such port, either by ordinary or high tides, or by storms or land-floods [3][and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under clause (ee) of sub-section (1) of section 6 apply, otherwise than in accordance with such rules]. (2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing [3][or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast, [4][thrown or discharged], shall be punishable with fine which may extend to [5][five lakh rupees], and shall pay any reasonable expenses which may be incurred in removing the same. (3) If, after receiving notice from the conservator of the port to desist from so casting or throwing any ballast or rubbish or such other thing [3][or from so discharging any oil or water mixed with oil], any master continues so to cast, [6][throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to [7][one year and to fine which may extend to five lakh rupees]. (4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into [8][or the oil or water mixed with oil is discharged in or into] any such port with the consent in writing of the conservator, or within any limits within which such act may be authorised by the 2[Government]. **22. Graving vessel within prohibited limits.—If** any person graves, breams or smokes any vessel in any such port, contrary to the directions of the conservator, or at any time or within any limits at or 1. The words “the Secretary of State for India in Council” successively subs. by the A.O. 1937 and the A.O. 1950, to read as above. 2. Subs. by the A.O. 1937, for “Local Government. 3. Ins. by Act 39 of 1923, s. 3. 4. Subs. by s. 3, ibid., for “or thrown”. 5. Subs. by Act 23 of 1992, s. 4, for “five hundred rupees” (w.e.f. 12-8-1992). 6. Subs. by Act 39 of 1923, s. 3, for “or throw it”. 7. Subs. by Act 23 of 1992, s. 4, for “two months” (w.e.f. 12-8-1992). 8. Ins. by Act 39 of 1923, s. 3. 12 ----- within which such act is prohibited by the [1][Government], he and the master of the vessel shall for every such offence be punishable with fine which may extend to five hundred rupees each. **23. Boiling pitch on board vessel within prohibited limits.—If any person boils or heats** any pitch, tar, resin, dammer, turpentine, oil, or other such combustible matter on board any vessel within any such port, or at any place within its limits where such act is prohibited by the [1][Government], or contrary to the directions of the conservator, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each. **24. Drawing spirits by unprotected artificial light.—If any person, by an unprotected** artificial light, draws off spirits on board any vessel within any port subject to this Act, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each. **25. Warping.—(1) Every** master of a vessel in any port subject to this Act shall, when required so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required so to do. (2) A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees. **26. Leaving out warp or hawser after sunset.—(1)** A master of a vessel shall not cause or suffer any warp or hawser attached to his vessel to be left out in any port subject to this Act after sunset in such a manner as to endanger the safety of any other vessel navigating in the port. (2) A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees. **27. Discharge of fire-arms in port.—If any person, without lawful excuse, discharges any firearm** in any port subject to this Act, or on or from any pier, landing place, warp or quay thereof, except a gun loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the [1][Government], he shall for every such offence be punishable with fine which may extend to fifty rupees. **28. Penalty on master omitting to take order to extinguish fire.—If the master of any vessel in** which fire takes place while lying in any such port wilfully omits to take order to extinguish the fire or obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or port-officer, in extinguishing or attempting to extinguish the fire, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both. **29. Unauthorised person not to search for lost stores.—(1)** No person, without the permission of the conservator, shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein. (2) If any person offends against the provisions of sub-section (1), he shall be punishable with fine which may extend to one hundred rupees. **30. Removing stones or injuring shores of port prohibited.—(1) No** person without the permission of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle, gravel, sand or soil or any artificial protection from any part of the bank or shore of the port; and no person shall sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing, or do any other thing which is likely to injure or to be used so as to injure such bank or shore, except with the permission of the conservator, and with the aid or under the inspection of such person, if any, as the conservator may appoint to take part in or overlook the performance of such work. 1. Subs. by the A.O. 1937, for “Local Government”. 13 ----- (2) If any person offends against sub-section (1), he shall for every such offence be punishable with fine which may extend to one hundred rupees and shall pay any reasonable expenses which may be incurred in repairing any injury done by him to the bank or shore. _Special Rules_ **31. Moving of vessels without pilot or permission of harbour-master.—(1)** No vessel of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board; 1[and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority. 2[Provided that the 3[Government] may, by notification in the Official Gazette, direct that in any port specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified.] 4[(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by that sub-section required to have a pilot, harbour-master or assistant of the port-officer or harbourmaster on board, shall be answerable for- any loss or damage caused by the vessel or by any fault of the navigation of the vessel, in the same manner as he would have been if he had not been so required by that sub-section: Provided that the provisions of this sub-section shall not take effect till the first day of January, 1918, or such earlier date as the Central Government may notify in that behalf in the Official Gazette.] 5[(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of sub-section (1), the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees, unless upon application to the proper officer the master was unable to procure a pilot, harbour-master or assistant of the port-officer or harbour-master to go on board the vessel. 6* - - - **32. Provision of certain vessels with fire extinguishing apparatus.—(1)** Every vessel exceeding the measurement of two hundred tons and lying in any port to which this section has been specially extended shall be provided with a proper force pump and hose and appurtenances, for the purpose of extinguishing any fire which may occur on board. (2) The master of such a vessel who, having been required by the conservator to comply with the provisions of sub-section (1), neglects or rufuses, without lawful excuse, so to do for the space of seven days after such requisition, shall be punishable with fine which may extend to five hundred rupees. 1. Subs. by Act 55 of 1952, s. 3, for certain words. 2. Ins. by Act 36 of 1925, s. 2. 3. Subs. by the A.O. 1937, for “Governor-General in Council”. 4. Ins. by Act 6 of 1916, s. 5. 5. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by s. 5, ibid. 6. Sub-sections (4) and (5), as re-numbered by Act 6 of 1916, s. 5, omitted by Act 36 of 1925, s. 2. 14 ----- CHAPTER V PORT-DUES, FEES AND OTHER CHARGES **33. Levy of port-dues.—(1)** [1][Subject to the, provisions of sub-section (2)], in each of the ports mentioned in the first schedule [2][other than a major port] such port-due, not exceeding the amount specified for the port in the third column of the schedule as the _[3][Government], directs,_ shall be levied on vessels entering the port and described in the second column of the schedule, but not oftener than the time fixed for the port in the fourth column of the schedule. 1[(2) The 3[Government] may, by notification in the Official Gazette, alter or add to any entry in the first schedule relating to ports [4][in [5][any State] or, as the case may be, in the State], State], and this power shall include the power to regroup any such ports: 6* - - - 7[(3)] Whenever the 1[Government], 8*** declares any other port 2[other than a major port] to be to be subject to this Act, it may, [9] *** by the same or any subsequent declaration, further declare,— (a) in the terms of any of the entries in the second column of the first schedule the vessels which are to be chargeable with port-dues on entering the port, (b) the highest rates at which such dues may be levied in respect of vessels chargeable therewith, and (c) the times at which such vessels are to be so chargeable. 10* - - - 7[(4)] All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section. 7[(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of [11][thirty days] from the day on which the order was published in the Official Gazette. 12[34. Variation of port dues by Government.—The Government may after consulting,— (a) in case of ports other than major ports, the authority appointed under section 36; (b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963 (38 of 1963), exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues: Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.] 1. Ins. by Act 6 of 1916, s. 6. 2. Ins. by Act 15 by 1997, s. 4 (w.e.f. 9-1-1997). 3. Subs. by the A.O. 1937, for “Local Government.” 4. subs., ibid., for “within its own province.” 5. The words “British India” successively subs. by the A.O. 1941; and the A.O. 1950 to read as above. 6. Proviso omitted by the A.O. 1937. 7. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of 1916, s. 6. 8. Certain words omitted by Act 6 of 1916, s. 6. 9. The words “with the like sanction” omitted by s. 6, ibid. 10. The proviso ins. by s. 6, ibid. Earlier omitted by the A.O. 1937. 11. Subs. by Act 23 of 1992, s. 5, for “sixty days” (w.e.f. 12-8-1992). 12. Subs. by Act 15 of 1997, s. 5, for s. 34 (w.e.f. 9-1-1997). 15 ----- **35. Fees for pilotage and certain other services.—(1)** Within any port subject to this Act 1[not being a major port], fees may be charged for pilotage, hauling„ mooring, re-mooring, hooking, measuring and other services rendered to vessels, at such rates as the [2][Government], may direct: 3* - - - (2) The fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by sub-section (1). 4[(3) The Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub-section (2). **36. Receipt, expenditure and account of port-charges.—(1) The** [2][Government] shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorised to be taken by or under this Act to receive the same and, subject to the control of the [2][Government], to expend the receipts on any of the objects authorised by this Act. (2) Such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as the [2][Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as [5][the Government] prescribes, of the account for the past financial year: 6[Provided that the port fund account for any port may, if so authorised under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words “the port fund account of the port” therein, the words “the general account of the port” had been substituted.] 7* - - - (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including 8 [(a) fines other than those creditable to the pilotage. account of the port under sub-section (5a)], (b) proceeds of waifs, and (c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be credited in the port fund account of the port. (5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage but including— (a) the pay and allowances of all persons upon the establishment of the port, (b) the cost of buoys, becons, lights and all other works maintained chiefly for the benefit of vessels being in or entering or leaving the port or passing through the rivers or channels leading thereto, 1. Ins. by Act 15 of 1997, s. 6 (w.e.f. 9-1-1997). 2. Subs. by the A.O. 1937, for “Local Government”. 3. The original proviso was omitted by Act 6 of 1916, s. 8, and the proviso ins. by Act 11 of 1929, s. 3, omitted by the A.O. 1937. 4. Ins. by Act 35 of 1951, s. 190. 5. Subs. by the A.O. 1937, for “that Government.” 6. Ins. by Act 35 of 1951, s. 191. 7 Sub-section (3) omitted by Act 6 of 1916, s. 9. 8. Subs. by Act 35 of 1951, s. 191, for cl. _(a)._ 16 ----- (c) pensions, allowances and gratuities of persons who have been employed in the port under this or any other enactment relating to ports and port dues, or such portion of those pensions, allowances and gratuities as the [1][Government] may by rule determine. (d) with the previous sanction of the [1][Government], contributions towards the support of public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards the provision of sanitary superinendence and medical aid for the shipping in the port and for seamen whether ashore or afloat, belonging to vessels in the port, and (e) with the like sanction, contributions towards sailors‟ homes, institutes, rest-houses and coffee houses and for other purposes connected with the health, recreation and temporal well-being of sailors, shall be charged to the port fund account of the port. 2[(5a) All fees charged for pilotage at any port subject to this Act 3[other than a major port] and and all fines and penalties levied under the Act or under any other Act relating to the port from pilots or other persons employed in the pilot service other than fines and penalties imposed by a court, shall be credited to a distinct account to be called the pilotage account of the port. (5b) All sums so credited to the pilotage account may be applied, in such proportions as the Government may from time to time direct, to the following purposes, namely:— (a) the purchase and maintenance in repair of such vessels, and the supply of such materials, stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to purchase, maintain or supply for the efficiency of the pilot service; (b) the payment of the salaries, wages and allowances of pilots and other persons employed in the pilot service or in the supervision thereof: (c) the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be made in their behalf to any provident fund or welfare fund; (d) the payment of pensions, gratuities and compassionate allowances granted by the officer or body appointed under sub-section (1) to pilots and other persons engaged in the pilot service who have been injured in the execution of their duty and to the surviving relatives of pilots and other persons so engaged who have been killed in the execution of their duty or who may die while still in the service of such officer or body; (e) the provision of educational, recreational and other amenities for pilots and other persons employed in the pilot service; (f) the payment of contributions or appropriations to any special fund or funds established under the provisions of any other Act relating to the port to which the officer or body appointed under sub-section (1) considers contributions or appropriations should be made from the pilotage account; (g) any other expenditure which may, with the previous sanction of the Government, be incurred in respect of the pilot service. (5c) If the officer or body appointed under sub-section (1) at any port is also the authority responsible for maintaining the general account of the port, then notwithstanding the absence of any provision in that behalf in the Act under which such general account is maintained, such officer or body may, with the previous sanction of the Government, apply any sum out of the moneys credited to such general account towards meeting deficits, if any, in the pilotage account of the port, or transfer the whole or any part of any surplus funds, in the pilotage account to the general account of the port.] 1. Subs. by the A.O. 1937, for “Local Government”. 2. Ins. by Act 35 of 1951, 8. 191. 3. Ins. by Act 23 of 1992, s. 6 17 ----- (6) Subject to the provisions of any local law as to the disposal of any balance from time to time standing to the credit of a port fund account [1][or of a pilotage account], any such balance may be temporarily invested in such manner as the [2][Government], may direct. **37. Grouping of ports.—(1)** The State Government may direct that for the purposes of the last foregoing section any number of ports [3][in the State not being major ports] shall be regarded as constituting a single port, and thereupon all moneys to be credited to the port fund account under sub-section (4) of that section shall form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports: 4* - - - (2) Where ports are grouped by or under this Act, the following consequences ensue, namely:— (a) the State Government, in the exercise of its control over expenditure debitable to the common port fund account of the group, may, [5]*** make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects authorised by this Act 5***; and (b) by the State Government may exercise its authority under section 34 as regards all the ports in the group collective by or as regards any of them separately. **38. Receipts for port-charges.—The** person to whom any dues, fees or other charges authorized to be taken by or under this Act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made. **39. Master to report arrival.—(1)** Within twenty-four hours after the arrival within the limits of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the master of the vessel shall report her arrival to the conservator of the port. (2) A master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred rupees. (3) Nothing in this section applies to tug-steamers, ferry steamers or river steamers plying to and from any of the ports subject this Act.[6]*** **40. Conservator may in certain cases ascertain draught and charge expense to master.—If** any vessel liable to the payment of port-dues is in any such port without proper marks on the stem and stern posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation. **41. Ascertainment of tonnage of vessel liable to port-dues.—In order to ascertain the** tonnage of any vessel liable to pay port-dues the following rules shall be observed, namely:— (1) (a) If the vessel is a British registered vessel or a vessel registered under the Indian registration of Ships Act, 1841 (10 of 1841), or the Indian Registration of Ships Act, (1841) Amendment Act, 1850 (11 of 1850), or under any other law for the time being in force for the registration of vessels in [7][India], the conservator may require the owner or master of the vessel or any person having possession of her register to produce the register for inspection. 1. Ins. by Act 35 of 1951, s. 191. 2. Subs. by the A.O. 1937, for “Local Government”. 3. Ins., ibid. 4. The proviso omitted, ibid. 5. Certain words omitted, ibid. 6. Certain words omitted by the A.O. 1948. 7. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above. 18 ----- (b) if the owner or master or such person neglects or refuses to produce the register or otherwise to satisfy the conservator as to what is the true tonnage of the vessel in respect of which the port-dues are payable, he shall be punishable with fine which may extend to one hundred rupees, and the conservator may cause the vessel to be measured, and the tonnage thereof to be ascertained, according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, and in such case the owner or master of the vessel shall also be liable to pay the expenses of the measurement. (2) If the vessel is not a British registered vessel or a vessel registered under the Indian Registration of Ships Act, 1841 (10 of 1841), or the Indian Registration of Ships Act (1841) Amendment Act, 1850 (11 of 1850), or under any other law for the time being in force for the registration of vessels in [1][India], and the owner or master thereof fails to satisfy the conservator as to what is her true tonnage according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, the conservator shall cause the vessel to be measured' and the tonnage thereof to be ascertained, according to the mode aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses of the measurement. (3) If the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be determined by the conservator on such an estimate as may seem to him to be just. **42. Distraint and sale on refusal to pay port-charges.—If the master of** any vessel in respect of which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the same on demand, the authority appointed to receive such port-dues, fees or other charges may distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part thereof, and detain the same until the amount due is paid; and in case any part of the port-dues, fees or other charges or of the costs of the distress or arrest or of the keeping of the vessel or other thing distrained or arrested remains unpaid for the space of five days next after any such distress or arrest, may cause the vessel or other thing distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port-dues, fees or other charges and the costs including the costs of the remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand. 2[Provided that where such vessel or other thing is already arrested under the order of a court or other authority, the authority appointed to receive port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders or directions of such court or other authority: Provided further that the person to whom the vessel or other thing is sold under this section shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act, 1958]. **43. No port-clearance to be granted until port-charges are paid.—The officer of** 3 [the Government] whose duty it is to grant a port-clearance for any vessel shall not grant such clearance— (a) until her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act, (b) until all expenses, which by the Merchant Shiping Act, 1894 (57 & 58 Vict., c. 60.), section 207, are to be borne by her owner incurred since her arrival in the port from which he seeks clearance, have been paid. **44. Port-charges payable in one port recoverable at any other port.—(1) If the master of any** vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her 1. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above. 2. The proviso inserted by Act 23 of 1992, s. 7 (w.e.f. 12-8-1992). 19 ----- to leave any port without having paid the sum, the authority appointed to receive port-dues, fees and other charges at the port under this Act may require in writing the authority appointed to receive port-dues, fees and other charges under this Act at any other port in [1][India] to which she may proceed, or in which she may be, to levy the sum. (2) The authority to whom the requisition is directed shall proceed to levy such sum in the manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to receive port-dues, fees and other charges at the port where such sum as is mentioned in the last foregoing section became payable, stating[-] the amount payable, shall be sufficient _prima facie proof_ of such amount in any proceeding under section 42 and also (in case the amount payable is disputed) in any subsequent proceeding under section 59. **45. Penalty for evading payment of port-charges.—(1)** If the master of a vessel evades the payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may extend to five times the amount of the sum. (2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate as is mentioned in section 44, sub-section (2), stating that the master has evaded such payment, shall be sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. (3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may he found, shall be deemed to have jurisdiction in any proceeding under this section. **46. Port-due on vessels in Ballast.—A** vessel entering any port [2][not being a major port] subject to this Act [3]*** in ballast and not carrying passengers shall be charged with a port-due at a rate to be determined by the [4][Government] and not exceeding three-fourths of the rate with which she would otherwise be chargeable. **47. Port-due on vessels not discharging or taking in cargo.—When a vessel enters a port** 5[not being a major port] subject to this Act, but does not discharge or take in any cargo or passengers therein (with the exception of such unshipment and reshipment as may be necessary for purposes of repair), she shall be charged with a port-due at a rate to be determined by the 4[Government] and not exceeding half the rate with which she would otherwise be chargeable. **48. Port-due not to be chargeable in certain cases.—No** port-due shall be chargeable in respect of— (a) any pleasure yacht, or (b) any vessel which, having left any port, is compelled to re-enter it by stress of whether or in consequence of having sustained any damage, or (c) any vessel which, having entered [6][any port [7][in the territories which, immediately before the 1st November, 1956, were comprised in the States of Madras and Andhra] or the Port of Gopalpur in the State of Orissa], leaves it within forty-eight hours without discharge or taking in any passengers or cargo. **49. Power to impose hospital port-dues.—(1)** The [4][Central Government] may, by notification in the Official Gazette, order that there shall be paid in respect of every vessel entering any port subject to this Act, within a reasonable distance of which there is a public hospital or dispensary suitable for the 1. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Schedule to read as above. 2. Ins. by Act 15 of 1997, s. 7 (w.e.f. 9-1-1997). 3. Certain words omitted by the A.O. 1937. 4. Subs., ibid., for “Local Government”. 5. Ins. by Act 15 of 1997, s. 8 (w.e.f. 9-1-1997). 6. Subs. by Act 35 of 1950, s. 3 and Second Schedule, for certain words. 7. Subs. by the A.O. (No. 2), 1956, for “in the State of Madras or in the State of Andhra”. The words in italics were ins. by the Andhra (Adaptation of Laws on Union Subjects) Order, 1954 (w.e.f. 1-10-1953). 20 ----- reception or relief of seamen requiring medical aid, such further port-dues not exceeding one anna per ton as the [1][Central Government] thinks fit. (2) Such port-dues shall be called hospital port-dues, and the [1][Central Government] shall, in making any order under sub-section (1), have regard to any contributions made under section 36, sub-section (5), clause (d). (3) An order imposing or increasing hospital port-dues shall not take effect till the expiration of sixty days from the day on which the order was published in the Official Gazette. (4) Whenever the [1][Central Government] is satisfied that proper provision has been made by the owners or agents of any class of vessels for giving medical aid to the seamen employed on board such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may, by notification in the Official Gazette, exempt such class of vessels from any payment under this section. **50. Application and account of hospital port-dues.—(1)** Hospital port-dues shall be applied, as the [1][Central Government] may direct, to the support of any such hospital or dispensary as aforesaid, or otherwise for providing sanitary superintendence and medical aid for the shipping in the port in which they are levied and for the seamen belonging to the vessels therein, whether such seamen arc ashore or afloat. (2) The [1][Central Government] shall publish annually in the Official Gazette, as soon after the first day of April as may be, an account, for the past financial year, of the sums received as hospital port-dues at each port where such dues arc payable, and of the expenditure charged against those receipts. (3) Such account shall be published as a supplement to the abstract published under section 36, sub-section (2). CHAPTER VI HOISTING SIGNALS **51. Master to hoist number of vessel.—(1) The master of** every inward or outward bound vessel, on arriving within signal distance of any signal-station established within the limits of the river Hooghly, or within the limits of any part of a river or channel leading to a port subject to this Act, shall, on the requisition of the pilot in charge of the vessel, signify the name of the vessel by hoisting the number by which she is known, or by adopting such other means to this end as may be practicable and usual, and shall keep the signal flying until it is answered from the signal-station. (2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees. **52. Pilot to require master to hoist number.—(1)** Every pilot in charge of a vessel shall require the number of the vessel to be duly signalled as provided by the last foregoing section. (2) When, on such requisition from the pilot, the master refuses to hoist the number of a vessel, or to adopt such other means of making her name known as may be practicable and usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse to proceed on his course until the requisition has been complied with. **53. Penalty on pilot disobeying provisions of this Chapter.—Any** pilot incharge of a vessel who disobeys, or abets disobedience to, any of the provisions of this Chapter, shall be punishable with fine which may extend to five hundred rupees for each instance of such disobedience or abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn. CHAPTER VII PROVISION WITH RESPECT TO PENALTIES **54. Penalty for disobedience to rules and orders of the Government.—If** any person disobeys any rule or order which a [1][Government] has made in pursuance of this Act and for the 1. Subs. by the A.O. 1937, for “Local Government”. 21 ----- punishment of disobedience to which express provision has not been made elsewhere in this Act, he shall be punishable for every such offence with fine which may extend to one hundred rupees. **55. Offences how triable, and penalties how recovered.—All** offences against this Act shall be triable by a Magistrate, and any Magistrate may, by warrant under his hand, cause the amount of any fine imposed upon the owner or master of any vessel, for any offence committed on board of the vessel or in the management thereof or otherwise in relation thereto, whereof the owner or master is convicted, to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary. **56. Costs of conviction.—(1)** In case of any conviction under this Act, the convicting Magistrate may order the offender to pay the costs of the conviction in addition to any fine or expenses to which he may be liable. (2) Such costs may be assessed by the Magistrate and may be recovered in the same manner as any fine under this Act. **57. Ascertainment and recovery of expenses and damages payable under this Act.—(1) If** any dispute arises as to the sum to be paid in any case as expenses or damages under this Act, it shall be determined by a Magistrate upon application made to him for that purpose by either of the disputing parties. (2) Whenever any person is liable to pay any sum, not exceeding one thousand rupees, as expenses or damages under this Act, any Magistrate, upon application made to him by the authority to whom the sum is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if it were a fine. **58. Cost of distress.—Whenever** any fine, expenses or damages is or are levied under this Act, by distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses or damages, and in the same manner. **59. Magistrate to determine the amount to be levied in case of dispute.—If** any dispute arises concerning the amount leviable by any distress or arrest under this Act or .the costs payable under the last foregoing section, the person making the distress or using the arrest may detain the goods distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has been determined by a Magistrate, who, upon application made to him for that purpose, may determine the amount, and award such costs to be paid by either of the parties to the other of them as he thinks reasonable, and payment of such costs, if not paid on demand, shall be enforced as if they were a fine. **60. Jurisdiction over offences beyond local limits of jurisdiction.—(1)** Any person offending against the provisions of this Act in any port subject to this Act shall be punishable by any Magistrate having jurisdiction over any district .or place adjoining the port. (2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits, and, in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction. **61. Conviction to be quashed on merits only.—(1)** No conviction, order or judgment of any Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it proceeds. (2) If no jurisdiction appears on the face of the conviction, order or judgment, but the depositions taken supply that defect, the conviction, order or judgment shall be aided by what so appears in the depositions. 22 ----- CHAPTER VIII SUPPLEMENTAL PROVISIONS **62. Hoisting unlawful colours in port.—(1)** If any vessel belonging to [1][any citizen of India or commonwealth citizen] or sailing under [2][Indian or British colours], hoists, carries or wears, within the limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board such vessel has been prohibited by the Merchant Shipping Act, 1894 (57 & 58 Viet., c. 60) or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of [3][the regulations] in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine .which may extend to fifty rupees. (2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence. (3) The conservator of the port, or any officer of [4][the Indian Navy], may enter on board any such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn on board the same. **63. Foreign deserters.—Any** Magistrate, upon an application being made to him by the Consul of any foreign Power to which section 238 of the Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60) has, by an Order in Council [5][or order], been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon complaint on oath of the desertion of any seaman. not being a slave, from any vessel of such Foreign Power, may, until a revocation of such order in Council [5][or order] has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month: Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks. **64. Application of sections 10 and 21.—(1)** The provisions of sections 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the [6][Government] to be ports for the shipment and landing of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary jurisdiction any such port is subject. (2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57. (3) In any of the said ports for the shipment and landing of goods the consent referred to in section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the [6][Government]. **65. Grant of sites for sailors’ institutes.—Any** local authority in which any immovable property in or near a port is vested may, [7][with the previous sanction, in the case of cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the State Government], appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors‟ home or other institution for the health, recreation and temporal well-being of sailors. 1. Subs. by the A.O. 1950, for “any of His Majesty‟s subjects”. 2. Subs., ibid., for “British colors”. 3. Subs., ibid., for “His Majesty‟s regulations”. 4. Subs. by the A.O. 1950, for “His Majesty‟s Navy or the Royal Indian Navy”. 5. Ins., ibid. 6. Subs. by the A.O. 1937, for “Local Government”. 7. Subs., ibid., for “with the previous sanction of the Local Government”. 23 ----- **66. Exercise of powers of conservator by his assistants.—(1)** All acts, orders or directions by this Act authorized to be done or given by any conservator may, subject to his control, be done or given by any harbour-master, or any deputy- or assistant of such conservator or harbour-master. (2) Any person authorised by this Act to do any act may call to his aid such assistance as may be necessary. **67. Service of written notices of directions.—Any** written notice of direction given under this Act, left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the master thereof. **68. Publication of orders of Government.—Every** declaration, order and rule of a [1][Government] made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee. 2 **[68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvers for** **defence of port.—Every** authority exercising any powers or jurisdiction in. or relating to, any port to which this Act for the time being applies shall, if so required by an officer authori sed by general or special order of the Central Government in this behalf, co-operate in such manner, as such officer may direct, in carrying out any manoeuvers in connection with any scheme or preparations for the defence of the said port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such officer the services of any of its staff and the use of any of its vessels, property, equipment or other material: Provided, firstly, that if any vessels arc placed at the disposal of such officer in accordance with this section, the Central Government shall, in respect of the period during which they are so at his disposal, bear the running expenses of such vessels, and be responsible for any damage thereto. _Explanation.—The expression „running expenses‟ in this proviso includes all outlay incurred_ in connection with the use of the vessels other than any charges for their hire, or for the wages of the officers and crews of such vessels: Provided, secondly, that any officer making a requisition under this section shall exercise his powers in such a way as to cause as little disturbance to the ordinary business of the port as is compatible with the exigencies of the efficient carrying out of the manoeuvers: Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section. **68B. Duties of the said authorities in an emergency.—Whenever** the Central Government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorise any officer to require the. said authorities to perform such duties until the Central Government is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely: — The Central Government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the Central Government, and the decision of such person shall be final.] 1. Subs. by the A.O. 1937, for “Local Government”. 2. Ins. by Act 6 of 1916, s. 11. 24 ----- 1[68C. Application of certain provisions of the Act to aircraft.—(1) The provisions of sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33, 34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making use of any port subject to this Act, while on water as they apply in relation to vessels. (2) No such aircraft shall enter or leave any port subject to this Act, except with the permission granted by the Conservator of the Port or by such other officer as may be authorized in this behalf by the Conservator.] 2[68D. **Maritime security.—A port facility in India shall comply with all the requirements** contained in Chapter IXB of the Merchant Shipping Act, 1958 (44 of 1958) or the rules made thereunder so far as they are not inconsistent with the provisions of this Act. _Explanation.— For the purposes of this section, the expression “port facility” shall have the_ same meaning as assigned to it in Part IXB of the Merchant Shipping Act, 1958 (44 of 1958).] **69.** [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 1. Ins. by Act 35 of 1951, s. 192. 2. Ins. by Act 40 of 2007, s. 7. 25 ----- 1THE FIRST SCHEDULE (See sections 1 and 33) Ports, vessels chargeable, rate of port-dues and frequency of payment 2 [PART I—MAJOR PORTS **Name of Port** **Vessels Chargeable** **Rate of port dues** **Due how often chargeable** **per ton** **in respect of same vessel** (1) (2) (3) (4) Calcutta 3* - Paradip 3* - Visakhapatnam 3* - _Explanation:— “Outer Harbour” means the portion of the Visakhapatnam Port limits with the_ following coordinates; namely:— WEST : A line drawn towards North along the Eastern boundary of S. No. 9 of Dolphin‟s Nose Village from the junction point of S. Nos. 3, 4, 9 and 10 i.e., at the point Lat. 17° 41' 11”.3 N and Long. 83° 17' 35” E across the channel till it touches Muncipal boundary, in T. No. 469 i.e, at the point Lat. 17° 41' 17”.3 N and Long. 83° 17' 35”.2E and thence towards North along the field boundary of S. Nos. 10 and 12 of Dolphin‟s Nose Village up to the South Eastern point of T.S. 303 of Fort Ward. Visakhapatnam Town thence towards North East, along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at the point Lat. 17° 41' 47” N Long. 83° 18' 03” .4E. NORTH : From the point of Lat. 17° 41' 47” N. and Long. 83° 18' 03” .4E towards East along the centre line of Groyne No. 2 till coinciding with East break water at Lat. 17° 41' 32 ” .6N. Long 83° 18' 29” .8E. EAST : A line drawn towards South from the point of Lat. 17° 41' 32” .6N Long. 83° 18' 29” .8E till the point coinciding with East break water South and at Lat. 17° 41' 14” .93 N. Long. 83° 18' 29” .3E thence a line drawn towards South East till the point coinciding with East end of South break water at Lat. 17° 41' 01” .43 N. Long. 83° 18' 49” .12E. SOUTH : A line drawn towards West South West direction from the point with Lat. 17° 41' 01” .43N Long 83° 18' 49” .12E till the point coinciding with Eastern boundary of S. No. I I of Dolphin's Nose Village at the point Lat. 17° 40' 36” .7N Long 83° 17' 49” .8E and thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the point of interception of S. Nu. 10 of Dolphins's Nose Village between F. Lines 109 and 71 and towards West to meet junction point of S. Nos. 3. 4. 9, 10 of Dolphin's Nose Village i.e., at the point Lat. 17° 41' 11” .3N and Long. 83° 17' 35” E approximately. 1. This Schedule is liable to variation by notifications of State Governments, and for any change thereof notifications of the States concerned should be consulted. 2. Subs. by notification No. G.S.R. 257(E), dated 1-5-1978, Gazette of India, Pt. II, s. 3(i), p. 398, for the heading and the major ports of Calcutta and Paradip and the entries relating thereto. 3. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997. s. 9 (w.e.f. 9 -1-1997). 26 ----- (1) (2) (3) (4) Madras 1* ***** ***** New Tuticorn 1* ***** ***** Cochin 1* ***** ***** New Mangalore 1* ***** ***** Mormugao 1* ***** ***** Bombay 1* ***** ***** Kandla 1* ***** ***** PART II.—RESERVED FOR PORTS IN WEST BENGAL, IF ANY 2 [PART III.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ORISSA Name of port Vessels chargeable Rate of port dues Due how often chargeable in respect of the same vessel (1) (2) (3) (4) 1. Chandbali Sea-going vessels of ten tonnes Not exceeding rupee Once in the same month. (Dhamra) and upwards (except fishing one and fifty paise boats). per tonne. (Tug-boats, ferry-boats and river Ditto. Once between the 1st boats, whether propelled by steam January and the 30th June, or other mechanical means). and once between the 1st july and 31st December, in each year. 2. Gopalpur Sea-going vessels of ten tonnes Not exceeding rupee Once in the same month. and upwards (except fishing one and fifty paisa boats). per tonne. (Tug-boats, ferry-boats and river Ditto. Once between the 1st boats, whether propelled by steam January and the 30th June, or other mechanical means). and once between the 1st july and 31st December, in each year 3 [PART IV.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH Name of the Port District Vessels Chargeable Name of the Port District Vessels Rate of port dues Rate Due how often Chargeable Class of vessels chargeable in respect of the same vessel (1) (2) (3) (4) (5) Rate of port dues Class of vessels Bheemunipatnam Kakinada (East Godavari) Narsapur (WestGodavari) Machilipatnam (Krishna) (Visakhapatnam) Sea-going vessels of 42-45 cubic metres (15 tons) and upwards. steamer (referred to in item 1 above) calling at any port for more than once in the same voyage. Payable once for one voyage. 1. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997, s. 9 (w.e.f. 9.1.1997). 2. Added by notification No. 1317-PD, dated 29-04-1978, Gazette of Orissa. 3. Added by notification No. G.O. Ms. 253, dated 28-4-1978, Gazette of Andhra Pradesh. 27 ----- PART IV.— PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH—CONTD. (1) (2) (3) (4) (5) Sea-going vessels of 42- (3) Coasting ship calling at Thirteen paise per The payment of the 45 cubic metres (15 any port cubic metre. dues at the port will tons) and upwards.— exempt the ship for a contd. period of 60 days from liability to pay the dues again at that port. (4) Coasting steamer calling at Fifteen paise per The payment of the any port cubic metre. dues at the port will exempt the steamer for a period of 30 days from liability to pay the dues again at that port.] 1 [PART V—PORTS UNDER THE CONTROL OF THE GOVERNMENT OF TAMIL NADU Name of the Port District Vessels Chargeable Rate of port dues, Due how often Class of vessels chargeable in respect of the same vessel (1) (2) (3) (4) (5) (1) Cuddalore South Arcot Sea going vessels of 40 (1) Foreign ship or Payable on each entry (2) Nagapattinam Thanjavur cubic metres and steamer calling at any into the port except in upwards. port not exceeding 10 the case of straits paisa per cubic metre. steamer which shall not be charged more than once in a voyage. (2) Foreign ship or Payable once for the steamer calling at more voyage. than one port not exceeding 15 paisa per cubic metre. (3) Pamban (3) Coasting ship The payment of dues at (4) Rameswaram Ramnathapuram calling at any port not the port will exempt the (3) Kilakarai exceeding 5 paisa per ship for a period of 60 cubic metre. days from liability to pay the dues again at that port. (6) Veppalodai Tirunelveli (4) Coasting steamer The payment of dues at (7) Colachel Kanyakumari calling at any port not the port will exempt the (8) Kanyakumari exceeding 10 paisa per steamer for a period of cubic metre. 30 (thirty) days from liability to pay the dues again at that port.] 1. Added by notification No. 11(2)/TRA/1914(c)/78, dated 1-5-1978, Gazette of Tamil Nadu. 28 |Col1|Col2| |---|---| ----- 1[PART VI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF PONDICIHERRY. (See SECTIONS 1 AND 33) Name of Port Vessels chargeable Rate of port dues Dues how often chargeable in respect of same vessel (1) (2) (3) (4) Pondicherry Sea-going vessels of 40 (a) Foreign going ship (a) Payable one each cubic metres and or sailing vessel entry Into the port. upwards. calling at this port at 15 paise per cubic metre. (b) The payment of (b) Coasting ships port dues will calling at this port at exempt the ship for 15 paise per cubic a period of sixty metre. days from liability to pay the dues again at that port. (c) Coasting sailing Do. vessel calling at this port at 5 paise per cubic metre. (1) The levy of port dues in accordance with the Schedule referred to in clause (1) shall be subject to the following conditions, namely:— (a) that with effect on an from the 1st July, 1978, the rates of port dues to be levied on vessels specified in column (2) of the said Schedule, entering the Port in the Union Territory of Pondicherry shall be those laid down in column (3) of the said Schedule; (b) that such dues shall be levied subject to the conditions mentioned in column (4) of the said schedule; (c) that the rates of port dues chargeable on any one vessel entering the port in ballast and not carrying passengers shall be 3/4th of the rates laid down in the schedule; (d) that when a vessel enters the port but does not discharge or take any cargo or passengers therein (with the exception of such unshipment or reshipment as may be necessary for purposes of repair), she shall be charged with port dues at half the rates specified in the schedule; and (e) that no port dues shall be levied on— (i) any pleasure yacht, or (ii) any vessel which, having letter any port, is compelled to re-enter it by stress of weather, or in consequence of having sustained any damage, or (iii) any vessel which, having entered any port, leaves it within forty-eight hours without discharging or taking in any passengers or cargo. (2) For the purpose of this notification the terms “foreign going ship”, “coasting ship”, “sailing vessel” and “ship” shall have the same meaning as found in the Merchant Shipping Act, 1958 (Act No. XLIV of 1958).] 1. Ins. by Notification No. G.O. Ms. 70/78, dated 1-5-1978, Gazette of Pondicherry. 29 ----- 1 [PART VII.— PORTS UNDER THE CONTROL OF GOVERNMENT OF KERALA Name of Port Vessels Rate of port dues Dues how often chargeable chargeable in respect of the District Ports Class of vessel Rate of port same vessel dues (1) (2) (3) (4) (5) (6) Trivandrum Quilon Allepey Trichrur Ernakulam Malappuram Kazikode Cannanore 1. KovalamVizhinjam 2. Trivandrum 3. Quilon 4. Neendakar 5.Allepey 6. Azikode 7. Ponnami 8. Calicut (including Beypore) 9. Badagara 10. Telicherry 11. Cannanore 12. Azhikkal 13. kasaragode All sea-going vessels of 40 cubic metres and upwards. (other than fishing vessels) (a) Foreign ship or steamer or coastal steamer calling at any port. (b) Coastal ship Not exceeding Rs. 1.50 per ton. Not exceeding 50 paise per ton. The payment of the dues on entry at any minor port of Kerala will exempt steamers for a period of 30 days and ships for a period of 60 days from payment of port dues again at that port. _Notes: (1)_ In assessing the Port dues the date on which a vessel anchored shall be the date from which dues shall be calculated. (2) In the case of vessels the certificate of registry of which shows her tonnage in the British standard tons only, a factor of 2.83 cubic metres will be the equivalent to one ton for purpose of levy of Port dues specified in column 3 and on conversion of such tons into cubic metres any fraction less than half will be omitted and half and above rounded to the nearest cubic metres. _Explanation.—In_ this schedule— (a) “ship” means a vessel propelled solely by wind-power. (b) “Steamer” means any vessel other than a ship. (c) “Coasting ship”. or “Coasting steamer” means respectively a ship or steamer which at any Port discharges cargo exclusively from or takes in cargo exclusively for any ports in India or in Burma or in the Island of Ceylon and “Coasting Steamer” includes a coasting steam vessel having a general pass under section 164 of the Sea Customs Act, 1878. (d) “Foreign ship” or “Foreign Steamer” means respectively a ship or a steamer not being a coasting ship or coasting steamer.)] 1. Added by Notification No. S.R.O. 373/78, dated 26-4-1978, Gazette of Kerala. 30 ----- 1 [PART-VIII.—PORTS UNDER THE CONTROL OF GOVERNMENT OF KARNATAKA Name of Ports Vessels chargeable Rate of Port dues Dues how often chargeable in respect of the same vessel (1) (2) (3) (4) 1. Mangalore Sea-going vessels (a) Foreign ship or Not exceeding Payable on each entry into of 15 cubic metres steamer calling thirty paise per the Port. and upwards. at the port. cubic metre. (b) Coasting ship Not exceeding The payment of the dues calling at the thirty paise per will exempt the ship for a port. cubic metre. period of sixty days from liability to pay the dues again at the port. (c) Coasting Not exceeding The payment of the dues steamer calling thirty paise per will exempt the steamer for at the port. cubic metre. a period of 30 days from liability to pay the dues again at the port. 2. Malpe Sea-going vessels (a) Foreign ship or Not exceeding Payable on each entry into 3. Mangarkatta of 15 cubic metres steamer calling thirty paise per the Port. 4. Coondapur and upwards. at the port. cubic metre. 5. Baindur (b) Foreign ship or Not exceeding Payable once for the steamer calling forty five paise per voyage. at more than cubic metre. one port. 6. Bhatkal Sea-going vessels (c) Coasting ships Not exceeding The payment of the dues 7. Shirali of 15 cubic metres calling at any twenty paise per will exempt the ship for a period of sixty days from 8. Murdeshwar and upwards. Port. cubic metre. liability to pay the dues 9. Honavar/Manki again at the port. 10. Tadri/Gangavali 11. Belekeri/Ankola (d) Coasting Not exceeding The payment of the dues steamers twenty four paise will exempt the steamer for a period of 30 days from calling at the per cubic metre. liability to pay the dues Port. again at the port. 12. Chendia 13. Binaga 14. Karwar 15. Majali _Explanation_ _1.—_ (a) Ship” means a vessel propelled with sufficient sail area for navigation under sail alone whether or not fitted with mechanical means of the propulsion and includes a rowing boat or canoe. (b) “Steamer” means any vessel other than a ship. 1. Ins. by notification No. PWD 42 PSP 77, dated 29-4-1978, Gazette of Karnataka (Extraordinary), Part IV-2 c(ii). 31 ----- (c) “Coasting ship” or “coasting steamer” means respectively a ship or steamer which at any port discharges cargo exclusively from or takes in cargo exclusively for any Port in India. Provided for the purpose of levy of port dues vessel shall not be deemed during one and the same voyage to be both coasting ship or steamer and a Foregin ship or steamer but port dues shall, in respect of such voyage, be leviable on such vessels either as a coasting or as a foreign ship or steamer, whichever rate is higher. _Explanation 2.—_ Ports enclosed in double brackets in the second column of the schedule shall be treated as if they are only one port every vessel in respect of which such dues have been charged and taken at one of the bracketed ports being exempted from the payment of port dues on entering another port within the period specified in the fourth column of the schedule. 1 [PART IX.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GOA, DAMAN AND DIU Name of the Port Vessels Rate of port dues Dues how often chargeable in respect of same vessel (1) (2) (3) (4) 1. Diu (a) Sea-going vessels of ten tons and upwards (except fishing boats). (b) Inland mechanically propelled vessels. 2. Simbor (a) Sea-going vessels of ten tons (b) Inland mechanically propelled vessels. 3. Daman (a) Sea-going vessels of ten tons and upwards (except fishing boats) (b) Inland mechanically propelled vessles. Not exceeding Rupee one and paise fifty per ton. Once in the same month. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once in the same month. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once in the same month. 1. Ins. by notification No. 1/605/78/IPD, dated 1-5-1978, Gazette of Goa, Daman Diu. 32 ----- (1) (2) (3) (4) 4. Tiracol (a) Sea-going vessels of ten tons and upwards (except fishing boats) (b) Inland mechanically propelled vessles. 5. Chapora (a) Sea-going vessels of ten tons and upwards (except fishing boats) (b) Inland mechanically propelled vessles. 6. Panaji (a) Sea-going vessels of ten tons and upwards (except fishing boats) (b) Inland mechanically propelled vessles. 7. Talpona (a) Sea-going vessels of ten tons and upwards (except fishing boats) (b) Inland mechanically propelled vessles. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once in the same month. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once in the same month. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October. -do- Once in the same month. -do- Once in the same month. -do- Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October.] 33 ----- 1 [PART X.—PORTS UNDER THE CONTROL OF GOVERNMENT OF MAHARASHTRA Name of ports and Group within which they fail Vessels chargeable Rate of port dues Dues how often chargeable in respect of same vessels (1) (2) (3) (4) I-BANDRA GROUP OF PORTS 1. Dhanu. 2. Tarapur. 3. Nawapur. 4. Satpati. 5. Kelwa Mahim (including Kelwa). 6. Arnala (including Datiware). 7. Bassein. 8. Uttan. 9. Bhivandi. 10. Manori 11. Kalyan. 12. Thane. 13. Vessava. 14. Bandra. 1. Trombay (including Mahul.) (i) Sea-going vessels of 5 tons and upwards but less than 10 tons (exceeding fishing boats). (ii) Sea-going vessels other than power, driven sea-going vessels of 10 tons and upwards (exceeding fishing boats). (iii) Power driven sea-going vessels of 10 tons and upwards. (i) Sea-going vessels of 5 tons and upwards but less than 10 tons (exceeding fishing boats). Twenty-five paise per metric ton. Forty paise per metric ton. Sixty paise per metric ton. II—MORA GROUP OF PORTS Twenty-five paise per metric ton. Once in thirty days at the same port; provided that no coasting vessels having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days. Once in thirty days at the same port; provided that no coasting vessels having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days. 1. Ins. by notification No. IPA 1077/264/36TR, dated 21-31978, Gazette of Maharashtra. 34 ----- (1) (2) (3) (4) 2. Panvel (Ulwa and Belapur). 3. Mora. 4. Karanja. 5. Mandwa. 6. Thal (Rewas). 7. Alibag. (including Dharamtar). 1. Revdanda. 2. Borli Mandla. 3. Nandgaon. 4. Murud (J). (ii) Sea-going vessels other than power driven sea-going vessels of 10 tons and upwards (exceeding fishing boats). (iii) Power driven sea-going vessels of 10 tons and upwards. (i) Sea-going vessels of 5 tons and upwards but less than 10 tons (excepting fishing boats). Forty paise per metric ton. Sixty paise per metric ton. III—RAJPURI GROUP OF PORTS Twenty-five paise per metric ton. Forty paise per metric ton. Sixty paise per metric ton. Once in thirty days at the same port; provided that no coasting vessels having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days. Once in thirty days at the same port; provided that no coasting vessels or coasting power driven vessels having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days. 5. Rajpuri. (ii) Sea-going Forty paise per metric vessels other ton. than power driven sea-going vessels of 10 tons and upwards (excepting fishing boats). 6. Bankot. (iii) Power driven Sixty paise per metric sea-going ton. vessels of 10 tons and upwards. IV—RATNAGIRI GROUP OF PORTS 1. Kelshi. (i) Sea-going Twenty-five paise per 2. Harnai. vessels of 5 tons metric ton. 3. Dabhol. and upwards but 4. Palshet. less than 10 tons (excepting fishing boats). 35 ----- (1) (2) (3) (4) 5. Borya. (i) Sea-going other Forty paise per metric 6. Jaigad. than power ton. 7. Varoda (Tiwari). driven sea-going vessels of 10 tons and upwards (excepting fishing boats). 8. Ratnagiri. (iii) Power driven Sixty paise per metric 9. Purnagad. sea-going ton. vessels of 10 tons and upwards. V—VIJAYDURG GROUP OF PORTS 1. Jaipur. (i) Sea-going vessels Twenty-five paise per Once in thirty days at 2. Vijaydurg. of 5 tons and metric ton. the same port; provided 3. Deogad. upwards but less that no coasting vessels than 10 tons or coasting power (excepting driven vessels having fishing boats). paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days. 4. Achara. (ii) Sea-going Forty paise per metric vessels other ton. than power driven sea-going vessels of 10 tons and upwards (excepting fishing boats). (iii) Power driven Sixty paise per metric sea-going ton. vessels of 10 tons and upwards. VI—VENGURLA GROUP OF PORTS 1. Malwan (i) Sea-going Twenty-five paise per Once in thirty days at the 2. Nivati. vessels of 5 tons metric ton. same port; provided that 3. Vengurla. and upwards but no coasting vessels or less than 10 tons coasting power driven (excepting vessels having paid port fishing boats), dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days.] 36 ----- (1) (2) (3) (4) 4. Redi. (ii) Sea-going Forty paise per metric 5. Kiranpani. vessels other ton. than power driven sea-going vessels of 10 tons and upwards (excepting fishing boats). (iii) Power driven Sixty paise per metric sea-going ton. vessels of 10 tons and upwards. 1[PART XI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GUJARAT 1. Umargaon 2. Maroli 3. Kolak 4. Umarsadi 5. Valsad 6. Billimora 7. Vansi-Borsi 8. Onjal 9. Surat (Magdalia) 10. Bhagva 11. Bharuch 12. Dahej (1) Foreign Ships Re. 1.00 p. per ton. Once in 30 days in case of each vessel. (2) Costing ships Re. 0.50 p. per ton. -do (3) Sailing vessels Re. 0.35 p. per ton. -do (4) Tugs, ferry and river ships. 13. Khambhat (5) Foreign ships bringing cargo for transhipment in daughter ships. (6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. Re. 0.60 p. per ton. Twice in a year _i.e. to_ say once between the 1st January to the 30th June and once between the 1st July to the 31st December. Re. 1.00 p. per ton. -do 1. Ins. by Notification No. G/J/16/ IPA/1077/95-M, dated 1-5-1978, Gazette of Gujarat, Extraordinary, Part IV-A. 37 ----- (1) (2) (3) (4) _II. Bhavnagar Group of Ports:_ 1. Bhavnagar 2. Gogha 3. Talaja Once in 30 days in case (1) Foreign Ships Re. 1.00 per ton. of each vessels. (2) Coasting ships Re. 0.50 p. per ton. -do (3) sailing vessels Re. 0.35 p. per ton. (4) Tugs, ferry and river ships. (5) Foreign ships bringing cargo for transhipment in daughter ships. (6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _III. Mahuva Group of Ports:_ Twice in a year _i.e. to_ Re. 0.60 p. per ton. say once between the 1st January to the 30th June and once between the 1st July to the 31st December. Once in 30 days in case Rs. 2.50 p. per ton. of each vessel. -doRe. 1.00 p. per ton. 1. Mahuva 2. Pipavav Once in 30 days in case (1) Foreign ships Re. 1. 00 p. per ton. of each vessel. -doBandar (2) Coasting ships Re. 0.50 p. per ton. -do3. Jafrabad (3) Sailing Vessels Re. 0.35 p. per ton. Twice in a year _i.e. to_ 4. Rajpara (4) Tugs, ferry and Re. 0.60 p. per ton. say once between the river ships 1st January to the 30th June and once between the 1st July to the 31st December. Once in 30 days in case (5) Foreign ships Re. 2. 50 p. per ton. of each vessel. vringing cargo for transshipment in daughter ships. 38 ----- (4) (1) (2) (3) -do (6) Daughter ships Re. 1.00 p. per ton. in ballast being loaded with cargo from tankers and leaving for ports other then Gujarat State ports. _IV. Veraval Group of Ports:_ Once in 30 days in case (1) Nawabandar (1) Foreign ships. Re. 1.00 p. per ton. of each vessel. -do(2) Madhwad (2) Coasting ships. Re. 0.50 p. per ton. (3) Veraval (4) Mangrol -do(3) Sailing Vessels. Re. 0.35 p. per ton. Twice in a year _i.e. to_ (4) Tugs, ferry and Re. 0.50 p. per ton. say once between the river ships. 1st January to the 30th June and once between the 1st July to the 31st December. Once in30 day in case (5) Foreign ships Rs. 2.50 p. per ton. of each vessel. bringing cargo for transhipment in daughter ships. -do (6) Daughter ships Re. 1.00 p. per ton. in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _V. Porbandar Group of ports:_ (1) Porbandar (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case of each vessel. (2) Coasting ships. R. 0.50 p per ton. -do (3) Sailing vessels. Re. 0.35 p per ton. -do (4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_ river ships. say once between the 1st January to the 30th June and once between the 1st July to the 31st December. 39 ----- (1) (2) (3) (4) (5) Foreign ships bringing cargo for transhipment in daughter ships. (6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _VI. Okha Group of Ports:_ Rs. 1.00 p per ton. Once in 30 day in case of each vessel. Re. 1.00 p per ton. -do (1) Dwarka (Rupen) (1) Foreign ships. Re. 1.00 p per ton. (2) Okha (2) Coasting ships. R. 0.50 p per ton. -do (3) Beyt (3) Sailing vessels. Re. 0.35 p per ton. -do (4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_ river ships. say once between the 1st January to the 30th June and once between the 1st July to the 31st December. (5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case bringing cargo of each vessel. for transhipment in daughter ships. Re. 1.00 p per ton. -do (6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _VII. Bedi Group of Ports:_ (1) Pindhara (1) Foreign ships. Re. 1.00 p per ton. (2) Salaya (3) Sikka (4) Bedi (including Rozi) (2) Coasting ships. Re. 0.50 per ton. -do (5) Jodia (3) Sailing Vessels. Re. 0.60 p per ton. -do 40 ----- (1) (2) (3) (4) (4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_ river ships. say once between the 1st January to the 30th June and once between the 1st July to the 31st December. (5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case bringing cargo of each vessel. for transhipment in daughter ships. (6) Daughter ships Re. 1.00 p per ton. -do in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _VIII. Navlakhi Group of pots:_ (1) Navlakhi (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case of each vessel. (2) Coasting ships. Re. 0.50 per ton. -do (3) Sailing Vessels. Re. 0.60 p per ton. -do (4) Tugs, ferry and river ships. (5) Foreign ships bringing cargo for transhipment in daughter ships. (6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. Re. 0.60 p per ton. Twice in a year _i.e. to_ say once between the 1st January to the 30th June and once between the 1st July to the 31st December. Rs. 1.00 p per ton. Once in 30 day in case of each vessel. Re. 1.00 p per ton. -do 41 ----- (1) (2) (3) (4) _IX. Mandvi Group of Ports:_ (1) Mundra (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case of each vessel. (2) Mandvi (2) Coasting ships. Re. 0.50 per ton. -do (3) Jakhau (3) Sailing Vessels. Re. 0.60 p per ton. -do (4) Koteshwar (4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_ river ships. say once between the 1st January to the 30th June and once between the 1st July to the 31st December. (5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case bringing cargo of each vessel. for transhipment in daughter ships. (6) Daughter ships Re. 1.00 p per ton. -do in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State ports. _Explanations to Part XI of the First Schedule._ _Explanation 1.—(a) The ports shown under each of the nine groups in the first column of the table_ shall be treated as if they were only one port. The payment of the dues at the first port called in a group shall exempt the vessel for the period shown in column 4 in the table from the liability of payment of the dues again on re-entering or entering that or any other port in the same group. (b) No port dues shall be charged in respect of vessel of less than 10 tons or any fishing boat. (c) A vessel in distress with no cargo on board brought into harbour in tow shall be charged with three fourths of port dues. (d) A coastal ship entering a port, bringing coal or taking salt shall be charged port dues at ten per cent. less than the rates with which she would otherwise be chargeable. _Explanation 2.—(a) In determining of the measurement of the net tonnage for the purpose of calculating_ the charges, a fraction of half a ton or more shall be counted as one ton and less than half ton shall be ignored. (b) The period of thirty days shall be reckoned from the date of entry of the vessel into the port. (c) “Vessel” includes any ship, boat, sailing vessel or other description of vessel used in the navigation. (d) “Sailing vessel” means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not inclued a pleasure craft. (e) “Ship” does not include a sailing vessel. 42 ----- (f) “Coastal ship” means a ship which at any port in Gujarat discharges exclusively from or takes any cargo exclusively for any port in the Republic of India and is not enagaged in overseas trade. _(g) “Foreign ship” means a ship which is not a coasting ship._ _Explanation 3.—If the vessel, in the course of her voyage or during stay in the port, changes_ her character from a coasting vessel to a foreign ship or _vice versa, port dues shall be charged at_ the rates leviable in respect of foreign ships. _Explanation 4.—(a)_ A vessel entering a port and taking in only provisions, water, bunker-coal or liquid fuel for her own consumption shall be charged port dues at half the rate with which she would otherwise be chargeable. (b) A vessel that has paid half the port dues under clause _(a) above re-enters the same port with_ cargo or passengers or both within thirty days from the date of its previous entry in the port shall be charged the difference between the dues already paid and those payable at the full rate _Explanation_ 5.—When a vessel which has been charged port dues, leviable under Government of Gujarat, Public Works Department, Notification No. G/J/48/75/IPA-2975-M, dated the 5th December, 1975, re-enters the same port with cargo or passengers or for any other purpose within thirty days from the date of its previous entry on the port, it shall be charged the difference between the dues already paid and those with which she would otherwise be chargeable.] THE SECOND SCHEDULE.—[Enactment repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 _and the Schedule._ __________________ 43 -----

23-Dec-1986

61

The Child Labour (Prohibition and Regulation) Act 1986

https://www.indiacode.nic.in/bitstream/123456789/19316/1/act_2.pdf

Andaman and Nicobar Islands

###### I i 1 THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 INTRODUCTION Employment of children below 14 and 15 years in certain prohibited employments have been prohibited by various Acts but there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be banned. There is also no law to regulate the working conditions of children in most of the employments where they are not prohibited from working and are working under exploitative conditions. Accordingly it was decided to enact a comprehensive law on the subject. To achieve this objective the Child Labour (Prohibition and Regulation) Bill was introdt~ced in the Parliament. STATEMENT OF OBJECTS AND REASONS There are a number of Acts which prohibit the employment of children below 14 years and 15 years in certain specified employments. However, there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be banned. There is also no law to regulate the working conditions of children in most of the employments where they are not prohibited from working and are working under exploitative conditions. 2. This Bill intends to- (i) ban the employment of children, i.e., those who have not completed their fourteenth year, in specified occupations and processes; (ii) lay down a procedure to decide modifications to the Schedule of banned occupations or processes; (Hi) regulate the conditions of work of children in employments where they are not prohibited from working; (iv) lay down enhanced penalties for employment of children in violation of the provisions of this Act, and other Acts which forbid the employment of children; (v) to obtain uniformity in the definition of "child" in the related laws. 3. The Bill seeks to achieve the above objects. ACT 61 OF 1986 The Child Labour (Prohibition and Regulation) Bill, 1986 having been passed by both the Houses of Parliament received the assent of the President on 23rd December, 1986. It came on the Statute Book as THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 (61 of 1986) _(Came_ _into force_ _on_ _23-12-1986 and 26-5-1993)._ LIST OF AMENDING ACT The Repealing and Amending Act, 2001 (30 of 2001) (w.e.f. 3-9-2001). ----- ###### THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 (61 of 1986) _[23rd_ _December,1986]_ ###### An Act to prohibit the engagement of children in certain employments n11d to regulate tile conditions of work of children in certain other employments. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:- PART I PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be ca lled the Child Labour (Prohibition and Regulation) Act, 1986. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part IJI, shall came into force at once, and Part Ill sha ll come into force on such date[1 ]as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. 2. Definitions.- ln this Act, unless the context otherwise requires,- (i) "appropriate Government" means, in relation to an establishment ###### under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) "child" means a person who has not completed his fourteenth year of age; (iii) "day" means a period of twenty-four hours beginning at mid-night; (iv) "establishment" includes a shop, commercial establishment, workshop, fa rm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; (v) "family", in relation to an occupier, means the individual, the wile or husband, as the case may be, of such mdividual, and their children, brother or sister of such individual; (vi) "occupier", in relation to an establishment or a workshop, means the ###### person who has the ultimate control over the affairs of the II establishment or workshop; (vii) "port authority" means any authority administerir\g a port; ###### • (viii) "prescribed" means prescribed by rules made under section 18; ###### • (ix) "week" means a period of seven days beginning at midnight on Saturday nigli.t or such other night as may be approved in writing ###### • for a particular area by the Inspector; • (x) "workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include ###### • any premises to which the provisions of section 67 of the Factories • Act, 1948 (63 of 1948), for the time being, apply . • 1. Part Ill came into force on 26th May, 1993, t>ide 5.0. 333(E), dated 26th May, 1993 . ###### • 2 ###### • • ----- PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES _t-_ 3. Prohibition of employment of children in certain occupations and ###### processes.-No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any "\.Vorkshop wherein any of the processes set forlh in Part B of the Schedule is carried on: Provided thai nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. COMMENTS (i) Children can be employed in the process of packing but packing should be done in an are<~ away from the place of mnnufacture to avoid !;'Xposure to accident; M.C. _Mchtn_ v. _State_ _of Tamil_ _Nndu,_ AIR 1991 SC 417. (ii) The prohibition of employment of children is not applicable to any worbhop wherein any process is carried on by the occupier with the aid of his family, or to any school established by, or receiving assistance or recognition from, Government. 4. Power to amend the Schedule.~ The Central Government, after giving by notification in the Official Gazette, not less than three months' notice of its intention so to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed Lo have been amended accordingly. 5. Child Labour Technical Advisory Committee.-(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee Lo be called the Child Labour Technical Advisory Commillee (hert)after in this section referred to as the Committee) to advise the Central Gov,krnmenl for the purpose of addition of occupations and processes to the Sch~dule. ###### ' (2) The Committee shall consist of a Chairman and such other members not exceeding Len, as may be appointed by the Central Governmet't. (3) the Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. (4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the office of, and lhc allowance, if any, payable to, the Chairman and other members of the Commillee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed. PART III REGULATION OF CONDITIONS OF WORK OF CHILDREN 6. Application of Part.-The provisions of this Part shall apply to an establishment or a class of establishments in which none of Lhe occupations or processes referred to in section 3 is carried on. ----- COMMENTS This section regulates the working conditions of the children in employments where they are not prohibited from working by section 3 of this Act. 7. Hours and period of work.-(1) No child shall be required or permitted ###### to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No child shall be permitted or required to work between 7 p.m. and 8 a.m. (5) No child shall be required or permitted to work overtime. (6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishmenl. COMMENTS This section stipulates that no child shall work for more than 3 hours before he has had an interval for rest for at least one hour. The double employment of a child is banned. 8. Weekly holidays.-Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. COMMENTS The child employed in an establishment is entilled for a holiday of one whole day in each week. 9. Notice to lnspector.-(1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of Lhirty days from such commencement, send _to_ the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:~ ###### • (a) the name and situation of the establishment; • (b) the name of the person in actual management of the establishment; (c) the address to which corrununications relating to the establishment should be sent; and ###### • (d) the nature of the occupation or process carried on in the ###### • establishment. • (2) Every occupier, in relation to an establishment, who employs, or permits to work, any child after Lhe date of commencement of this Act in relation to such ###### • establishment, shall, within a period of thirty days from the date of such ###### • employment, send to the Inspector within whose local limits the establishment • • • ----- is situated, a written notice containing the particulars as are mentioned in sub- section {1). _l:xp/o.nntion.-For_ the purposes of sub-sections (1) and (2), "date of commencement of this Act, in relation to an establishment'' means the dale of ###### ' bringing into force of this Act in relation to such establishment. (3) Nothing in sections 7, 8 and 9 shall apply Lo any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving <lSSislance or recognition from, Government. 10. Disputes as to age.-If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. 11. Maintenance of register.-There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be av<Jilable for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing- (a) the name and date of birth of every child so employed or permitted Lo work; (b) hours and periods of work of any such child <Jnd the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars as may be prescribed. 12. Display of notice containing abstract of sections 3 and 14.-Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within U1e limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of sections 3 and 14. 13. Health and safety.-(1) The appropriate Governm.ent may, by notification in the Official Gazette, make rules for the ·heallh and safety of the children employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namcly:- (a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; '• (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) >pittoons; ----- (j) fencing of machinery; (k) work at or near machinery in motion; (1) employment of children on dangerous machines; (m) instructions, training and supervision in relation Lo employment of children on dangerous machines; (n) device for cutting off power; (o) self-acling macltines; (p) easing of new machinery; (q) floor, stairs and means of access; (c) pits, sumps, openings in floors, etc.; ###### l') excessive weights; (t) protection of eyes; ( l1) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery. COMMENTS _Tlw_ appropriate Government is empowered to make rules in such matters as cleanliness, disposal of wastes, dust, lighting, precilulion against fire, protection of eyes, spittoons <1nd ventilillions, elc., in any establishment for the health and S<~fety of the children employed or permilled to work. PART IV MISCELLANEOUS 14. Penalties.-(1} Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. (2) "Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. (3) Whoever- (a) fails to give notice as required by section 9; or ###### • (b) fails to maintain a register as required by section 11 or makes any ###### • false entry in any such register; or (c) fails to display a notice containing an abstract of section 3 and this section as required by section 12; or ###### • (d) fails to comply with or contravenes any other provisions of this Act ###### • or the rules made thereunder, ###### • shall be punishable with simple imprisonment which may extend to one month ###### • or with fine which may extend Lo ten thousand :rupees or with both . • 15. Modified application of certain laws in relation to penalties.-(1) • Where any person is found guilty and convicted Of contravention of any of the • • ----- provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under the Acts in which those pl"Ovisions are contained. (2) The provisions referred to in sub-section {1) are the provisions mentioned below: (a) section 67 of the Factories Act, 1948 (63 of 1948); (b) section 40 of the Mines Act, 1952 (35 of 1952); (c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d) section 2l of the Motor Transport Workers Act, 1961 (27 of 1961). COMMENTS S!;'ctions of the above quoted Acts are reproduced below>- (i) Section 67 of the Factories Act, 19-!8: No child who hils not completed his fomte-enth ye<~r shall be required or allowed to work in any factory. (ii) Section 40 of the Mines Act, 1952: (1) After the commencement of the Mines (Amendment) Act, 1983, no pero.on below 18 years of age shall be allowed to work in any mine or pdrt thereof. (2) Notwithstanding anything contained in sub-section (1), apprentices <Jnd other trainees, not below sixteen years of <~ge, may be allowed to work, under proper supervision, in a mine or parl thereof by the manager: Provided that in case of trainees, other th,1n apprentices, prior <1pproval of the Chief Inspector or an Inspector sh.:lil be obtained before they are al!owed to work. _Explrmntion.-In_ this section <111d in section 43, "apprentice" means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961). Clause (a) of section 2 of the Apprentices 1\ct, 1961 (52 of 1961) defines "apprentice" i!S: ###### I Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. ###### I (iii) Section 109 of the Merchant Shipping Act, 1958: No person under fifteen years of age shaH be engaged or carried lo ~ea to ###### I work in any capacity in any ship, exccpl- (a) in a school ship, or training ~hip, in accordance with the pre~cribed conditions; or (b) in a ship in which all persons employed are members of one family; or (c) in a home-trade ship of less than two hundred tons gross; or ### I (d) where such person is to be employed on nominal wages and will be in ###### ' the charge of his father or other adult ne-<~r male relative. (iv) Section 21 of the Motor Transport Workers Acl, 1961: No child shall be required or allowed to work in dny <:<~pacily in any motor transport undertaking. 16. Procedure relating to offen.ces.-(1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this _Act in_ ### I any court of competent jurisdiction. ###### I i ----- (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. 17. Appointment of Inspectors.-The appropriate Government may appoint Jnspeclors for the purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860 (45 of 1860). COMMENT The Inspectors appointed under section 17 would see that for each child employed in violiltion of the provisions of the Act, the concerned employer pays Rs. 20,000 which ~um could be deposited in a fund to be known as Child Labour Rehabilitation-cum- Welfilre Fund; _M.C. Mehta_ v. _State of Tamil Nadu,_ AIR 1997 SC 699. ###### 18. Power to make rules.-(1) The appropriate Govenunent may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act. (2) In particular and wilhout prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the term of office of, the manner of filling casual vacancies of, and the allmvances payable to, the Otairman and members of the Child Labour Teclmical Advisory Committee and the condilions and restrictions subject lo which a non-member may be appointed to a sub-committee under sub-section (5) of section 5; (b) number of hours for which a child may be required or permitted to work under sub-section (1) of section 7; (c) grant of certificates. of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the matmer in which such certificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; ###### II (d) the other particulars which a register maintained under section 11 ###### • should contain. • 19. Rul~s and notifications to be laid before Parliament or State legislature.-(1) Every rule made under this Act by the Central Government and every notification issued tmder section 4, shall be laid as soon as may be after ###### • it is made or issued, before each House of Parliament, while it is in session for ###### • a total period of thirty days which may be comprised in one session or in two • or more successive sessions, and if, before the expiry of the session irrunediately following the session or the successive sessions aforesaid, both Houses agree in ###### • making any modification in the rule or notification or both Houses agree that the ###### • rule or notification should not be made or issued, the rule or notification shall • thereafter have effect only in such modified form or be of no effect, as the case • • ----- may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notific,1tion. ###### ., (2) Every rule made by a State Government under this Act shall be laid as soon as may be after iL is made, before the legislature of that Slate. 20. Certain other provisions of law not barred.-Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Acl, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the !\'lines Act, 1952 (35 of 1952). 21. Power to remove difficulties.-(1) If any difficulty arises in giving e.ffecl to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. 22. Repeal and savings.-(1) The Employment of Children Act, 1938 (26 of 19::'>8), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shalL in so far as iL is not inconsistent with the provisions of this Act, be deemed to have been done or ti'lken under the corresponding provisions _of this Act._ ###### •-z3. Amendment of Act 11 of 1948.-ln section 2 of the Minimum Wages Act, 1948,- (i) for clause (a), the following clauses shall be substituted, namely:- '(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa) "adult" means a person who has completed his eighteenth year of age;' (ii) after clause (b), the following clause shall be inserted, namely:- '(bb) "child" means a person who has not completed his fourteenth year of age'. ""24. Amendment of Act 69 of 1951.-ln the Plantations Labour Act, 1951,- (a) in section 2, in clauses (a) and (c), for the word "fifteenth", the word ###### • "iourteenth" shall be substituted; (b) section 24 shall be omitted; (c) in section 26, in the opening portion, the words "who has completed his twelfth year" shall be omitted. S<·clions 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and !\mending Acl, 2001 (30 of 2001} (w.e.L 3-'l-2001}. The repeal by this Act shall not effect any other enadm<•nt in which the repealed ennctment has been applied, incorporated or referred to ----- *25. Amendment of Act 44 of 1958.-In the Merchant Shipping Act, 1958, in section 109, for the word "fifteen", the word "fourteen" shall be substituted. *26. Amendment of Act 27 of 1961.-In the Motor Transport Workers Act, 1961, in section 2, in clauses (a) and (c), for lhe word "fifteenth", the word ''fourteenth" shall be substituted. THE _SCHEDLfl.[_ (Ser secllon 3) PART A OCCUPATIONS An occupntion connected with- (1) Transport of p<~ssenger!>, goods or mails by railway; (2) Cinder picking, clearing of an 01sh pil or -building operation in the rnilw.:ty premises; (3) Work in,, catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one pl,1tform to <mother or into or out of a moving train; (4) Work relating to the construction of a railway station or with any other work where such work is done in dose proximity to or between the rililway lines; (5) A port authority within the limits of ilny port; 1[(6) Work relating to selling of crackers and fireworks in shops with temporary licences;] 2[(7) Abattoirs/slaughter Houses;] 3[(8) Automobile workshop and garages; (9) Foundries; (tO) Handling of toxic or inflammable substances or explosives; (11) Handloom and powerloom industry; (12) Mines (underground and underwater) and collieries; (13) Pl<Jstic units and fibreglass workshops;] '[(14) Employment of children as domestic workers or servants; (15) Employment of children in dhabas (road side eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres;] 5!(16) Diving;] 6!(17) Circus;] "[{18) Caring of Elephants.] PART B PROCESSES (1} Bidi-making; 7!{2) Carpet-weaving including preparatory and incidental process thereof;] ###### II (3) Cement manufactme, including bagging of cement; • 7[(4) Cloth printing, dyeing and weaving including proceses, preparatory and incidental thereto;] ###### • Sections 23 to 26 have been repealed _by section 2 and First Schedule_ of the Repealing and Amending Act, 2001 (30 of 2001) (w.c.f. 3-9-2001). The repeal by this Act shall not effect any ###### • other enactment in which the repealed ennctment has been applied, incorporated or referred to . ###### • I. Ins. by S.O. 40-!(E), dated 5th Jtme, 1989. • 2 Ins. by S.O. 263(E), dated 29th March, 1994. 3. Addcd by S.O. 36{E), dated 27th January, 1999. 4. Ins. by S.O. 17·12(E), dated lOth October, 2006 {w.e.f. 10-10-2006). ###### • 5. 6. Ins. Ins. by by S.O. S.O. 2280{E), 2469(E), dated 25th Septcmber, dated 8th October, 2010. 2008 (w.e.f. 25-9-2008) . • 7 . Subs. by S.O. 36{E), dated 27th January, 1999. • • ----- (5) Manufacture of matches, explosives and fire-works; (6) !\·lim-cutting and splitting; (7) Shellac manufacture; (B) Soap manufacture; (9) Tanning; ###### 1 (10) Wool-cleaning; 1[(11) Building and construction industry including processing and polishing of ##### l granilc stones;] 2[(12) Manufacture of slate pencils (including packing); (13) Manufacture of products from agate; (14) Manufacturing processes using loxic metals and substances, such us lead, mercury, mang<Jnese, chromium, cadmium, benzene, pesticides and asbestos;] 3[{15) 'Hazilrdous process' as defined in section 2 (cb) and 'dangerous operation' as notified in rules under section 87 of the Fnctories Act, 1948 (63 of 1948); (16) Printing as defined in section 2(k) (iv) of the Factories Act, 1948 (63 of 1948); (17) Ca&hew and cashewnut descallng and processing; (18) Soldering processes in electronics industries;] 4[(19) 'Aggarbatti' manufacturing; (20) Automobile repairs and maintenance including processes incidental thereto, namely, welding, lathe work, dent beating and painting; (21) Brick kilns and roof titles units; (22) Cotton ginning and processing and production of hosiery goods; (23} Detergent manufacturing; ###### i (24) Fabrication workshops (ferrous and non-ferrous); I (25) Gem cutting and polishing; (26) Handling of chromite and manag<~nese ores; (27) Jute textile manufacture and coir making; ### I (28) Lime kilns and manufacture of lime; ###### r (29) Lock making; ###### I (30) 1\ianufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint, burning of lead m ### I enOJmelling workshops, lead mining, plumbing, cable making, wire patenting, ###### I I mrs, lead casting, shot making type founding and lead in glass printing blowing; shops. Store type setting, assembling of (31) :-...tanufacture of cement pipes, cement products and other related work; (32) Manufacturiag of glass, glassware including bangles, f!ourescent tubes, bulbs ## I and other similar glass products; (33) Manufacture of dyes and dye stuff; (34) J"vJ,1nufacturing or handling of pesticides and insecticides; # ll ###### i i _1_ 1. Subs. by S.O. 397(E), dated 10th May, 2001. 2. Ins. _by_ S.O. 404(E), dated 5th Jtme, 1989. ###### f I .J.. 3. Added Ins. by S.O. by 5.0. 263(E), 36(E), dated 27th Jnnuary dJted 29th March, 1994. 1999. l i ----- (35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry; (36) l'vianufncturing of burning coal and coal briquettes; (37) Manufacturing of sports goods involving exposure io synthetic materials, chemicals and leather; (38) Moulding and processing of fibreglass and plastic; (39) Oil expelling and refinery; (40) Paper making; (41) Potteries and ceramic industry; (42) Polishing, moulding, cutting, welding and manufacture of brass goods in all forms; (43) Process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting; (44) Saw mill~all processes; (45) Sericulture processing; (46) Skinning, dyeing and processes for manufacturing of leather and leather products; (47) Stone breaking and stone crushing; (48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form; (49) Tyre making, repairing, re-treading and graphite benefkation; (50) Utensils making, polishing and metal buffing; (51) 'Z<~ri' milking (all processes);] 1[(52} Electropl<~ting; (53) Graphite powdering and incidental processing; (54) Grinding or glazing of metals; (55) Diamond cutting and polishing; (56) Extraction of slate h-om mines; (57) Rag picking and scavenging.] 2[(58) Proces._o:;es involving exposure to excessive heat (r.g. working near furnace) and cold; (59) Mechanised fishing; (60) Food ·Processing; (61) Beverage Industry; (62) Timber handling and loading; (63) Mechanical Lumbering; (64) Warehousing; (65) Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, <~gate industry.] 1. Ins. by 5.0. 397 (E), dated lOth May, 2001. 2. Ins. by 5.0. 2280(E), duted 25th September, 2008 (w.e.f. 25-9·2008). -----

18-Jun-1956

3

The Andaman and Nicobar Islands Protection of Aboriginal Tribal Regulation, 1956

https://www.indiacode.nic.in/bitstream/123456789/19311/1/pat_regualtion_1956.pdf

Andaman and Nicobar Islands

``` The Andaman and Nicobar Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. a, PORT BLAIR, SATURDAY, JUNE 30, 1956. OFFICE OF THE CHIEF COMMISSIONER Andaman and Nicobar Islands. - NOTIFICATION Port Blair, the 18th June 1956. No. 76/56—The following Regulation promulgated by the President under clause (2) of article 243 of the Constitution and published in the Gazette of India, Extra- ordinary, Part |, Section |, dated the 14th May 1956, is hereby re-published for general information : + - THE ANDAMAN AND ‘NICOBAR ISLANDS (PROTECTION OF ABORIGINAL TRIBES) REGULATION, 1956 No. 3 of 1958 + Promulgated by the President in the Seventh Year of the Republic of India. A Regulation to provide for tha protection of the interests -of socially and economically backward aboriginal trios in the Andaman and Nicobar Tslends. In exercise of the powers’ confented by ‘olembe (2) of article 243 of the Constitution, the President is! pleased to Pg the following, Regulation made by him: — « (1) This Regutation- muy be called the Andaman Short title, and hr Isiands . (#otecHon: of Aboriginal Filles) sxtent and commence Regulation, 1856, ment ``` ----- ``` Nicobar Islands. (=) It shall come into force on such date as the Chigf Commissioner may, by notification *, appoint. Definitions 2. In this Regulation, unless tha context otherwise requires, — (a) aboriginal tribe” means any of the following tribes or tribal communities in the Andaman and Nicobar Islands, and includes parts of, or groups within, such tribes or tribal communities, namely; Andamanese, Jarawas, Onges, Sentinelese, Nicobarese, and Shem Pens; Si —- (b} ** Chief Commissioner’ means the Chief Com- missioner of the Andaman and Nicobar Islands; (c) ** Deputy’ Commissioner ©° means the Deputy \ Commissioner of the Andaman and Nicobar Islands; {d) “notification” means a notification published in the Official Gazette ; (e) pass’ means a pass granted under section 7; and (f} reserved area’ means an area which the Chief Cominissioner has, by notification under section 3, declared 10 be a reserved area, Declaration 3. (1) The Chief Commissioner may, by notification, of reserved declared any area which is predominantly inhabited by area aboriginal tribes 10 be a reserved area and specity the Limits of such area; and may, from time to ‘ims, Hv [Ke manner, alter such limits. (2) If any question arises whether any area falls within or without a reserved area, it shall be decided by the Chief — = Commissioner and his decision shall be final. Allotment of «/ 4. No waste or unoccupied land at the disposal of the land for agri- Government in a reserved area shall be aljotted for agri cultural pur- BOsES. cultural purposes to any person other than a member of an aboriginal tribe : Provided that the Chief Commissioner may allot any such land to any person other than a member of an aboriginal tribe ee {a} if the Chief Commissioner is satisfied that such land is not required by any such member ; or (b) if in his opinion the allotment of land to a person | other than a member of an aboriginal tribe is necessary : for the purpose of consolidation of land or is otherwise | in the public interest, | Traosfer and 5. (1) No member of an aboriginal tribe shall, except attachment with the previous sanction of the Chief Commissioner, trans- | of land to be void ip cer- fer by way of sale, exchange, mortgage, lease or . herwise | tain cases any land to any person other than a member of an aboriginal tribe, ``` ----- ``` THE aMDAMAN & NICOBAR GAZETTE, EXTRAORDINARY, JUNE 30, 1956 3 (2) Noland held or occupied by a member of an aboriginal tribe shall be liable to attachment or sale in execution of any decrees or order of a civil or revenue court. (3) Any transfer, attachment or sale of any land made in contravention of this section shall be void. 6. (1) No person other than a member of an abori- Asgusition of ginal tribe shall, except with the previous sanction of the interestiniand, Chief Commissioner, Soquire any Interest In any lang etc on , and orpraae carry- situated in a reserved ardw Gr in any product of, or crop or business raised on, such land, oF SRA fider and in accor- dance with the terms and conditions of a licence granted va by the Chief Commissioner, carry on any trade or business in any such area, (2) The provisions of sub-section (1) shall apply to any person who, at the commencement of this Regulation, is carrying on any trade or business in any such area after the expiration of sixty days from such commencement. 7. The Chief Commissioner may, by notification, Eauy inte prohibit any person other than a member of an aboriginal feserved area tribe or any class of persons other than members of an aboriginal tribe from entering a reserved area excep! on the authority and subject to the observance of the conditions and restrictions of a pass granted by the Deputy Commissi- oner or by such other officer as the Deputy Commissioner may authorise in writing in this behalf, 8. (1) Whoever in contravention of the provisions of pesaliies section 6, acquires any interest in or in any product of, or crop raised on, any land, or carries on any trade or business, in a reserved area, shall be punishable with imprisonment which may extend to ons-year, or with fine which extend to one thousand rupees, or with both ; and the interest so acquired shall be disposed of in such ‘manner as the Chief Commissioner may, after taking into consideration the circumstances of the cease, direct, (2) Whoever, in contravention of a notification issued under section 7, enters a reserved area shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (3) Whoever, does anything in contravention of any of the conditions or restrictions subject to which a pass has been granted to him under section 7, shall be punish- able with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Pr (1) The Chief Commissioner, or any person autho- Procedure. rised by him in this behalf, may arrest without a warrant any person who has committed, or is suspected of having ``` ----- ``` 4 THE ANDAMAN & NICOBAR GAZETTE, EXTRADRDINARY, JUNE 30, 1: (2) Every person arrested under sub-section {1) shall be produced before the nearest magistrate within twanty- four hours of such arrest excluding the time necessary for the journey from the place of arrest. , Power to make 10. (1) The Chief Commissioner may, by notification, rides. make rules to carry out the purposes of this Regulation. (2) In particular, and without prejudice to the gene- rality of the foregoing power, such rules may provide for the form in which, the conditions and restrictions subject to which, and ths fee not exceeding rupees fifty on pay- ment of which, a pass under section 7 shall be granted. Regulation tn 11. The provisions of this Regulation and of any rule override other flaws. made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, or in any usage or agreement, or in any decree or order of any court or other authority. RAJENDRA PRASAD, President. K.Y. BHANDARKAR, Secy. ta the Govt. of India. By order, RAM SARAN DAS, Assistant Secretary {Judicial} to the Chief Commissioner, : A & N. Islands OFFICE OF THE CHIEF COMMISSIONER, ANDAMAN AND NICOBAR [ISLANDS NOTIFICATION Port Bialr, the 19th June 1556, No. ANPATR.1(3) 1.— In exercise of the powers conferred by sub.se section 1 of the Andaman and Nicobar Islands (Protection of Aboriginal Trib tion, 1/56 No. 3 of 1858), the Chief Commissioner, Andaman and Nico pleased to appoint the first day of July 1956 to he the date from whi Regulation shall come into force, C. RAMACHANDRZ Chief Commissioner, A. & N. [F. 1-88(1;/84-8 G.P. 71/58 ``` ----- ``` 0 THE ANDAMAN & NICOBAR GAZETTE, EXTRADRDINARY, APRIL 2, 1957 Ranger's Channel along the Bush Police Line subject to an adjustm that the line may coincide with an alignment to be aligned by Andaman and Nicobar Islands Forest Department in Porlob and Bor Yol areas between the Yeratil'Charalungta Bush Police posts provi that sufficient land is left to the west of such alignment on the east side of the Range to provide enough hunting ground to Jarawas w they are on the move and bearing in mind the suitability of s alignment, from the point of view of water and terrain, asa pe path. (c) The entire area comprised in, and enclosed within the coast line of e of the following Islands, (i) Rutiand. (ir) North Sentinel, (iti) Cinque, (iv) Passage. (v) Sisters. (vi) Brothers. (vii) South Sentinel and other Islands and Islets situated south ware the territory of the Andaman and Nicobar Islands upto anc cluding Little Andaman, (d) The entire area comp:ised in, and enclosed within the coast lini each of the following Is'ands but excluding the area comprising air-field in Car Nicobar and the ports of Camorta and Car Nicobar: (i; Car Nicobar. (ii) Batti Maly, (iii) Chowra, (iv) Tilangchong. (v) Terassa, (vi) Bompoka, (vil) Camorta. (viii) Trinkat, {ix) Nancowry. {x) Katchali. (xi) Meroe. (xii) Trak, | (xiii) Treis. | (xiv) Menchal. | (xv) Little Nicobar, | (xvi) Pulo Milo. (xvii) Great Nicobar (xviii) Kondul, (xix) Kabra, T. G. N. AYYAR, : Chief Commissioner, A & N. Islands | ``` -----

25-Oct-1980

69

The Forest Conservation Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/19317/1/a1980-69_0.pdf

Andaman and Nicobar Islands

# THE FOREST (CONSERVATION) ACT, 1980 ________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title, extent and commencement. 2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. 3. Constitution of Advisory Committee. 4. Power to make rules. 5. Repeal and saving. 1 ----- # THE FOREST (CONSERVATION) ACT, 1980 ACT NO. 69 OF 1980 [27th December, 1980.] # An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Forest (Conservation)** Act, 1980. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 25th day of October, 1980. **2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.—** Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing— (i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any non-forest purpose. _Explanation.—For the purposes of this section “non-forest purpose” means the breaking up or_ clearing of any forest land or portion thereof for any purpose other than reafforestation. **3.** **Constitution of Advisory Committee.—The Central Government may constitute a Committee** consisting of such number of persons as it may deem fit to advise that Government with regard to— (i) the grant of approval under section 2; and (ii) any other matter connected with the conservation of forests which may be referred to it by the Central Government. **4. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **5. Repeal and saving.—(1) The Forest (Conservation) Ordinance, 1980 (17 of 1980) is hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 2 -----

26-Jan-1950

240

The Article 240 of constitution

https://www.indiacode.nic.in/bitstream/123456789/19312/1/new_doc_document.pdf

Andaman and Nicobar Islands

Article 240 in The Constitution Of India 1949 240. Power of President to make regulations for certain Union territories [(1) The President may make regulations for the peace, progress and good government of the Union](https://indiankanoon.org/doc/1952179/) territory of [(a) the Andaman and Nicobar Islands;](https://indiankanoon.org/doc/1152652/) [(b) Lakshadweep;](https://indiankanoon.org/doc/582864/) [(c) Dadra and Nagar Haveli;](https://indiankanoon.org/doc/714852/) [(d) Daman and Diu;](https://indiankanoon.org/doc/48426/) [(e) Pondicherry; Provided that when any body is created under Article 239A to function as a](https://indiankanoon.org/doc/1942672/) Legislature for the Union territories of Pondicherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature: Provided further that whenever the body functioning as a Legislature for the Union territory of Pondicherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause ( 1 ) of Article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory [(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law](https://indiankanoon.org/doc/466661/) which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory -----

18-Aug-1984

52

The Indian Veterinary Council Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/19251/1/a1984-52.pdf

Andaman and Nicobar Islands

# THE INDIAN VETERINARY COUNCIL ACT, 1984 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short titles, extent and commencement. 2. Definitions. CHAPTER II INDIAN VETERINARY COUNCIL 3. Establishment and composition of the Council. 4. Mode of election of members. 5. Term of office of President, Vice-President and members. 6. Cessation of membership. 7. Casual vacancies. 8. Resignation. 9. Meetings of the Council. 10. Vacancies in the Council not to invalidate acts, etc. 11. Appointment of Secretary and other officers or servants. 12. Executive Committee and other Committees. 13. Fees and allowances. 14. Information to be furnished by the Council and publication thereof. 15. Recognition of veterinary qualifications granted by veterinary institutions in India. 16. Recognition of veterinary qualifications granted by veterinary institutions in countries with which there is a scheme of reciprocity. 17. Special provisions in certain cases for recognition of veterinary qualifications granted by veterinary institutions in countries with which there is no scheme of reciprocity. 18. Power to require information as to courses of study and examinations. 19. Inspection of veterinary institutions and examinations. 20. Appointment of visitors. 21. Withdrawal of recognition. 22. Minimum standards of veterinary education. CHAPTER III INDIAN VETERINARY PRACTITIONERS REGISTER 23. Indian veterinary practitioners register. 24. Registration in the Indian veterinary practitioners register. 1 ----- SECTIONS 25. Issue of certificate of registration. 26. Registration of additional qualifications. 27. Removal of names from the Indian veterinary practitioners register. 28. Person enrolled on Indian veterinary practitioners register to notify change of place of residence or practice. CHAPTER IV PRIVILEGES OF REGISTERED VETERINARY PRACTITIONERS 29. Privileges of persons, who are enrolled on the Indian veterinary practitioners register. 30. Right of persons who are enrolled on the Indian veterinary practitioners register. CHAPTER V DISCIPLINE 31. Professional conduct. CHAPTER VI STATE VETERINARY COUNCILS 32. Establishment and composition of State Veterinary Councils. 33. Inter-State agreements. 34. Composition of Joint State Veterinary Councils. 35. Incorporation of State Veterinary Councils. 36. President. 37. Mode of elections. 38. Terms of office and causal vacancies. 39. Resignation. 40. Executive and other Committees. 41. Fees and allowances. 42. Appointment of Registrar and other officers or servants. 43. Information to be furnished by State Veterinary Council. CHAPTER VII REGISTRATION 44. Preparation and maintenance of State veterinary practitioners register. 45. First preparation of register. 46. Qualifications for entry on preparation of register. 47. Scrutiny of applications for registration. 48. Renewal fees. 49. Removal from the register. 50. Restoration to State veterinary register. 51. Printing of State veterinary register. 2 ----- CHAPTER VIII MISCELLANEOUS SECTIONS 52. Transfer of registration. 53. Bar of jurisdiction. 54. Issue of duplicate certificates. 55. Penalty for falsely claiming to be registered. 56. Misuse of titles. 57. Practice by unregistered persons. 58. Failure to surrender certificate of registration. 59. Cognizance of offence. 60. Bar of suit and other legal proceedings. 61. Payment of part of fees to Council. 62. Accounts and audit. 63. Appointment of Commission of Inquiry. 64. Power of Central Government to make rules. 65. Power of State Government to make rules. 66. Power to make regulations. 67. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 3 ----- # THE INDIAN VETERINARY COUNCIL ACT, 1984 ACT NO. 52 OF 1984 [18th August, 1984.] # An Act to regulate veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of the veterinary practitioners and for matters connected therewith. WHEREAS it is expedient to make provision for the regulation of veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of persons qualified to engage in veterinary practice for the whole of India and for matters connected therewith or ancillary thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short titles, extent and commencement.—(1) This Act may be called the Indian Veterinary** Council Act, 1984. (2) It extends, in the first instance, to the whole of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan and to all Union territories[1]; and it shall also extend to such other States as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution. (3) It shall come into force in a State or Union territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different States or Union territories. **2. Definitions.— In this Act, unless the context otherwise requires,—** (a) “Council” means the Veterinary Council of India established under section 3; (b) “member” means a member of the Council; (c) “prescribed” means prescribed by rules made under this Act; (d) “President” means the President of the Council; (e) “recognised veterinary qualification” means any of the veterinary qualifications included in the First Schedule or the Second Schedule; (f) “register” means a register maintained under this Act; (g) “registered veterinary practitioner” means a person whose name is for the time being duly registered in a register; (h) “regulation” means a regulation made under this Act; 1. Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 4 ----- (i) “State Veterinary Council” means a Veterinary Council established under section 32 and includes a Joint State Veterinary Council established in accordance with an agreement under section 33; (j) “veterinary institution” means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry; (k) “veterinary medicine” means modern scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics; (l) “Vice-President” means the Vice-President of the Council. CHAPTER II INDIAN VETERINARY COUNCIL **3. Establishment and composition of the Council.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called the Veterinary Council of India. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued. (3) The Council shall consist of the following members, namely:— (a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends; (b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the States to which this Act extends; (c) one member to be nominated by the Indian Council of Agricultural Research; (d) the Animal Husbandry Commissioner, Government of India, ex officio; (e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry; (f) one member to be nominated by the Indian Veterinary Association; (g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register; (h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends; (i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends; (j) Secretary, Veterinary Council of India, ex officio. (4) The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations. (5) Whenever there is a vacancy in the office of the President, the Vice-President shall discharge the functions of the President. (6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette. (7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification. **4. Mode of election of members.—(1) An election under clause (g) of sub-section (3) of section 3** shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the Indian veterinary 5 ----- practitioners register in accordance with the provisions of this Act, the members referred to in that clause may be nominated by the Central Government instead of being elected as provided therein. (2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final. **5. Term of office of President, Vice-President and members.—(1) The President or Vice-President** shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as a member. (2) Subject to the provisions of this section, a member, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer. (3) Members of the Council shall be eligible for re-nomination or re-election. (4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired. **6. Cessation of membership.—(1) A member shall be deemed to have vacated his office—** (a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council; (b) if he ceases to hold the post from which he has been nominated; (c) in the case of a member elected under clause (g) of sub-section (3) of section 3, if he ceases to be a person enrolled in the register; (d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment; (e) if he is an undischarged insolvent; (f) if he is of unsound mind and stands so declared by a competent court. (2) On the occurrence of a vacancy referred to in sub-section (1), the President shall forthwith report the fact of such vacancy to the Central Government and thereafter that Government may, subject to the proviso to section 7, take necessary steps to fill such vacancy. **7. Casual vacancies.—A casual vacancy in the Council shall be filled by nomination or election, as** the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected: Provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section. **8. Resignation.—(1) The President or Vice-President may at any time resign his office by notice in** writing addressed to the Council and delivered to the Secretary and the resignation shall take effect from the date on which it is accepted by the Council or on the expiry of ninety days from the date of receipt of the resignation by the Secretary, whichever is earlier. (2) A member may at any time resign his office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier. **9. Meetings of the Council.—(1) The Council shall meet at least twice in a year at such time and** place as may be appointed by the Council. (2) The quorum necessary for the transaction of business at a meeting of the Council shall be nine. (3) The President when present shall preside at every meeting of the Council and in his absence the Vice-President and in the absence of both any other member elected by the members present from amongst themselves shall preside at such meeting. 6 ----- (4) Save as otherwise provided in this Act, all questions which come up before any meeting of the Council shall be decided by a majority of the members present and voting. (5) In the case of an equality of votes, the President shall have a casting vote. (6) Subject to the provisions of sub-sections (1) to (5), the Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations. **10. Vacancies in the Council not to invalidate acts, etc.—No act or proceeding of the Council shall** be invalid by reason only of the existence of a vacancy in the council or on account of any defect or irregularity in its constitution. **11. Appointment of Secretary and other officers or servants.—(1) The Council may, with the** previous sanction of the Central Government, appoint a Secretary (who shall also act as Treasurer unless the Council appoints any other person as Treasurer) and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act. (2) The terms and conditions of service of the Secretary, other officers and employees appointed by the Council shall be such as may be provided by regulations. (3) The Secretary, officers and other employees of the Council shall be deemed to the public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (4) All orders and decisions and other instruments of the Council shall be authenticated by the signature of the Secretary or any other officer of the Council duly authorised by it in this behalf. **12. Executive Committee and other Committees.—(1) The Council shall appoint from among its** members an Executive Committee and may constitute other Committees for such general or specific purposes as the Council considers necessary and may co-opt any person or persons specially qualified to advise on any matter to any Committee other than the Executive Committee. (2) A Committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. **13. Fees and allowances.—The President and other members and the members of the Committees** (other than the members of the Council) shall be paid such fees and allowances for attending the meetings of the Council and the Committees as may be provided by regulations. **14. Information to be furnished by the Council and publication thereof.—(1) The Council shall** furnish such reports, copies of its minutes, abstract of its accounts and other information to the Central Government as that Government may require. (2) The Central Government may publish in such manner as it may think fit any report, copy, abstract or other information furnished to it under this section. **15. Recognition of veterinary qualifications granted by veterinary institutions in India.—(1) The** veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised veterinary qualifications for the purposes of this Act. (2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date. **16. Recognition of veterinary qualifications granted by veterinary institutions in countries with** **which there is a scheme of reciprocity.—(1) The veterinary qualifications granted by veterinary** institutions outside India which are included in the Second Schedule shall be recognised veterinary qualifications for the purposes of this Act. 7 ----- (2) The Council may enter into negotiations with the authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to include therein the veterinary qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date. (3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date. (4) Where the Council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in sub-section (2) and the authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification. **17. Special provisions in certain cases for recognition of veterinary qualifications granted by** **veterinary institutions in countries with which there is no scheme of reciprocity.—(1) The Central** Government, after consultation with the Council, may, by notification in the Official Gazette, direct that the veterniary qualifications granted by veterinary institutions in any country outside India in respect of which a scheme of reciprocity for the recognition of veterinary qualifications is not in force shall be recognised veterinary qualification for the purposes of this Act or shall be so only when granted after a specified date: Provided that veterinary practice by persons possessing such qualifications— (a) shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country; (b) shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work; and (c) shall be limited to the period specified in this behalf by the Central Government by general or special order. (2) In respect of any such veterinary qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that it shall be a recognised veterinary qualification only when granted before a specified date. **18. Power to require information as to courses of study and examinations.—Every veterinary** institution in a State which grants a recognised veterinary qualification shall furnish such information as the Council may from time to time require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification. **19. Inspection of veterinary institutions and examinations.—(1) A Committee constituted under** section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that veterinary institution. 8 ----- (2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. (3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the Central Government. **20. Appointment of visitors.—(1) The Council may appoint such number of visitors as it may deem** requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of granting any recognised veterinary qualification. (2) Any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination. (3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. (4) The report of a visitor shall be treated as confidential unless in any particular case the President otherwise directs: Provided that if the Central Government requires a copy of the report of the visitor, the Council shall furnish the same. **21. Withdrawal of recognition.—(1) When upon report by the Committee or the visitor, it appears** to the Council— (a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. the Council shall make a representation to that effect to the Central Government. (2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government. (3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government. (4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date: Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research. 9 ----- **22. Minimum standards of veterinary education.—(1) The Council may, by regulations, specify** the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those States to which this Act extends. (2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to the State Government concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State Government received within three months from the furnishing of the copies as aforesaid. (3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research. (4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit. CHAPTER III INDIAN VETERINARY PRACTITIONERS REGISTER **23. Indian veterinary practitioners register.—(1) The Council shall, as soon as may be after the** commencement of this Act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the Indian veterinary practitioners register which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a State veterinary register of the State to which this Act extends. (2) It shall be the duty of the Secretary of the Council to keep the Indian veterinary practitioners register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India or in such other manner as may be provided by regulations. (3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India. (4) Each State Veterinary Council shall furnish to the Council six printed copies of the State veterinary register as soon as may be after the 1st day of April of each year and each State Veterinary Council shall inform the Council without delay of all additions to, and other amendments in, the State veterinary register made from time to time. **24. Registration in the Indian veterinary practitioners register.—The Secretary of the Council** may, on receipt of the report of registration of a person in a State veterinary register or on an application made in such form and in such manner, as may be provided by regulations, by any such person, enter his name in the Indian veterinary practitioners register: Provided that the Secretary is satisfied that the person concerned possesses a recognised veterinary qualification. **25. Issue of certificate of registration.—(1) Any person whose name has been entered in the Indian** veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to a certificate of registration. (2) On receipt of an application under sub-section (1), the Council shall grant to the applicant a certificate of registration in such form as may be provided by regulations: Provided that on the removal of his name from a register, such certificate shall cease to be valid. (3) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations. 10 ----- **26. Registration of additional qualifications.—(1) If any person whose name is entered in the** Indian veterinary practitioners register obtains any post-graduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to have an entry stating such degree or diploma made against his name in such register in addition to any entry previously made. (2) The entries in respect of any such person in a State veterinary register shall be altered in accordance with the alterations made in the Indian veterinary practitioners register. **27. Removal of names from the Indian veterinary practitioners register.—If the name of any** person enrolled on a State veterinary register is removed therefrom in pursuance of any power conferred under this Act, the Council shall direct the removal of the name of such person from the Indian veterinary practitioners register. **28. Person enrolled on Indian veterinary practitioners register to notifychange of place of** **residence or practice.—Every person registered in the Indian veterinary practitioners register shall notify** any transfer of the place of his residence or practice to the Council and the State Veterinary Council within ninety days of such transfer, failing which his right to participate in the election of members of the Council or a State Veterinary Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein. CHAPTER IV PRIVILEGES OF REGISTERED VETERINARY PRACTITIONERS **29. Privileges of persons, who are enrolled on the Indian veterinary practitioners register.—** Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian veterinary practitioners register shall be entitled according to his qualifications to practise as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled. **30. Right of persons who are enrolled on the Indian veterinary practitioners register.—No** person, other than a registered veterinary practitioner, shall— (a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority; (b) practise veterinary medicine in any State: Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services. _Explanation.—“Minor veterinary services” means the rendering of preliminary veterinary aid,_ like, vaccination, castration, and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the Official Gazette, specify in this behalf; (c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to veterinary medicine. 11 ----- CHAPTER V DISCIPLINE **31. Professional conduct.—(1) The Council may, by regulations, specify standards of professional** conduct and etiquette and a code of ethics for veterinary practitioners. (2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force. CHAPTER VI STATE VETERINARY COUNCILS **32. Establishment and composition of State Veterinary Councils.—(1) Except where a Joint State** Veterinary Council is established in accordance with an agreement made under section 33, the State Government shall establish a State Veterinary Council consisting of the following members, namely:— (a) four members elected from among themselves by veterinary practitioners registered in the State veterinary register; (b) the heads of veterinary institutions, if any, in the State, ex officio; (c) three members nominated by the State Government; (d) the Director of Veterinary Services of the State (by whatever name called), ex officio; (e) one member to be nominated by the State Veterinary Association, if any; (f) Registrar of the State Veterinary Council, ex officio. (2) The names of persons nominated or elected as members shall be notified by the State Government in the Official Gazette. (3) A person shall not be qualified for nomination or election as a member of the State Veterinary Council unless he holds a recognised veterinary qualification. **33. Inter-State agreements.—(1) Two or more State Governments may enter into an agreement to** be in force for such period and to be subject to renewal for further periods, if any, as may be specified in the agreement to provide— (a) for the establishment of a Joint State Veterinary Council for all participating States; or (b) for the State Veterinary Council of one State to serve the needs of the other participating States. (2) In addition to such matters as are in this Act specified, an agreement under this section may— (a) provide for the apportionment between the participating States of the expenditure in connection with the State Veterinary Council or Joint State Veterinary Council; (b) determine which of the participating State Governments shall exercise the several functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly; (c) provide for consultation between the participating State Governments either generally or with reference to particular matters arising under this Act; (d) make such incidental and ancillary provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. (3) An agreement under this section shall be published in the Official Gazettes of the participating States. 12 ----- **34. Composition of Joint State Veterinary Councils.—(1) A Joint State Veterinary Council shall** consist of the following members, namely:— (a) two members elected from among themselves by veterinary practitioners registered in the register of each of the participating States; (b) the heads of veterinary institutions, if any, in the participating States, ex officio; (c) two members nominated by each participating State Government; (d) the Director of Veterinary Services of each of the participating States, by whatever name called, ex officio; (e) one nominee of the State Veterinary Associations, if any, of each of the participating States; (f) Registrar of the Joint State Veterinary Council, ex officio. (2) The names of the persons nominated or elected as members shall be notified by the State Governments in the Official Gazettes of the States. (3) A person shall not be qualified for nomination or election as a member of the Joint State Veterinary Council unless he holds a recognised veterinary qualification. **35. Incorporation of State Veterinary Councils.—Every State Veterinary Council shall be a body** corporate by such name as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Veterinary Council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue or be sued. **36. President.—The President of the State Veterinary Council shall be elected by the members of** that Council from amongst themselves in such manner as may be prescribed. **37. Mode of elections.—The election under this Chapter shall be conducted in the prescribed manner** and where any dispute arises regarding any such election, it shall be referred to the State Government for its decision. **38. Terms of office and causal vacancies.—(1) Subject to the provisions of this section, a member** of the State Veterinary Council, other than an _ex officio_ member, shall hold office for a term of three years from the date of his election or nomination to the State Veterinary Council or until his successor has been duly elected or nominated, whichever is longer: Provided that a member of the State Veterinary Council nominated under clause (c) of sub-section (1) of section 32 or clause (c) of sub-section (1) of section 34, shall hold office during the pleasure of the authority nominating him. (2) Members of the State Veterinary Council shall be eligible for re-election or re-nomination, as the case may be. (3) An elected or nominated member of the State Veterinary Council shall be deemed to have vacated his office— (a) if he is absent without excuse, sufficient in the opinion of the State Veterinary Council, from three consecutive meetings of the State Veterinary Council; (b) if he ceases to hold the office from which he has been nominated; (c) in the case of a member whose name is required to be included in any State veterinary register, if his name is removed from the register; (d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment; (e) if he is an undischarged insolvent; (f) if he is of unsound mind and stands so declared by a competent court. 13 ----- (4) No act done by the State Veterinary Council shall be called in question on the ground merely of the existence of any vacancy, or defect, in the establishment of, the State Veterinary Council. (5) A casual vacancy in the State Veterinary Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. (6) The State Veterinary Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. **39. Resignation.—(1) The President of the State Veterinary Council may at any time resign his office** by notice in writing addressed to the State Veterinary Council and delivered to the Registrar and the resignation shall take effect from the date on which it is accepted by that Council or on the expiry of ninety days from the date of receipt of the resignation by the Registrar, whichever is earlier. (2) A member of the State Veterinary Council may at any time resign his office by notice in writing addressed to the President of the State Veterinary Council and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier. **40. Executive and other Committees.—Subject to such conditions and restrictions as may be** prescribed, the State Veterinary Council may constitute an Executive Committee and other Committees for exercising any power or discharging any duty of the State Veterinary Council or for inquiring into, reporting with respect to, or advising on, any matter which the State Veterinary Council may refer to them. **41. Fees and allowances.—The President and other members of the State Veterinary Council and the** members of the Committees (other than the members of the State Veterinary Council) shall be paid such fees and allowances for attending the meetings of the State Veterinary Council and the Committees as may be prescribed. **42. Appointment of Registrar and other officers or servants.—(1) The State Veterinary Council** may, with the previous sanction of the State Government, appoint a Registrar who shall also act as Treasurer unless the State Veterinary Council appoints any person as Treasurer and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act. (2) The terms and conditions of service of the Registrar, and of the other officers and employees appointed by the State Veterinary Council shall be such as may be prescribed. (3) The Registrar and other officers and employees of the State Veterinary Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (4) All orders and decisions and other instruments of the State Veterinary Council shall be authenticated by the signature of the Registrar or any other officer of the State Veterinary Council duly authorised by it in this behalf. (5) Notwithstanding anything contained in sub-section (1), for the first two years from the first constitution of the State Veterinary Council the Registrar of the State Veterinary Council shall be a person appointed by the State Government, who shall hold office during the pleasure of the State Government. **43. Information to be furnished by State Veterinary Council.—(1) The State Veterinary Council** shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee and abstract of its accounts to the State Government as the State Government may from time to time require and shall forward to the Council copies of all material so furnished to the State Government. (2) The State Government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section. 14 ----- CHAPTER VII REGISTRATION **44. Preparation and maintenance of State veterinary practitioners register.—(1) The State** Government shall as soon as may be cause to be prepared in the manner hereinafter provided a register of veterinary practitioners to be known as the State veterinary register for the State. (2) The State Veterinary Council shall on its establishment assume the duty of maintaining the State veterinary register in accordance with the provisions of this Act. (3) The State veterinary register shall contain the names of the persons possessing the recognised veterinary qualifications. (4) The State veterinary register shall include the following particulars, namely:— (a) the full name, nationality and residential address of the registered person; (b) the date of his admission in the State veterinary register; (c) his qualification for registration and the date on which he obtained such qualification and authority which conferred it; (d) his professional address; and (e) such further particulars as may be prescribed. **45. First preparation of register.—(1) For the purpose of first preparing the State veterinary** register, the State Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons holding recognised veterinary qualifications and shall also appoint a Registrar who shall act as Secretary of the Tribunal. (2) The State Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, not exceeding twenty-five rupees, shall be made to the Registration Tribunal. (3) The Registration Tribunal shall examine every application received on or before the appointed date, and, if it is satisfied that the applicant is qualified for registration under section 46, shall direct the entry of the name of the applicant on the register. (4) The register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the State Government in this behalf by notification in the Official Gazette. (5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. (6) Upon the establishment of the State Veterinary Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Veterinary Council. **46. Qualifications for entry on preparation of register.—A person shall be entitled, on payment of** the prescribed fee not exceeding twenty-five rupees, to have his name entered on the State veterinary register if he resides in the State and if he holds a recognised veterinary qualification. **47. Scrutiny of applications for registration.—(1) After the date appointed for the receipt of** applications for registration under sub-section (2) of section 45, all applications for registration shall be addressed to the Registrar of the State Veterinary Council and shall be accompanied by the prescribed fee not exceeding twenty-five rupees. (2) If upon such application the Registrar of the State Veterinary Council is of the opinion that the applicant is entitled to have his name entered on the State veterinary register, he shall enter thereon the name of the applicant: 15 ----- Provided that no person, whose name has under the provisions of this Act been removed from the State veterinary register of any State, shall be entitled to have his name entered on the State veterinary register of another State except with the approval of the State Veterinary Council from whose register his name was removed. (3) Any person whose application for registration is rejected by the Registrar of the State Veterinary Council may, within three months from the date of such rejection, appeal to the State Veterinary Council. (4) A person aggrieved by the decision of the State Veterinary Council under sub-section (3) may, within sixty days from the communication to him of such decision, appeal to the State Government. (5) Upon entry in the State veterinary register of a name under this section, the Registrar of the State Veterinary Council shall issue a certificate of registration in the prescribed form. **48. Renewal fees.—(1) The State Government may, by notification in the Official Gazette, direct that** for the retention of a name in the State veterinary register, there shall be paid in every five years to the State Veterinary Council, such renewal fee, not exceeding fifteen rupees, as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid before the 1st day of April of the year to which it relates. (2) Where a renewal fee is not paid within the said period, the Registrar of the State Veterinary Council shall remove the name of the defaulter from the State veterinary register: Provided that a name so removed may be restored to the said register on payment of renewal fee in such manner as may be prescribed. (3) On payment of the renewal fee, the Registrar of the State Veterinary Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration. **49. Removal from the register.—(1) Subject to the provisions of this section, the State Veterinary** Council may order that the name of any person shall be removed from the State veterinary register where it is satisfied after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make— (a) that his name has been entered in the State veterinary register by error or on account of mis representation or suppression of a material fact, or (b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the State Veterinary Council renders him unfit to be kept in the said register. (2) An order under sub-section (1) may direct that any person whose name is ordered to be removed from the State veterinary register shall be ineligible for registration under this Act, either permanently or for such period of years as may be specified. (3) An order under sub-section (1) shall not take effect until the expiry of three months from the date thereof or until an appeal, if any on such order is finally disposed of, whichever date is later. (4) A person aggrieved by an order under sub-section (1) may, within sixty days from the communication to him of such order, appeal to the Council. (5) A person aggrieved by the decision of the Council under sub-section (4) may, within sixty days from the communication to him of such decision, appeal to the Central Government. (6) A person whose name has been removed from the register under this section or under sub-section (2) of section 48 shall forthwith surrender his certificate of registration and certificate of renewal, if any, to the Registrar of the State Veterinary Council and the name so removed shall be published in the Official Gazette. (7) A person whose name has been removed from the State veterinary register under this section or sub-section (2) of section 48 shall not be entitled to have his name registered in the State veterinary 16 ----- register or in any other State veterinary register, except with the approval of the State Veterinary Council from whose register his name has been removed. **50. Restoration to State veterinary register.—The State Veterinary Council may, at any time for** reasons appearing to it sufficient and subject to approval of the Council, order that upon payment of the prescribed fee not exceeding twenty-five rupees, the name of a person removed from a State veterinary register shall be restored thereto. **51. Printing of State veterinary register.—As soon as may be after the 1st day of April each year,** the Registrar of the State Veterinary Council shall cause to be printed copies of the State veterinary register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of the prescribed charge not exceeding ten rupees and shall be evidence that on the said date the persons whose names are entered therein were registered veterinary practitioners. CHAPTER VIII MISCELLANEOUS **52. Transfer of registration.—Where a registered veterinary practitioner of one State is practising** veterinary medicine in another State, he may, on payment of prescribed fee which shall not exceed the renewal fee for registration in such other State, make an application in the prescribed form to the Council for the transfer of his name from the State veterinary register of the State where he is registered to the State veterinary register of the State in which he is practising veterinary medicine, and on receipt of any such application, the Council shall, notwithstanding anything contained elsewhere in this Act, direct that the name of such person be removed from the first-mentioned State veterinary register and entered in the State veterinary register of the second-mentioned State and the State Veterinary Councils concerned shall comply with such direction: Provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former State have been paid: Provided further that where any such application for transfer is made by a veterinary practitioner against whom any disciplinary proceeding is pending or where for any other reason it appears to the Council that the application for transfer has not been made bona fide and the transfer should not be made, the Council may, after giving the veterinary practitioner a reasonable opportunity of making a representation in this behalf, reject the application. **53. Bar of jurisdiction.—No order refusing to enter a name in a register or removing a name from a** register shall be called in question in any court. **54. Issue of duplicate certificates.—Where it is shown to the satisfaction of the Registrar of the** State Veterinary Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the Registrar may, on payment of the prescribed fee, not exceeding ten rupees, issue a duplicate certificate in the prescribed form. **55. Penalty for falsely claiming to be registered.—If any person whose name is not for the time** being entered in a register falsely represents that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. **56. Misuse of titles.—If any person,—** (a) not being a person registered in a register, takes or uses the description of a veterinary practitioner, or (b) not possessing a recognised veterinary qualification, uses a degree or a diploma or a licence or an abbreviation indicating or implying such qualification, 17 ----- he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both. **57. Practice by unregistered persons.—(1) After the expiry of one year from the date appointed** under sub-section (2) of section 45, no person, other than a registered veterinary practitioner or a person permitted by the State Government under the proviso to clause (b) of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that State. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both. **58. Failure to surrender certificate of registration.—If any person whose name has been removed** from a register fails without sufficient cause forthwith to surrender his certificate of registration or certificate of renewal, or both, he shall be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with an additional fine which may extend to ten rupees per day after the first day during which the offence continues. **59. Cognizance of offence.—No court shall take cognizance of any offence punishable under this** Act except upon complaint made by order of the State Government or State Veterinary Council. **60. Bar of suit and other legal proceedings.—No suit or other legal proceedings shall lie against the** Central Government or the State Government or the Council or a State Veterinary Council in respect of anything which is in good faith done or intended to be done in pursuance of this Act, or of any rules, regulations or orders made thereunder. **61. Payment of part of fees to Council.—The State Veterinary Council shall, before the end of June** in each year, pay to the Council a sum equivalent to one-fourth of the total fees realised by the State Veterinary Council under this Act during the period of twelve months ending on the 31st day of March of that year. **62. Accounts and audit.—(1) The Council shall maintain appropriate accounts and other relevant** records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Council to the Comptroller and AuditorGeneral of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the Council. (4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. (5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be forwarded simultaneously to the Council. **63. Appointment of Commission of Inquiry.—(1) Whenever it appears to the Central Government** that the Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Inquiry consisting of three persons, two of whom shall be appointed by the 18 ----- Central Government, one being the Judge of a High Court and one by the Council and refer to it the matter on which the inquiry is to be made. (2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend. (3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration. (4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission. (5) Whenever it appears to the State Government that the State Veterinary Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4). **64. Power of Central Government to make rules.—(1) The Central Government may, by** notification in the Official Gazette, make rules to carry out the purposes of Chapters II, III, IV and V. (2) Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **65. Power of State Government to make rules.—(1) The State Government may, by notification in** the Official Gazette, make rules to carry out the purposes of Chapters VI, VII and VIII. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the President of the State Veterinary Council shall be elected under section 36; (b) the manner in which election under Chapter VI shall be conducted; (c) the procedure to be observed by the State Veterinary Council at its meetings under sub-section (6) of section 38; (d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40; (e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41; (f) the terms and conditions of appointment of the Registrar, other officers and employees of the State Veterinary Council under sub-section (2) of section 42; (g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44; (h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section (1) of section 47; (i) the form of certificate of registration under sub-section (5) of section 45 and sub-section (5) of section 47; 19 ----- (j) the fee payable under section 46, section 50, section 52 and section 54; (k) the renewal fee under sub-section (1) of section 48; (l) the manner of payment of renewal fee under the proviso to sub-section (2) of section 48; (m) the charge for supplying printed copies of the State veterinary register under section 51; (n) the form of duplicate certificate under section 54; (o) any other matter which is to be or may be prescribed under Chapters VI, VII and VIII. (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House. **66. Power to make regulations.—(1) The Council may, with the previous approval of the Central** Government, make regulations, not inconsistent with the provisions of this Act and the rules made under section 64, to carry out the purposes of Chapters II, III, IV and V. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3; (b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12; (c) the terms and conditions of appointment of the Secretary, other officers and employees of the Council under sub-section (2) of section 11; (d) the fees and allowances for attending the meetings of the Council and the Committees under section 13; (e) the form and manner in which the Indian veterinary practitioners register shall be maintained under sub-section (1) of section 23; (f) the manner of keeping the Indian veterinary practitioners register under sub-section (2) of section 23; (g) the form and manner in which an application may be made under section 24; (h) the form of application and the fee payable under sub-section (1) of section 25; (i) the form of certificate of registration under sub-section (2) of section 25; (j) the fee payable under sub-section (3) of section 25; (k) the form of duplicate certificate under sub-section (3) of section 25; (l) the form and manner in which an application may be made and the fee payable under sub section (1) of section 26; (m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub-section (1) of section 31; (n) any other matter for which under this Act provision may be made by regulations. (3) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 20 ----- modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. **67. Repeal and saving.—As from the commencement of this Act in any State, every other Act** relating to any matter contained in this Act and in force in that State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such repeal as if such other Act were a Central Act. 21 ----- THE FIRST SCHEDULE [See section 2(e) and section 15] RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY UNIVERSITIES OR VETERINARY INSTITUTIONS IN INDIA University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 DEGREES 1. Agra University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 2. Andhra Pradesh Agricultural University Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 3. Assam Agricultural University Bachelor of Veterinary Science and Animal Husbandry 4. Bidhan Chandra KrishiViswaVidyalaya Bachelor of Veterinary Science and Animal Husbandry 5. University of Bihar Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. sc. & A.H. B. V. Sc. & A.H. 6. University of Bombay Bachelor of Science (Vety.) B.Sc. (Vet.) Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. Bachelor of Veterinary Science B. V. Sc. 7. University of Calcutta Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 8. University of Calicut Bachelor of Veterinary Science B. V. Sc. 9.ChandraShekharAzadUniversity of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry 10. Gauhati Univeresity Bachelor of Veterinary Science and Animal Husbandry 11. Govind Ballabh Pant University of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. 12. Gujarat Agricultural University Bachelor of Veterinary Science and Animal Husbandry 13. Haryana Agricultural University Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Animal Science B. V. A. Sc. 14. University of Jabalpur Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and B. V. Sc. & A.H. Animal Husbandry 22 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 15. Jawaharlal Nehru Krishi Vishwa Vidyalaya Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 16. Kerala Agricultural University Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science B. V. Sc. 17. University of Kerala Bachelor of Veterinary Science B. V. Sc. 18. Konkan Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 19. University of Madras Bachelor of Veterinary Science B. V. Sc. 20. Magadh University Bachelor of Veterinary Science and Animal Husbandry 21. Maharashtra Agricultural University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 22. Mahatma Phule Krishi Vidyapeeth Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 23. Marathwada Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 24. University of Mysore Bachelor of Veterinary Science B. V. Sc. 25. Nagpur University Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A. H. Bachelor of Science (Vety.) B. Sc. (Vet.) 26. Orissa University of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 27. Osmania University Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 28. Punjab University Lahore Bachelor of Veterinary Science B. V. Sc. (1942—Aug.1947) 29. East Punjab University, Solan (1948— 54) 30. Punjab University, Chandigarh (1984—62) Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 31. Punjab Agricultural University Bachelor of Veterinary Science and Animal Husbandry 23 B. V. Sc. & A.H. B. V. Sc. & A.H. ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 32. Punjab Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry 1[33. Rajasthan Agricultural University (In respect of students passed out from Apollo College of Veterinary Medicine, Jaipur) Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 34. University of Rajasthan Bachelor of Veterinary Science and Animal Husbandry 35. Rajendra Agricultural University Bachelor of Veterinary Science and Animal Husbandry 36. Ranchi University Bachelor of Veterinary Science and Animal Husbandry 37. Sardar Patel University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or before the 10th September, 2009). B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 14th September, 2008 and on or before the 10th September, 2009).] B. V. Sc. & A.H. 2[B.V.Sc. & A.H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or before 4th day of August, 2011] B. V. Sc. & A.H. B. V. Sc. & A.H. 38. University of Saugar Bachelor of Veterinary Science B. V. Sc. 1. Subs.by Notification No. S.O. 2518(E), dated 25-9-2014. 2. Subs. by Notification No. S.O. 2662(E), dated 30-8-2013. 24 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 39. Sri Venkateswara University Bachelor of Veterinary Science B. V. Sc. B. V. Sc. 40. [1][Tamil Nadu Veterinary and Animal Bachelor of Veterinary Science (This qualification Sciences University (Since the Tamil Bachelor of Veterinary Science and shall be a recognised Nadu Veterinary and Animal University Animal Husbandry veterinary bifurcated from Tamil Nadu Agricultural Bachelor of Veterinary Science qualification only University), Chennai State of Tamil when granted on or Nadu, in respect of:— Bachelor of Veterinary Science and after the 20th (i) Madras Veterinary College Animal Husbandry September, 1989 Chennai, Tamil Nadu; and on or before the Bachelor of Veterinary Science and (ii) College of Veterinary Science 21st December, Animal Husbandry 2006); and Research Institute, Namakkal, B.V.Sc. & A.H. Tamil Nadu; Bachelor of Veterinary Science and (This qualification (iii) Veterinary College and Animal Husbandry shall be a recognised Research Institute, Orthanadu, Tamil veterinary Nadu; qualification only (iv) Veterinary College and when granted on or Research Institute, Tirunelveli, Tamil after the 22nd Nadu. December, 2006); B.V.Sc. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th September, 1989 and on or before the 21st December, 2006); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 22nd December, 2006); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th October, 2017); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th October, 2017);] 1. Subs. by Notification No. S.O.1296(E), dated 08-03-2019. 25 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 41. University of Udaipur. Bachelor of Veterinary Science and Animal Husbandry B. V.Sc. & A.H. 42. University of Agricultural Sciences, Hebbal. 43. Uttar Pradesh Agricultural University, Pant nagar. Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 44. Utkal University Bachelor of Veterinary Science and Animal Husbandry 45. Vikram University Bachelor of Veterinary Science and Animal Husbandry 46. Mohan Lal Sukhadia University Bachelor of Veterinary Science and Animal Husbandary 1[ 2[47. Sher-E-Kashmir University of Agricultural Sciences and Technology, Srinagar, Jammu and Kashmir.] 2[48.Himachal Pradesh Krishi Vishvavidyala, College of Veterinary and Animal Sciences, Palampur (H. P.) 1[49. Birsa Agricultural University, Kanke, Ranchi (Bihar). Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science Bachelor of Veterinary Science and Animal Husbandary B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. &A. H...; B. V. Sc. This qualification shall be recognised veterinary qualification for the purposes of the said Act when granted on or after 12 January, 1990.] 3[B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 1st April, 1981.] 1. Ins. by S. O. 823/93. 2. Entries inserted by S. O. 823/93, renumbered as S. Nos. “47” and “48” respectively by S. O. 1165/95. 3. Subs. by S. O. 268/97. 26 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 50. Choudhari Charan Singh Haryana Agricultural University,Hisar (Haryana). 1[51. West Bengal University of Animal and Fishery Sciences, Calcutta. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 8th October, 1991.] B. V. Sc. & A.H. This qualification shall be a recognised. veterinary qualification as aforesaid only when granted on or after the 17th April, 1995 or 31-12-2000. B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 27th December, 1990 and on or before 31st October 2012.) B.V.Sc. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 16th Apri1,1990.) B. V. Sc. &A. H (This qualification shall be a recognized Veterinary qualification as aforesaid only when granted on or before the 18th November, 1996). 52. Indra Gandhi Krishi Bachelor of Veterinary Vishwavidyalaya, Raipur Science and Animal Husbandry 53. University of Agricultural Sciences, Dharwad 1. Ins. by S. O. 1411/96. Bachelor of Veterinary Science 27 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 54. Patna University, Patna Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.& A.H This qualification shall be a recognized veterinary qualification as afore-said only when granted in the year 1961. B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 6th Nov.,1995 and on or before 15th Oct.,2001.) B.V.Sc.& A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 26th Nov.,1998. This qualification shall be a recognized veterinary qualification as afore said only when granted on or before 31st of March 2006. 55. Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola 56. Acharya N.G. Ranga Agricultural University, Hyderabad Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 28 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 57. Marathwada Agricultural University, Parbhani Bachelor of Veterinary Science and Animal Husbandry 58. Pondicherry University, Pondicherry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted in or after 1972. B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted in or after the 25th November, 1999.) B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 19th November, 1996) (This Qualification shall be a recognized veterinary qualification as aforesaid only when granted on or before the 31[st] March, 2005). 59. University of Agricultural Sciences, Dharwad Bachelor of Veterinary Science and Animal Husbandry 29 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 60. University of Agricultural Sciences, Bangalore 61. Chaudhary Sarwan Kumar H.P. Krishi Vishwavidyalaya, College of Veterinary Science, Palampur, H.P. 62. Sher-e-Kashmir University of Agricultural Science Technology, Jammu 63. Sher-e-Kashmir University of Agricultural Science Technology, Kashmir Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 30 B. V. Sc. &A. H (This qualification shall be a recognized veterinary qualification as afore-said only when granted on or after the 10th March, 2000.) (This qualification shall be a recognized veterinary qualification only when granted on or before the 31st day of March, 2005). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 23rd June, 2001) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 10th Feb., 2000) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 20th Sept., 1999). ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 64. Maharashtra Animal and Fishery Sciences University, Nagpur 65. Dr. Balasahab Sawant Krishi Vidyapeeth, Dapoli 66. Central Agricultural University, Imphal, Manipur 1[67. Narendra Deva University of Agriculture and Technology, Faizabad (College of Veterinary Science and Animal Husbandry, Faizabad) 2 Bachelor of Veterinary Science and Animal Husbandry. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 3 B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 11[th] February, 2002.) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 13th February, 2001.) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 28.03.2003.) B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 17[th] July, 2004 and before 5[th] August, 2019.)] 1. Subs. by Notification No. S.O. 4715(E), dated 24-09-2021. 31 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 68. Karnataka Veterinary, Animal & Fisheries Sciences University, Bidar in respect of Veterinary Colleges, Bangalore and Bidar Veterinary College, Shimoga Veterinary College, Hassan 69. Anand Agricultural University Anand in respect of College of Veterinary Science and Animal Husbandry, Anand 70. Sardar Krushinagar Dantiwada Agricultural University, Sardarkrushinagar in respect of College of Veterinary Science and Animal Husbandry, Sardarkrushinangar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor Science Husbandry of Veterinary and Animal 32 B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 01st April, 2005.) B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 24th August, 2011) B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 24th August, 2012.) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 01st May, 2004). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 1st May,2004). ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 [1][72. Sri Venkateswara Veterinary University in respect of constituent Veterinary Colleges at Hyderabad, Tirupati and Gannavaram College of Veterinary Science, Proddatur College of Veterinary Science, Kortula 73. Guru Angad Dev Veterinary and Animal Sciences University, Ludhiana College of Veterinary Science, Ludhiana Khalsa College of Veterinary and Animal Sciences, Amritsar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 1st April, 2006.) B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 5th October 2013.) B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 5th October 2013.);] B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 21st April, 2006). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 27th July, 2015). 1. Subs. by Notification No. S.O. 577(E), dated 19-02-2015. 33 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[74. Swamy Keshwanand Rajasthan Agricultural University, Bikaner in respect of— (i) College of Veterinary and Animal Sciences, Bikaner (ii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 11th September, 2009 and on or before the 12th May, 2010).] 2[75. Rajasthan University of Veterinary and Animal Sciences, Bikaner in respect of— (i) College of Veterinary and Animal Sciences, Bikaner (ii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 13th May, 2010). B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 13th May, 2010 and on or before the 24thJuly, 2015). 1. Subs. by Notification No. S.O. 2518(E), dated 25-09-2014. 2. Subs. by Notification No. S.O. 198(E), dated 18-01-2017. 34 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 (iii) Mahatma Gandhi College of Veterinary Sciences, Bharatpur (iv) Arawali Veterinary College, Sikar 1[(v) Mahatma Jyotiba Fule College of Veterinary and Animal Sciences, Chomu, Jaipur 2[(vi) College of Veterinary and Animal Science, Navania, Udaipur 3[(vii) Post Graduate Institute of Veterinary Education and Research, Jaipur 4[(viii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 19th January, 2011 and on or before the 24th July, 2015).". B.V.Sc. & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 17th December, 2014.". B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 15th December, 2014.).] B.V. Sc. & A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after 8th September, 2018).] B.V. Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 31st August, 2020).] B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st March 2023.] 1. Ins. by Notification No. S.O. 2858(E), dated 31-08-2017. 2. Ins. by Notification No. S.O. 1146(E), dated 07-03-2019. 3. Ins. by Notification No. S.O. 1270(E), dated 20-04-2020. 4. Ins. by Notification No. S.O. 1456(E), dated 12-5-2020. 35 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 76. Madhya Pradesh Pashu Chikitsa. Vigyan Vishwavidyalaya, Jabalpurin respect of: - (i) College of Veterinary Science and Animal Husbandry, Jabalpur (ii) College of Veterinary Science and Animal Husbandry, Mhow] 1[78. Lala Lajpat Rai University of Veterinary and Animal Sciences, Hisar State of Haryana, in respect of: (i) College of Veterinary Sciences, Hisar, Haryana ; (ii) International Institute of Veterinary Education and Research, Bahu Akbarpur, Rohtak, Haryana 2[79. Chhattisgarh Kamdhenu, Vishwavidyala Anjora, Durg in respect of: College of Veterinary Science and Animal Husbandry, Durg. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st day of January, 2011) B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st December, 2010); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 21st November, 2019).] B.V.Sc. & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 1st day of November, 2012)] 1. Subs. by Notification No. S.O. 43(E), dated 03-01-2019. 2. Ins. by Notification No. S.O. 989(E), dated 29-04-2010. 36 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[80. Nanaji Deshmukh Veterinary Bachelor of Veterinary Science and B.V.Sc. & A.H. Science University, Jabalpur in respect of:- Animal Husbandry. This qualification - shall be a (i) College of Veterinary Science and recognised Animal Husbandry, Jabalpur veterinary (ii) College of Veterinary Science and qualification only Animal Husbandry, Mhow. when granted on or after 21.8.2012.] 2[81. Bihar Agricultural University, Bachelor of Veterinary Science and B.V.Sc. & A.H. Sabour, Bhagalpur, in respect of Bihar Animal Husbandry This qualification Veterinary College, Patna shall be a recognized veterinary qualification only when granted [3][on or after 05.08.2011 and on or before 12.06.2018].] 4[82. Navsari Agricultural University, Bachelor of Veterinary Science and B.v.Sc. & AH Navsari College of Veterinary Science and Animal Husbandry This qualification Animal Husbandry, Navsari shall be a recognised veterinary qualification only when granted on or after 16.1.2014.] 83. Tripura University in respect of Bachelor of Veterinary Science and B.V.Sc. & A.H. Students admitted in College of Veterinary Animal Husbandry (This qualification Science and Animal Husbandry at R.K. shall be a Nagar, Agartala (Tripura) during 2009-10. recognised veterinary qualification only when granted on 3rd September, 2014 and not before or after this date).] 5[83 A. Tripura University in respect of Bachelor of Veterinary Science and B.V.Sc & A.H. Students admitted in College of Veterinary Animal Husbandry (This qualification Science and Animal Husbandry at R.K. shall be a recognised veterinary Nagar, Agartala (Tripura) from 2012-13 qualification only when granted on or after 28/07/2017).] 1. Subs. by Notification No. S.O. 770(E), dated 02-03-2017. 2. Ins. by Notification No. S.O.2662(E), Dated 30-08-2013. 3. Subs. by Notification No. S.O.1145(E), dated 07-03-2019. 4. Ins. by Notification No. S.O.1022(E), Dated 02-04-2014. 5. Ins. by Notification No. S.O. 4233(E), dated 28-08-2018. 37 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[84. Junagarh Agricultural University in respect of College of Veterinary Science and Animal Husbandry, Junagarh 2[86. Bihar Animal Science University, Patna, Bihar in respect of Bihar Veterinary College, Patna. 3[87. ICAR-Indian Veterinary Research Institute, Bareilly in the State of Uttar Pradesh 1[84. Junagarh Agricultural University in Bachelor of Veterinary Science and B.V.Sc. and A.H. respect of College of Veterinary Science Animal Husbandry (This qualification and Animal Husbandry, Junagarh shall be a recognised veterinary qualification only when granted on or after 30th June 2013.).] 2[86. Bihar Animal Science University, Bachelor of Veterinary Science and B.V.Sc. & A.H. Patna, Bihar in respect of Bihar Veterinary Animal Husbandry (This qualification College, Patna. shall be a recognised veterinary qualification only when granted on or after 13.06.2018).] 3[87. ICAR-Indian Veterinary Research Bachelor of Veterinary Science and B.V.Sc. & A.H. Institute, Bareilly in the State of Uttar Animal Husbandry (This qualification Pradesh shall be a recognized veterinary qualification only when granted on or after the 25th June 2020.] [4][88. Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut in respect of (i) College of Veterinary and Animal Sciences, Meerut.] DIPLOMAS 1. Assam Veterinary College Graduate in Veterinary Science G.V. Sc. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Graduate in Veterinary Science and Animal Husbandry G.V. Sc. & A.H. 2. Bengal Veterinary College Graduate of Bengal Veterinary College G.B.V.C. Graduate in Veterinary Science G.V. Sc. 3. Bihar Veterinary College Graduate of Bihar Veterinary College G.B.V.C. 4. Bombay Veterinary College Graduate of Bombay Veterinary College G.B.V.C. 5. Madras Veterinary College Graduate of Madras Veterinary College G.M.V.C. 6. Punjab Veterinary College Licensed Veterinary Practitioner (Conferred before 15-8-1947) 1. Ins. by Notification No. S.O. 577(E), dated 19-02-2015. 2. Ins. by Notification No. S.O.1145(E), dated 07-03-2019. 3. Ins. by Notification No. S.O. 283(E), dated 20-1-2020. 4. Subs. by Notification No. S.O. 847(E), dated 23-02-2021. 38 L.V.P. ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[89. Acharya Narendra Deva University of Agriculture and Technology, Kumarganj, Ayodhya, Uttar Pradesh in respect of College of Veterinary Science and Animal Husbandry, Ayodhya. 2[83. Tripura University in respect of Students admitted in College of Veterinary Science and Animal Husbandry at R.K. Nagar, Agartala (Tripura) during 2009-10. 3[84. Junagarh Agricultural University in respect of College of Veterinary Science and Animal Husbandry, Junagarh 4[85 5[P. V. Narsimha Rao Telangana Veterinary University], Hyderabad in respect of Colleges namely: (i) College of Veterinary Sciences, Rajendranagar, Hyderabad (ii) College of Veterinary Sciences, Korutla, District Karimnagar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry. B.V.Sc. & A.H. (This Qualification shall be a recognized veterinary qualification only when granted on or after the 5[th] August, 2019.] B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on 3rd September, 2014 and not before or after this date).] B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 30th June 2013.).] B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 22.11.2014). B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 22.11.2014).] 1. Ins. by Notification No. S.O. 4715(E) Dated 24-09-2021. 2. Ins. by Notification No. S.O.3318(E) Dated 30-12-2014. 3. Ins. by Notification No. S.O. 577(E), Dated 19-02-2015. 4. Ins. by Notification No. S.O. 1096(E), dated 26-02-2016. 5. Subs. by Notification No. S.O.341(E), dated 02-02-2017 39 ----- THE SECOND SCHEDULE [See section 2(e) and section 16] RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY INSTITUTIONS OUTSIDE INDIA Country and Institution Recognised veterinary qualification Abbreviation for registration 1 2 3 UNITED KINGDOM 1. Royal College of Veterinary Member of the Royal College of M.R.C.V.S. Surgeons Veterinary Surgeons. 2. University of Bristol Bachelor of Veterinary Science B.V. Sc. 3. University of Cambridge Bachelor of Veterinary Science B.V. Sc. 4. University of Edinburgh Bachelor of Veterinary Science B.V. Sc. 5. University of Glasgow Bachelor of Veterinary Science B.V. Sc. 6. University of Liverpool Bachelor of Veterinary Science B.V. Sc. 7. University of London Bachelor of Veterinary Medicine B. Vet. Med. REPUBLIC OF IRELAND 8. University of Dublin Bachelor of Veterinary Medicine B.V.M. 9. National University of Ireland Bachelor of Veterinary Medicine B.V.M. 40 -----

8-Jan-1994

10

The Protection of Human Rights Act, 1993

https://www.indiacode.nic.in/bitstream/123456789/20098/1/human_rights_act%2c_1993.pdf

Andaman and Nicobar Islands

# THE PROTECTION OF HUMAN RIGHTS ACT, 1993 _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL HUMAN RIGHTS COMMISSION 3. Constitution of a National Human Rights Commission. 4. Appointment of Chairperson and other Members. 5. Resignation and removal of Chairperson and Members. 6. Term of office of Chairperson and Members. 7. Member to act as Chairperson or to discharge his functions in certain circumstances. 8. Terms and conditions of service of Chairperson and Members. 9. Vacancies, etc., not to invalidate the proceedings of the Commission. 10. Procedure to be regulated by the Commission. 11. Officers and other staff of the Commission. CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION 12. Functions of the Commission. 13. Powers relating to inquiries. 14. Investigation. 15. Statement made by persons to the Commission. 16. Persons likely to be prejudicially affected to be heard. CHAPTER IV PROCEDURE 17. Inquiry into complaints. 18. Steps during and after inquiry. 19. Procedure with respect to armed forces. 20. Annual and special reports of the Commission. CHAPTER V STATE HUMAN RIGHTS COMMISSIONS 21. Constitution of State Human Rights Commissions. 22. Appointment of Chairperson and other Members of State Commission. 23. Resignation and Removal of a Chairperson or a Member of the State Commission. 24. Term of office of Chairperson and Members of the State Commission. 1 ----- SECTIONS 25. Member to act as Chairperson or to discharge his functions in certain circumstances. 26. Terms and conditions of service of Chairperson and Members of State Commission. 27. Officers and other staff of the State Commission. 28. Annual and special reports of State Commission. 29. Application of certain provisions relating to National Human Rights Commission to State Commissions. CHAPTER VI HUMAN RIGHTS COURTS 30. Human Rights Courts. 31. Special Public Prosecutor. CHAPTER VII FINANCE, ACCOUNTS AND AUDIT 32. Grants by the Central Government. 33. Grants by the State Government. 34. Accounts and audit. 35. Accounts and audit of State Commission. CHAPTER VIII MISCELLANEOUS 36. Matters not subject to jurisdiction of the Commission. 37. Constitution of special investigation teams. 38. Protection of action taken in good faith. 39. Members and officers to be public servants. 40. Power of Central Government to make rules. 40A. Power to make rules retrospectively. 40B. Power of Commission to make regulations. 41. Power of State Government to make rules. 42. Power to remove difficulties. 43. Repeal and savings. 2 ----- # THE PROTECTION OF HUMAN RIGHTS ACT, 1993 ACT NO. 10 OF 1994 [8th January, 1994.] # An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Protection of Human** Rights Act, 1993. (2) It extends to the whole of India: 1* - - - (3) It shall be deemed to have come into force on the 28th day of September, 1993. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “armed forces” means the naval, military and air forces and includes any other armed forces of the Union; (b) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be; 2[(ba) “Chief Commissioner” means the Chief Commissioner for Persons with Disabilities referred to in sub-section (1) of section 74 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016);] (c) “Commission” means the National Human Rights Commission constituted under section 3; (d) “Human Rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India; (e) “Human Rights Court” means the Human Rights Court specified under section 30; 3[(f) “International Covenants” means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966 and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify;] 4[(g) “Member” means a Member of the Commission or of the State Commission, as the case may be;] 2[(ga) “National Commission for Backward Classes” means the National Commission for Backward Classes constituted under section 3 of the National Commission for Backward Classes Act, 1993 (27 of 1993);] (h) “National Commission for Minorities” means the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992 (19 of 1992); 1. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 2. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 3. Subs. by Act 43 of 2006, s. 2, for clause (f) (w.e.f. 23-11-2006). 4. Subs. by s. 2, ibid., for clause (g) (w.e.f. 23-11-2006). 3 ----- 1[(ha) “National Commission for Protection of Child Rights” means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006);] 2[(i) “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes referred to in article 338 of the Constitution; [(ia) “National Commission for the Scheduled Tribes” means the National Commission for the](http://indiankanoon.org/doc/281913/) Scheduled Tribes referred to in article 338A of the Constitution;] (j) “National Commission for Women” means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990 (20 of 1990); (k) “notification” means a notification published in the Official Gazette; (l) “prescribed” means prescribed by rules made under this Act; (m) “public servant” shall have the meaning assigned to it in section 21 of the Indian Penal Code (45 of 1860); (n) “State Commission” means a State Human Rights Commission constituted under section 21. (2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State. **STATE AMENDMENT** **Ladakh (UT).—** Section 2.—Omit sub-section (2). [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] CHAPTER II THE NATIONAL HUMAN RIGHTS COMMISSION **3. Constitution of a National Human Rights Commission.—(1) The Central Government shall** constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, it under this Act. (2) The Commission shall consist of— (a) a Chairperson who has been a [3][Chief Justice of India or a Judge] of the Supreme Court; (b) one Member who is, or has been, a Judge of the Supreme Court; (c) one Member who is, or has been, the Chief Justice of a High Court; (d) [4][three Members out of which at least one shall be a woman] to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. (3) The Chairpersons of the [5][the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights], [6][the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the [7][the National Commission for Women and the Chief Commissioner for Persons with Disabilities] shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12. 1. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 2. Subs. by Act 43 of 2006, s. 2, for clause (i) (w.e.f. 23-11-2006). 3. Subs. by Act 19 of 2019, s. 3, for “Chief Justice” (w.e.f. 2-8-2019). 4. Subs. by s. 3, ibid., for “two Members” (w.e.f. 2-8-2019). 5. Subs. by s. 3, ibid., for “National Commission for Minorities” (w.e.f. 2-8-2019). 6. Subs. by Act 43 of 2006, s. 3, for “the National Commission for the Scheduled Castes and Scheduled Tribes” (w.e.f. 23-11-2006). 7. Subs. by Act 19 of 2019, s. 3, for “National Commission for Women” (w.e.f. 2-8-2019). 4 ----- (4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and [1][shall, subject to control of the Chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40B)]. (5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India. **4. Appointment of Chairperson and other Members.—(1) The Chairperson and [2][the Members]** shall be appointed by the President by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of— (a) the Prime Minister **—chairperson;** (b) Speaker of the House of the People **—member;** (c) Minister in-charge of the Ministry of Home Affairs in the Government of India (d) Leader of the Opposition in the House of the People (e) Leader of the Opposition in the Council of States **—member;** **—member;** **—member;** (f) Deputy Chairman of the Council of States **—member:** Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any 3[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]. **4[5. Resignation and removal of Chairperson and Members.—(1)** The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. [(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the](http://indiankanoon.org/doc/189892/) Chairperson or any Member if the Chairperson or such Member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or [(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the](http://indiankanoon.org/doc/1575989/) President involves moral turpitude.] 1. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019). 2. Subs. by Act 43 of 2006, s. 4, for “other Members” (w.e.f. 23-11-2006). 3. Subs. by s. 4, ibid., for “vacancy in the Committee” (w.e.f. 23-11-2006). 4. Subs. by s. 5, ibid., for section 5 (w.e.f. 23-11-2006). 5 ----- **1[6. Term of office of Chairperson and Members.—(1) A person appointed as Chairperson shall** hold office for a term of [2][three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier [3][and shall be eligible for re-appointment]. (2) A person appointed as a Member shall hold office for a term of [2][three years] from the date on which he enters upon his office and shall be eligible for re-appointment [4]***: Provided that no Member shall hold office after he has attained the age of seventy years. (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.] **7. Member to act as Chairperson or to discharge his functions in certain circumstances.—(1) In** the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. **5[8. Terms and conditions of service of Chairperson and Members.—The salaries and allowances** payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.] **9. Vacancies, etc., not to invalidate the proceedings of the Commission.—No act or** proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission. **10. Procedure to be regulated by the Commission.—(1) The Commission shall meet at such** time and place as the Chairperson may think fit. 6[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.] (3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf. **11. Officers and other staff of the Commission.—(1) The Central Government shall make** available to the Commission— (a) an officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of the Commission; and (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission. (2) Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint such other administrative, technical and scientific staff as it may consider necessary. 1. Subs. by Act 43 of 2006 s. 6, for section 6 (w.e.f. 23-11-2006). 2. Subs. by Act 19 of 2019, s. 4, for “five years” (w.e.f. 2-8-2019). 3. Ins. by s. 4, ibid (w.e.f. 2-8-2019). 4. The words “for another term of five years” omitted by Act 19 of 2019, s. 4 (w.e.f. 2-8-2019). 5. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006). 6. Subs. by s. 8, ibid., for sub-section (2) (w.e.f. 23-11-2006). 6 ----- (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed. CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION **12. Functions of the Commission.—The Commission shall perform all or any of the following** functions, namely:— (a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [1][or on a direction or order of any court], into complaint of— (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant; (b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court; 2[(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;] (d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; (e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures; (f) study treaties and other international instruments on human rights and make recommendations for their effective implementation; (g) undertake and promote research in the field of human rights; (h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; (i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights; (j) such other functions as it may consider necessary for the promotion of human rights. **13. Powers relating to inquiries.—(1) The Commission shall, while inquiring into complaints** under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or 1. Ins. by Act 43 of 2006, s. 9 (w.e.f. 23-11-2006). 2. Subs. by s. 9, ibid., for clause (c) (w.e.f. 23-11-2006). 7 ----- matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code (45 of 1860). (3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable. (4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. (5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860), and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 1[(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act: Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same. [(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State](http://indiankanoon.org/doc/52769/) Commission as if it were a complaint initially filed before it.] **14. Investigation.—(1) The Commission may, for the purpose of conducting any investigation** pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be. (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,— (a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office. (3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission. (4) The officer or agency whose services are utilised under sub-section (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the 1. Ins. by Act 43 of 2006, s.10 (w.e.f. 23-11-2006). 8 ----- Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit. **15. Statement made by persons to the Commission.—No statement made by a person in the** course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement— (a) is made in reply to the question which he is required by the Commission to answer; or (b) is relevant to the subject matter of the inquiry. **16. Persons likely to be prejudicially affected to be heard.—If, at any stage of the inquiry, the** Commission— (a) considers it necessary to inquire into the conduct of any person; or (b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a witness is being impeached. CHAPTER IV PROCEDURE **17. Inquiry into complaints.—The Commission while inquiring into the complaints of violations of** human rights may— (i) call for information or report from the Central Government or any State Government or any other authority or organisation subordinate thereto within such time as may be specified by it: Provided that— (a) if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own; (b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly; (ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry. **1[18. Steps during and after inquiry.—The Commission may take any of the following steps during** or upon the completion of an inquiry held under this Act, namely:— (a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned Government or authority— [(i) to make payment of compensation or damages to the complainant or to the victim or the](http://indiankanoon.org/doc/487849/) members of his family as the Commission may consider necessary; [(ii) to initiate proceedings for prosecution or such other suitable action as the Commission](http://indiankanoon.org/doc/73824/) may deem fit against the concerned person or persons; [(iii) to take such further action as it may think fit;](http://indiankanoon.org/doc/484657/) [(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs](http://indiankanoon.org/doc/792656/) as that Court may deem necessary; 1. Subs. by Act 43 of 2006, s. 11, for section 18 (w.e.f. 23-11-2006). 9 ----- [(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant](http://indiankanoon.org/doc/257373/) of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary; [(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or](http://indiankanoon.org/doc/493514/) his representative; [(e) the Commission shall send a copy of its inquiry report together with its recommendations to](http://indiankanoon.org/doc/1807416/) the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission; [(f) the Commission shall publish its inquiry report together with the comments of the concerned](http://indiankanoon.org/doc/1453801/) Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.] **19. Procedure with respect to armed forces.—(1) Notwithstanding anything contained in this** Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely:— (a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government; (b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government. (2) The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow. (3) The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations. (4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his representative. **20. Annual and special reports of the Commission.—(1) The Commission shall submit an** annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any. CHAPTER V STATE HUMAN RIGHTS COMMISSIONS **21. Constitution of State Human Rights Commission.—(1) A State Government may constitute a** body to be known as the..................(name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this Chapter. 1[(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of— [(a) a Chairperson who has been a [2][Chief Justice or a Judge] of a High Court;](http://indiankanoon.org/doc/721379/) [(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a](http://indiankanoon.org/doc/1001808/) minimum of seven years experience as District Judge; 1. Subs. by Act 43 of 2006, s. 12, for sub-section (2) (w.e.f. 23-11-2006). 2. Subs. by Act 19 of 2019, s. 5, for “Chief Justice” (w.e.f. 2-8-2019). 10 ----- [(c) one Member to be appointed from among persons having knowledge of or practical](http://indiankanoon.org/doc/612234/) experience in matters relating to human rights.] (3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and 1[shall, subject to control of the Chairperson, exercise all administrative and financial powers of the State Commission]. (4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify. (5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List II and List III in the Seventh Schedule to the Constitution: Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter: 2* - - - 3[(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] 4[(7) Subject to the provisions of section 12, the Central Government may, by order, confer upon the State Commission the functions relating to human rights being discharged by the Union territories, [5][other than Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh]. (8) The functions relating to human rights in case of [6][Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.] **22. Appointment of Chairperson and** **[7][Members] of State Commission.—(1) The Chairperson** and [7][Members] shall be appointed by the Governor by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of— (a) the Chief Minister —chairperson; (b) Speaker of the Legislative Assembly —member; (c) Minister in-charge of the Department of Home in that State (d) Leader of the Opposition in the Legislative Assembly —member; —member: 1. Subs. by Act 19 of 2019, s. 5, for “shall exercise such powers and discharge such functions of the State Commission as it may delegate to him” (w.e.f. 2-8-2019). 2. The second proviso omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, _vide notification No. S.O. 1123(E) dated (18-3-2020) and_ _vide Union Territory of Ladakh Reorganisation (Adaptation of_ Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 3. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006). 4. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019). 5. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, _vide notification No. S.O._ 1123(E), for “other than Union territory of Delhi” dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation_ (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 6. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, _vide notification No. S.O._ 1123(E), for “Union territory of Delhi” and _vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)_ Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 7. Subs. by Act 43 of 2006, s. 13, for “other Members” (w.e.f. 23-11-2006). 11 ----- Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee: Provided also that no sitting Judge of a High Court or a sitting district judge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State. (2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of [1][any vacancy of any Member in the Committee referred to in sub-section (1)]. **2[23. Resignation and Removal of Chairperson or a Member of the State Commission].—3[(1)** The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office. [(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State](http://indiankanoon.org/doc/508679/) Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.] (2) Notwithstanding anything in [4][sub-section (1A)] the President may by order remove from office the Chairperson or any [5][Member] if the Chairperson or such [5][Member], as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude. **6[24. Term of office of Chairperson and Members of the State Commission.—(1) A person** appointed as Chairperson shall hold office for a term of [7][three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier [8][and shall be eligible for re-appointment]. [(2) A person appointed as a Member shall hold office for a term of](http://indiankanoon.org/doc/1849955/) [7][three years] from the date on which he enters upon his office and shall be eligible for re-appointment [9]***: Provided that no Member shall hold office after he has attained the age of seventy years. [(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment](http://indiankanoon.org/doc/336355/) under the Government of a State or under the Government of India.] **25. Member to act as Chairperson or to discharge his functions in certain circumstances.—(1)** In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. 1. Subs. by Act 43 of 2006, s. 13, for “any vacancy in the Committee” (w.e.f. 23-11-2006). 2. Subs. by s. 14, ibid., for “Removal of a Member of the State Commission” (w.e.f. 23-11-2006). 3. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 23-11-2006). 4. Subs. by s. 14, ibid., for “sub-section (1)” (w.e.f. 23-11-2006). 5. Subs. by s. 14, ibid., for “other Member” (w.e.f. 23-11-2006). 6. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006). 7. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019). 8. Ins. by s. 6, ibid. (w.e.f. 2-8-2019). 9. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019). 12 ----- (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. **1[26. Terms and conditions of service of Chairperson and Members of State Commission.— The** salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed by the State Government: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.] **27. Officers and other staff of the State Commission.—(1) The State Government shall make** available to the Commission— (a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the State Commission; and (b) such police and investigative staff under an officer not below the rank of an Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission. (2) Subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff as it may consider necessary. (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the State Government. **28. Annual and special reports of State Commission.—(1) The State Commission shall submit an** annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if any. **29. Application of certain provisions relating to National Human Rights Commission to State** **Commissions.—The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State** Commission and shall have effect, subject to the following modifications, namely:— (a) references to “Commission” shall be construed as references to “State Commission”; (b) in section 10, in sub-section (3), for the word “Secretary-General”, the word “Secretary” shall be substituted; (c) in section 12, clause (f) shall be omitted; (d) in section 17, in clause (i), the words “Central Government or any” shall be omitted. CHAPTER VI HUMAN RIGHTS COURTS **30. Human Rights Courts.—For the purpose of providing speedy trial of offences arising out of** violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences: 1. Subs. by Act 43 of 2006, s.16, for section 26 (w.e.f. 23-11-2006). 13 ----- Provided that nothing in this section shall apply if— (a) a Court of Session is already specified as a special court; or (b) a special court is already constituted, for such offences under any other law for the time being in force. **31. Special Public Prosecutor.—For every Human Rights Court, the State Government shall, by** notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. CHAPTER VII FINANCE, ACCOUNTS AND AUDIT **32. Grants by the Central Government.—(1) The Central Government shall, after due** appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). **33. Grants by the State Government.—(1) The State Government shall, after due, appropriation** made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act. (2) The State Commission may spend such sums as it thinks fit for performing the functions under Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). **34. Accounts and audit.—(1) The Commission shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. **35. Accounts and audit of State Commission.—(1) The State Commission shall maintain** proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges 14 ----- and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission. (4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature. CHAPTER VIII MISCELLANEOUS **36. Matters not subject to jurisdiction of the Commission.—(1) The Commission shall not** inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. (2) The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. **37. Constitution of special investigation teams.—Notwithstanding anything contained in any other** law for the time being in force, where the Government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of human rights. **38. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against** the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report, paper or proceedings. **39. Members and officers to be public servants.—Every Member of the Commission, State** Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **40. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the [1][Chairperson and Members] under section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11; (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and (e) any other matter which has to be, or may be, prescribed. 1. Subs. by Act 43 of 2006, s.17, for “Members” (w.e.f. 23-11-2006). 15 ----- (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1[40A. Power to make rules retrospectively.—The power to make rules under clause (b) of sub-section (2) of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] 2[40B. Power of Commission to make regulations.—(1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act. [(2) In particular and without prejudice to the generality of the foregoing power, such regulations may](http://indiankanoon.org/doc/1457333/) provide for all or any of the following matters, namely:— [(a) the procedure to be followed by the Commission under sub-section (2) of section 10;](http://indiankanoon.org/doc/1953854/) [(b) the returns and statistics to be furnished by the State Commissions;](http://indiankanoon.org/doc/166315/) [(c) any other matter which has to be, or may be, specified by regulations.](http://indiankanoon.org/doc/445564/) [(3) Every regulation made by the Commission under this Act shall be laid, as soon as may be after it](http://indiankanoon.org/doc/1862225/) is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] **41. Power of State Government to make rules.—(1) The State Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of [3][the Chairperson and Members] under section 26; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27; (c) the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35. (3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **42. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 1. Ins. by Act 49 of 2000, s. 2 (w.e.f. 11-12-2000). 2. Ins. by Act 43 of 2006, s. 18 (w.e.f. 23-11-2006). 3. Subs. by s. 19, ibid., for “the Members” (w.e.f. 23-11-2006). 16 ----- not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **43. Repeal and savings.—(1) The Protection of Human Rights Ordinance, 1993 (Ord. 30 of 1993) is** hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act. 17 -----

23-Dec-1986

61

The CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986

https://www.indiacode.nic.in/bitstream/123456789/19582/1/the_child_and_adolescent_labour_%28prohibition_and_regulation%29_act%2c_1986_no._61_of_1986_date_23.12.1986.pdf

Andaman and Nicobar Islands

# THE CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986 ________ ARRANGEMENT OF SECTIONS ________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES 3. Prohibition of employment of children in certain occupations and processes. 4. Power to amend the Schedule. 5. Child Labour Technical Advisory Committee. PART III REGULATION OF CONDITIONS OF WORK OF CHILDREN 6. Application of Part. 7. Hours and period of work. 8. Weekly holidays. 9. Notice to Inspector. 10. Disputes as to age. 11. Maintenance of register. 12. Display of notice containing abstract of sections 3 and 14. 13. Health and safety. PART IV MISCELLANEOUS 14. Penalties. 15. Modified application of certain laws in relation to penalties. 16. Procedure relating to offences. 17. Appointment of Inspectors. 18. Power to make rules. 19. Rules and notifications to be laid before Parliament or State legislature. 20. Certain other provisions of law not barred. 21. Power to remove difficulties. 22. Repeal and savings. 23. [Repealed.]. 24. [Repealed.]. 25. [Repealed.]. 26. [Repealed.]. THE SCHEDULE. 1 ----- # THE CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986 ACT NO. 61 OF 1986 [23rd December, 1986.] 1[An Act to prohibit the engagement of children in all occupations and to prohibit the # engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.] BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called** [2][the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986]. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. **2. Definitions.—In this Act, unless the context otherwise requires,—** 4[(ia)] “appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; 5[(i) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;] 6[(ii) “child” means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), whichever is more;] (iii) “day” means a period of twenty-four hours beginning at mid-night; (iv) “establishment” includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; (v) “family”, in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual; (vi) “occupier”, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; (vii) “port authority” means any authority administering a port; (viii) “prescribed” means prescribed by rules made under section 18; 1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016). 2. Subs. by s. 4, ibid., for “the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)” (w.e.f. 1-9-2016). 3. 23rd December, 1986, vide notification No. S.O. 75, dated 23rd December, 1986, see Gazette of India, Extraordinary, Part II, section 1. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993 (in respect of Part III of the Act), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Clause (i) renumbered as clause (ia) thereof by Act 35 of 2016, s. 4 (w.e.f. 1-9-2016). 5. Ins. by s. 4, ibid. (w.e.f 1-9-2016). 6. Subs. by s. 4, ibid., for clause (ii) (w.e.f. 1-9-2016). 2 ----- (ix) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector; (x) “workshop” means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply. PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES **1[3. Prohibition of employment of children in any occupations and processes.—(1) No child shall** be employed or permitted to work in any occupation or process. (2) Nothing in sub-section (1) shall apply where the child, — (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safely measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the Child. _Explanation.—For the purposes of this section, the expression,_ (a) “family” in relation to a child, means his mother, father, brother, sister and father’s sister and brother and mother’s sister and brother; (b) “family enterprises” means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; (c) “artist” means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section (2).] 2[(3A). **Prohibition of employment of adolescents in certain hazardous occupations and** **process.—No adolescent shall be employed or permitted to work in any of the hazardous occupations or** processes set forth in the Schedule: Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.] **4. Power to amend the Schedule.—The Central Government, after giving by notification in the** Official Gazette, not less than three months’ notice of its intention so to do, may, by like notification, 3[add to, or, omit from, the Schedule any hazardous occupation or process] and thereupon the Schedule shall be deemed to have been amended accordingly. **5.** **[4][Technical Advisory Committee].—(1) The Central Government may, by notification in the** Official Gazette, constitute an advisory committee to be called the [4][Technical Advisory Committee] (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government. (3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. 1. Subs. by Act 35 of 2016, s. 5, for section 3 (w.e.f. 1-9-2016). 2. Ins. by s. 6, ibid. (w.e.f 1-9-2017). 3. Subs. by s. 7, ibid., for “add any occupation or process to the Schedule” (w.e.f. 1-9-2016). 4. Subs. by s. 8, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016). 3 ----- (4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed. PART III REGULATION OF CONDITIONS OF WORK OF [1][ADOLESCENTS] **6. Application of Part.—The provisions of this Part shall apply to an establishment or a class of** establishments in which none of the occupations or processes referred to in [2][section 3A] is carried on. **7. Hours and period of work.—(1) No** [3][adolescent] shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no [3][adolescent] shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a [3][adolescent] shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No [3][adolescent] shall be permitted or required to work between 7 p. m and 8 a.m. (5) No [3][adolescent] shall be required or permitted to work overtime. (6) No [3][adolescent] shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. **8. Weekly holidays.—Every** [4][adolescent] employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. **9. Notice to Inspector.—(1) Every occupier in relation to an establishment in which a** [5][adolescent] was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:— (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any 5[adolescent] after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). 1. Subs. by Act 35 of 2016, s. 9, for “CHILDREN” (w.e.f. 1-9-2016). 2. Subs. by s. 10, ibid., for “section 3” (w.e.f. 1-9-2016). 3. Subs. by s. 11, ibid., for “child” (w.e.f. 1-9-2016). 4. Subs. by s. 12, ibid., for “child” (w.e.f. 1-9-2016). 5. Subs. by s. 13, ibid., for “child” (w.e.f. 1-9-2016). 4 ----- _Explanation.—For the purposes of sub-sections (1) and (2), “date of commencement of this Act, in_ relation to an establishment” means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. **10. Disputes as to age.—If any question arises between an Inspector and an occupier as to the age of** any [1][adolescent] who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such [1][adolescent] granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. **11. Maintenance of register.—There shall be maintained by every occupier in respect of** 2[adolescent] employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing— (a) the name and date of birth of every [3][adolescent] so employed or permitted to work; (b) hours and periods of work of any such [3][adolescent] and the intervals of rest to which he is entitled; (c) the nature of work of any such [3][adolescent]; and (d) such other particulars as may be prescribed. **12. Display of notice containing abstract of [4][sections 3A and 14].—Every railway administration,** every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of [4][sections 3A and 14]. **13. Health and safety.—(1) The appropriate Government may, by notification in the Official** Gazette, make rules for the health and safety of the [5][adolescent] employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:— (a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; 1. Subs. by Act 35 of 2016, s. 14, for “child” (w.e.f 1-9-2016). 2. Subs. by s. 15, ibid., for “children” (w.e.f 1-9-2016). 3. Subs. by s. 15, ibid., for “child” (w.e.f. 1-9-2016). 4. Subs. by s. 16, ibid., for “section 3 and 14” (w.e.f. 1-9-2016). 5. Subs. by s. 17, ibid., for “children” (w.e.f. 1-9-2016). 5 ----- (l) employment of [1][adolescent] on dangerous machines; (m) instructions, training and supervision in relation to employment of [1][adolescent] on dangerous machines; (n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery. PART IV MISCELLANEOUS **14. Penalties.—[2][(1) Whoever employs any child or permits any child to work in contravention of the** provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (1A) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A. (1B) Notwithstanding anything contained in sub-sections (1) and (1A) the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.] 3[(2) Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years. (2A) Notwithstanding anything contained in sub-section (2), the parents or guardian having been convicted of an offence under section 3 or section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.] (3) Whoever— 4* - - - 1. Subs. by Act 35 of 2016, s. 17, for “children” (w.e.f. 1-9-2016). 2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-9-2016). 3. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 1-9-2016). 4. Clauses (a), (b) and (c) omitted by s. 18, ibid. (w.e.f. 1-9-2016). 6 ----- (d) fails to comply with or contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both. 1[14A. Offences to be Congnizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed by an employer and punishable under section 3 or section 3A shall be cognizable. **14B. Child and Adolescent Labour Rehabilitation Fund.—(1) The appropriate Government shall** constitute a Fund in every district or for two or more districts to be called the Child and Adolescent Labour Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited. (2) The appropriate Government shall credit an amount of fifteen thousand rupees to the Fund for each child or adolescent for whom the fine amount has been credited under sub-section (1). (3) The amount credited to the Fund under sub-sections (1) and (2) shall be deposited in such banks or invested in such manner, as the appropriate Government may decide. (4) The amount deposited or invested, as the case may be under sub-section (3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be prescribed. _Explanation.—For the purposes of appropriate Government, the Central Government shall include the_ Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution. **14C. Rehabilitation of rescued child or adolescent.—The child or adolescent, who is employed in** contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force. **14D. Compounding of offences.—(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), the District Magistrate may, on the application of the accused person, compound any offence committed for the first time by him, under sub-section (3) of section 14 or any offence committed by an accused person being parent or a guardian, in such manner and on payment of such amount to the appropriate Government, as may be prescribed. (2) If the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person in accordance with the provisions of this Act. (3) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (4) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought in writing, to the notice of the Court in which the prosecution is pending and on the approval of the composition of the offence being given, the person against whom the offence is so compounded, shall be discharged.] **15. Modified application of certain laws in relation to penalties.—(1) Where any person is found** guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under the Acts in which those provisions are contained. (2) The provisions referred to in sub-section (1) are the provisions mentioned below:— (a) section 67 of the Factories Act, 1948 (63 of 1948); (b) section 40 of the Mines Act, 1952 (35 of 1952); (c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and 1. Ins. by Act 35 of 2016, s. 19 (w.e.f. 1-9-2016). 7 ----- (d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). **16. Procedure relating to offences.—(1) Any person, police officer or Inspector may file a** complaint of the commission of an offence under this Act in any court of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. **17. Appointment of Inspectors.—The appropriate Government may appoint Inspectors for the** purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1[17A. District Magistrate to implement the provisions.—The appropriate Government may confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed. **17B. Inspection and monitoring.—The appropriate Government shall make or cause to be made** periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this Act.] **18. Power to make rules.—(1) The appropriate Government may, by notification in the Official** Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 2[(a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3;] 3[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the [4][Technical Advisory Committee] and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 5; 5[(c)] number of hours for which a child may be required or permitted to work under sub-section (1) of section 7; 6[(d)] grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; 7[(e)] the other particulars which a register maintained under section 11 should contain. 1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1-9-2016). 2. Ins. by s. 21, ibid. (w.e.f. 1-9-2016). 3. Clause (a) relettered as clause (b) thereof by s. 21, ibid. (w.e.f 1-9-2016). 4. Subs. by s. 21, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016). 5. Clause (b) relettered as clause (c) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 6. Clause (c) relettered as clause (d) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 7. Clause (d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 8 ----- 1[(f) the manner of payment of amount to the child or adolescent under sub-section (4) of section 14B; (g) the manner of composition of the offence and payment of amount to the appropriate Government under sub-section (1) of section section 14D; (h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A.] **19. Rules and notifications to be laid before Parliament or State legislature.—(1) Every rule** made under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State. **20. Certain other provisions of law not barred.—Subject to the provisions contained in section 15,** the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952). **21. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. **22. Repeal and savings.—(1) The Employment of Children Act, 1938 (26 of 1938) is hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. [ _Sections 23 to 26.]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First_ _Schedule (w.e.f. 3-9-2001)._ 1. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016). 9 ----- 1[THE SCHEDULE (See section 3A) (1) Mines. (2) Inflammable substances or explosives. (3) Hazardous process. _Explanation.—For the purposes of this Schedule, “hazardous process” has the meaning assigned to it_ in clause (cb) of the Factories Act, 1948 (63 of 1948)]. 1. Subs. b y Act 35 of 2016, s. 22, for the Schedule (w.e.f. 1-9-2016). 10 -----

26-Sep-2013

30

The right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013

https://www.indiacode.nic.in/bitstream/123456789/19016/1/righ_to_fair_compensation_and_transparency_in_land_acquisition_rehabilitation_and_resettlement_act_2013.pdf

Andaman and Nicobar Islands

## THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ––––––––––––––– ARRANGEMENT OF SECTIONS –––––––––––––––– CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application of Act. 3. Definitions. CHAPTER II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC _PURPOSE_ 4. Preparation of Social Impact Assessment study. 5. Public hearing for Social Impact Assessment. 6. Publication of Social Impact Assessment study. B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 7. Appraisal of Social Impact Assessment report by an Expert Group. 8. Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government. 9. Exemption from Social Impact Assessment. CHAPTER III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY 10. Special provision to safeguard food security. CHAPTER IV NOTIFICATION AND ACQUISITION 11. Publication of preliminary notification and power of officers thereupon. 12. Preliminary survey of land and power of officers to carry out survey. 13. Payment for damage. 14. Lapse of Social Impact Assessment report. 15. Hearing of objections. ----- SECTIONS 16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator. 17. Review of the Rehabilitation and Resettlement Scheme. 18. Approved Rehabilitation and Resettlement Scheme to be made public. 19. Publication of declaration and summary of Rehabilitation and Resettlement. 20. Land to be marked out, measured and planned including marking of specific areas. 21. Notice to persons interested. 22. Power to require and enforce the making of statements as to names and interests. 23. Enquiry and land acquisition award by Collector. 24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases. 25. Period within which an award shall be made. 26. Determination of market value of land by Collector. 27. Determination of amount of compensation. 28. Parameters to be considered by Collector in determination of award. 29. Determination of value of things attached to land or building. 30. Award of solatium. CHAPTER V REHABILITATION AND RESETTLEMENT AWARD 31. Rehabilitation and Resettlement Award for affected families by Collector. 32. Provision of infrastructural amenities in resettlement area. 33. Corrections to awards by Collector. 34. Adjournment of enquiry. 35. Power to summon and enforce attendance of witnesses and production of documents. 36. Power to call for records, etc. 37. Awards of Collector when to be final. 38. Power to take possession of land to be acquired. 39. Additional compensation in case of multiple displacements. 40. Special powers in case of urgency to acquire land in certain cases. 41. Special provisions for Scheduled Castes and Scheduled Tribes. 42. Reservation and other benefits. CHAPTER VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT 43. Appointment of Administrator. 44. Commissioner for rehabilitation and resettlement. 45. Rehabilitation and resettlement committee at project level. ----- SECTIONS 46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons. 47. Quantification and deposit of rehabilitation and resettlement amount. CHAPTER VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT 48. Establishment of National Monitoring Committee for rehabilitation and resettlement. 49. Reporting requirements. 50. Establishment of State Monitoring Committee for rehabilitation and resettlement. CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. 52. Composition of Authority. 53. Qualifications for appointment as Presiding Officer. 54. Terms of office of Presiding Officer. 55. Staff of Authority. 56. Salary and allowances and other terms and conditions of service of Presiding Officers. 57. Filling up of vacancies. 58. Resignation and removal. 59. Orders constituting Authority to be final and not to invalidate its proceedings. 60. Powers of Authority and procedure before it. 61. Proceedings before Authority to be judicial proceedings. 62. Members and officers of Authority to be public servants. 63. Jurisdiction of civil courts barred. 64. Reference to Authority. 65. Collector‘s statement to Authority. 66. Service of notice by Authority. 67. Restriction on scope of proceedings. 68. Proceedings to be in public. 69. Determination of award by Authority. 70. Form of award. 71. Costs. 72. Collector may be directed to pay interest on excess compensation. 73. Re-determination of amount of compensation on the basis of the award of the Authority. 74. Appeal to High Court. ----- CHAPTER IX APPORTIONMENT OF COMPENSATION SECTIONS 75. Particulars of apportionment to be specified. 76. Dispute as to apportionment. CHAPTER X PAYMENT 77. Payment of compensation or deposit of same in Authority. 78. Investment of money deposited in respect of lands belonging to person incompetent to alienate. 79. Investment of money deposited in other cases. 80. Payment of interest. CHAPTER XI TEMPORARY OCCUPATION OF LAND 81. Temporary occupation of waste or arable land, procedure when difference as to compensation exists. 82. Power to enter and take possession and compensation on restoration. 83. Difference as to condition of land. CHAPTER XII OFFENCES AND PENALTIES 84. Punishment for false information, mala fide action, etc. 85. Penalty for contravention of provisions of Act. 86. Offences by companies. 87. Offences by Government departments. 88. Cognizance of offences by court. 89. Offences to be non-cognizable. 90. Offences to be cognizable only on complaint filed by certain persons. CHAPTER XIII MISCELLANEOUS 91. Magistrate to enforce surrender. 92. Service of notice. 93. Completion of acquisition not compulsory, but compensation to be awarded when not completed. 94. Acquisition of part of house or building. 95. Acquisition of land at cost of a local authority or Requiring Body. 96. Exemption from income-tax, stamp duty and fees. ----- SECTIONS 97. Acceptance of certified copy as evidence. 98. Notice in case of suits for anything done in pursuance of Act. 99. No change of purpose to be allowed. 100. No change of ownership without permission to be allowed. 101. Return of unutilised land. 102. Difference in price of land when transferred for higher consideration to be shared. 103. Provisions to be in addition to existing laws. 104. Option of appropriate Government to lease. 105. Provisions of this Act not to apply in certain cases or to apply with certain modifications. 106. Power to amend Schedule. 107. Power of State Legislatures to enact any law more beneficial to affected families. 108. Option to affected families to avail better compensation and rehabilitation and resettlement. 109. Power of appropriate Government to make rules. 110. Rules made by Central Government to be laid before Parliament. 111. Rules made by State Government to be laid before State Legislature. 112. Previous publication of rules made by Central and State Government. 113. Power to remove difficulties. 114. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. ----- ## THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ACT No. 30 OF 2013 [26th September, 2013.] ## An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1.** **Short title, extent and commencement.–(1) This Act may be called the Right to Fair** Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 receives the assent of the President. **2. Application of Act.–(1) The provisions of this Act relating to land acquisition, compensation,** rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes, namely:— (a) for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or (b) for infrastructure projects, which includes the following, namely:— (i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March, 2012, excluding private hospitals, private educational institutions and private hotels; (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute; (iii) project for industrial corridors or mining activities, national investment and 1. 1st January 2014, vide notification No. 3729 (E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii). ----- manufacturing zones, as designated in the National Manufacturing Policy; (iv) project for water harvesting and water conservation structures, sanitation; (v) project for Government administered, Government aided educational and research schemes or institutions; (vi) project for sports, health care, tourism, transportation or space programme; (vii) any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; (c) project for project affected families; (d) project for housing for such income groups, as may be specified from time to time by the appropriate Government; (e) project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas; (f) project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State. (2) The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely:— (a) for public private partnership projects, where the ownership of the land continues to vest with the Government, for public purpose as defined in sub-section (1); (b) for private companies for public purpose, as defined in sub-section (1): Provided that in the case of acquisition for— (i) private companies, the prior consent of at least eighty per cent, of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and (ii) public private partnership projects, the prior consent of at least seventy per cent. of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3, shall be obtained through a process as may be prescribed by the appropriate Government: Provided further that the process of obtaining the consent shall be carried out along with the Social Impact Assessment study referred to in section 4: Provided also that no land shall be transferred by way of acquisition, in the Scheduled Areas in contravention of any law (including any order or judgment of a court which has become final) relating to land transfer, prevailing in such Scheduled Areas. (3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where,— (a) a private company purchases land, equal to or more than such limits in rural areas or urban areas, as may be prescribed by the appropriate Government, through private negotiations with the owner of the land in accordance with the provisions of section 46; (b) a private company requests the appropriate Government for acquisition of a part of an area so prescribed for a public purpose: Provided that where a private company requests the appropriate Government for partial acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under the Second Schedule shall be applicable for the entire area which includes the land purchased by the private company and acquired by the Government for the project as a whole. ----- **3. Definition.–In this Act, unless the context otherwise requires,—** (a) ―Administrator‖ means an officer appointed for the purpose of rehabilitation and resettlement of affected families under sub-section (1) of section 43; (b) ―affected area‖ means such area as may be notified by the appropriate Government for the purposes of land acquisition; (c) ―affected family‖ includes— (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; (iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land; (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; (v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; (vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; (d) ―agricultural land‖ means land used for the purpose of— (i) agriculture or horticulture; (ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs; (iii) raising of crops, trees, grass or garden produce; and (iv) land used for the grazing of cattle; (e) ―appropriate Government‖ means,— (i) in relation to acquisition of land situated within the territory of, a State, the State Government; (ii) in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government; (iii) in relation to acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry; (iv) in relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; and (v) in relation to the acquisition of land for the purpose of the Union as may be specified by notification, the Central Government: Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government, the Collector of such District shall be deemed to be the appropriate Government; (f) ―Authority‖ means the Land Acquisition and Rehabilitation and Resettlement Authority established under section 51; ----- (g) ―Collector‖ means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act; (h) ―Commissioner‖ means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of section 44; (i) ―cost of acquisition‖ includes— (i) amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court; (ii) demurrage to be paid for damages caused to the land and standing crops in the process of acquisition; (iii) cost of acquisition of land and building for settlement of displaced or adversely affected families; (iv) cost of development of infrastructure and amenities at the resettlement areas; (v) cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act; (vi) administrative cost,— (A) for acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government; (B) for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition; (vii) cost of undertaking ‗Social impact Assessment study‘; (j) ―company‖ means— (i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other than a Government company; (ii) a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any corresponding law for the time being in force in a State; (k) ―displaced family‖ means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area; (l) ―entitled to act‖, in relation to a person, shall be deemed to include the following persons, namely:— (i) trustees for other persons beneficially interested with reference to any such case, and that to the same extent as the person beneficially interested could have acted if free from disability; (ii) the guardians of minors and the committees or managers of lunatics to the same extent as the minors, lunatics or other persons of unsound mind themselves, if free from disability, could have acted: Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, _mutatis mutandis, apply in the case of persons interested_ appearing before a Collector or Authority by a next friend, or by a guardian for the case, in proceedings under this Act; (m) ―family‖ includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him: ----- Provided that widows, divorcees and women deserted by families shall be considered separate families. _Explanation.—An adult of either gender with or without spouse or children or dependents_ shall be considered as a separate family for the purposes of this Act; (n) ―holding of land‖ means the total land held by a person as an owner, occupant or tenant or otherwise; (o) "infrastructure project" shall include any one or more of the items specified in clause (b) of sub-section (1) of section 2; (p) ―land‖ includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (q) ―landless‖ means such persons or class of persons who may be,— (i) considered or specified as such under any State law for the time being in force; or (ii) in a case of landless not being specified under sub-clause (i), as may be specified by the appropriate Government; (r) ―land owner‖ includes any person,— (i) whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or (ii) any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or (iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or (iv) any person who has been declared as such by an order of the court or Authority; (s) ―local authority‖ includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality as defined in article 243P, of the Constitution; (t) ―marginal farmer‖ means a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding up to one-half hectare; (u) ―market value‖ means the value of land determined in accordance with section 26; (v) ―notification‖ means a notification published in the Gazette of India or, as the case may be, the Gazette of a State and the expression ―notify‖ shall be construed accordingly; (w) ―patta‖ shall have the same meaning as assigned to it in the relevant Central or State Acts or rules or regulations made thereunder; (x) ―person interested‖ means— (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected; (y) ―prescribed‖ means prescribed by rules made under this Act; ----- (z) ―project‖ means a project for which land is being acquired, irrespective of the number of persons affected; (za) ―public purpose‖ means the activities specified under sub-section (1) of section 2; (zb) ―Requiring Body‖ means a company, a body corporate, an institution, or any other organisation or person for whom land is to be acquired by the appropriate Government, and includes the appropriate Government, if the acquisition of land is for such Government either for its own use or for subsequent transfer of such land is for public purpose to a company, body corporate, an institution, or any other organisation, as the case may be, under lease, licence or through any other mode of transfer of land; (zc) ―Resettlement Area‖ means an area where the affected families who have been displaced as a result of land acquisition are resettled by the appropriate Government; (zd) "Scheduled Areas" means the Scheduled Areas as defined in section 2 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996); (ze) ―small farmer‖ means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. CHAPTER II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND _PUBLIC PURPOSE_ **4. Preparation of Social Impact Assessment study.–(1) Whenever the appropriate Government** intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification. (2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government: Provided that the appropriate Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study: Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement. (3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under section 6. (4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:— (a) assessment as to whether the proposed acquisition serves public purpose; (b) estimation of affected families and the number of families among them likely to be displaced; (c) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition; (d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent needed for the project; ----- (e) whether land acquisition at an alternate place has been considered and found not feasible; (f) study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-vis the benefits of the project: Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study. (5) While undertaking a Social Impact Assessment study under sub-section (1), the appropriate Government shall, amongst other things, take into consideration the impact that the project is likely to have on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds. (6) The appropriate Government shall require the authority conducting the Social Impact Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (5), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the Central Government or, as the case may be, the State Government, in operation in the affected area. **5. Public hearing for Social Impact Assessment.–Whenever a Social Impact Assessment is** required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report. **6. Publication of Social Impact Assessment study.–(1)** The appropriate Government shall ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-section (6) of section 4 are prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government. (2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment: Provided that, in respect of irrigation projects where the process of Environment Impact Assessment is required under the provisions of any other law for the time being in force, the provisions of this Act relating to Social Impact Assessment shall not apply. B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP **7. Appraisal of Social Impact Assessment report by an Expert Group.–(1) The appropriate** Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it. (2) The Expert Group constituted under sub-section (1) shall include the following, namely:— (a) two non-official social scientists; (b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be; (c) two experts on rehabilitation; and (d) a technical expert in the subject relating to the project. (3) The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group. ----- (4) If the Expert Group constituted under sub-section (1), is of the opinion that,— (a) the project does not serve any public purpose; or (b) the social costs and adverse social impacts of the project outweigh the potential benefits, it shall make a recommendation within two months from the date of its constitution to the effect that the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same: Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision: Provided further that where the appropriate Government, inspite of such recommendations, proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing. (5) If the Expert Group constituted under sub-section (1), is of the opinion that,— (a) the project will serve any public purpose; and (b) the potential benefits outweigh the social costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options available: Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision. (6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the appropriate Government. **8. Examination of proposals for land acquisition and Social Impact Assessment report by** **appropriate Government.–(1) The appropriate Government shall ensure that—** (a) there is a legitimate and _bona fide public purpose for the proposed acquisition which_ necessitates the acquisition of the land identified; (b) the potential benefits and the public purpose referred to in clause _(a) shall outweigh the_ social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out; (c) only the minimum area of land required for the project is proposed to be acquired; (d) there is no unutilised land which has been previously acquired in the area; (e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof. (2) The appropriate Government shall examine the report of the Collector, if any, and the report of the Expert Group on the Social Impact Assessment study and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected. (3) The decision of the appropriate Government shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government: Provided that where land is sought to be acquired for the purposes as specified in sub-section (2) of section 2, the appropriate Government shall also ascertain as to whether the prior consent of the affected families as required under the proviso to sub-section (2) of section 2, has been obtained in the manner as may be prescribed. ----- **9. Exemption from Social Impact Assessment.–Where land is proposed to be acquired invoking** the urgency provisions under section 40, the appropriate Government may exempt undertaking of the Social Impact Assessment study. CHAPTER III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY **10.** **Special provision to safeguard food security.–(1) Save as otherwise provided in sub-section** (2), no irrigated multi-cropped land shall be acquired under this Act. (2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in subsection (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances. (3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security. (4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that district or State, as may be notified by the appropriate Government: Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like. CHAPTER IV NOTIFICATION AND ACQUISITION **11.** **Publication** **of** **preliminary** **notification** **and** **power** **of** **officers.–(1) Whenever, it appears to** the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:— (a) in the Official Gazette; (b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil; (d) uploaded on the website of the appropriate Government; (e) in the affected areas, in such manner as may be prescribed. (2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose. (3) The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43. (4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such ----- notification till such time as the proceedings under this Chapter are completed: Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this subsection: Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the Collector. (5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months. **12. Preliminary survey of land and power of officers to carry out survey.–For the purposes of** enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,— (a) to enter upon and survey and take levels of any land in such locality; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and (e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner: Provided further that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey: Provided also that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days‘ notice in writing of his intention to do so. **13. Payment for damage.–The officer so authorised under section 12 shall at the time of entry** under section 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final. **14. Lapse of Social Impact Assessment report.–Where a preliminary notification under section** 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under section 11: Provided that the appropriate Government, shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. **15. Hearing of objections.–(1) Any person interested in any land which has been notified under** sub-section (1) of section 11, as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification, object to— (a) the area and suitability of land proposed to be acquired; ----- (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report. (2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government. (3) The decision of the appropriate Government on the objections made under sub-section (2) shall be final. **16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.–(1) Upon** the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include— (a) particulars of lands and immovable properties being acquired of each affected family; (b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired; (c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved; (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and (e) details of any common property resources being acquired. (2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved— (i) a list of Government buildings to be provided in the Resettlement Area; (ii) details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area. (3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme. (4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities. (5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: Provided that in case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired: Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). (6) The Administrator shall, on completion of public hearing submit the draft Scheme for ----- Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector. **17. Review of the Rehabilitation and Resettlement Scheme.–(1) The Collector shall review the** draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45. (2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. **18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner** shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government. **19.** **Publication of declaration and summary of Rehabilitation and Resettlement.–(1) When** the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the ―resettlement area‖ for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required). (2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1): Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land: Provided also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under section 11. (3) In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified. (4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely:— (a) in the Official Gazette; (b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; _(d) uploaded on the website of the appropriate Government;_ _(e) in the affected areas, in such manner as may be prescribed._ (5) Every declaration referred to in sub-section (1) shall indicate,— (a) the district or other territorial division in which the land is situated; ----- (b) the purpose for which it is needed, its approximate area; and (c) where a plan shall have been made for the land, the place at which such plan may be inspected without any cost. (6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act. (7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded: Provided further that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. **20. Land to be marked out, measured and planned including marking of specific areas.–The** Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same. **21. Notice to persons interested.–(1) The Collector shall publish the public notice on his website** and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20. (3) The Collector may in any case require such statement referred to in sub-section (2) to be made in writing and signed by the party or his agent. (4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situated. (5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of place or business and also publish the same in at least two national daily newspapers and also on his website. **22. Power to require and enforce the making of statements as to names and interests.–(1) The** Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. (2) Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860). ----- **23. Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day** to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of— (a) the true area of the land; (b) the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land; and (c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him. **24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in** **certain cases.–(1) Notwithstanding anything contained in this Act, in any case of land acquisition** proceedings initiated under the Land Acquisition Act, 1894,— (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. (2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act: Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act. **25. Period within which an award shall be made.–The Collector shall make an award within a** period of twelve months from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the appropriate Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. **26. Determination of market value of land by Collector.–(1) The Collector shall adopt the** following criteria in assessing and determining the market value of the land, namely:— (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: ----- Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11. _Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into_ account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. _Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of_ the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. _Explanation_ 3.—While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration. _Explanation 4.—While determining the market value under this section and the average sale_ price referred to in _Explanation 1 or_ _Explanation 2, any price paid, which in the opinion of the_ Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value. (2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule. (3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the reason that— _(a) the land is situated in such area where the transactions in land are restricted by or under_ any other law for the time being in force in that area; or _(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section_ (1) for similar land are not available for the immediately preceding three years; or _(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899)_ by the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas: Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1): Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area: Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice. **27. Determination of amount of compensation.–The Collector having determined the market** value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. ----- **28. Parameters to be considered by Collector in determination of award.–In determining the** amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration— _firstly, the market value as determined under section 26 and the award amount in accordance_ with the First and Second Schedules; _secondly, the damage sustained by the person interested, by reason of the taking of any_ standing crops and trees which may be on the land at the time of the Collector's taking possession thereof; _thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's_ taking possession of the land, by reason of severing such land from his other land; _fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's_ taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; _fifthly, in consequence of the acquisition of the land by the Collector, the person interested is_ compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; _sixthly, the damage (if any)_ _bona fide resulting from diminution of the profits of the land_ between the time of the publication of the declaration under section 19 and the time of the Collector's taking possession of the land; and _seventhly, any other ground which may be in the interest of equity, justice and beneficial to the_ affected families. **29.** **Determination** **of** **value of things attached to land or building.–(1) The Collector in** determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him. (2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. (3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him. **30. Award of solatium.–(1) The Collector having determined the total compensation to be paid,** shall, to arrive at the final award, impose a ―Solatium‖ amount equivalent to one hundred per cent. of the compensation amount. _Explanation.—For the removal of doubts it is hereby declared that solatium amount shall be in_ addition to the compensation payable to any person whose land has been acquired. (2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. (3) In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. ----- CHAPTER V REHABILITATION AND RESETTLEMENT AWARD **31.** **Rehabilitation and Resettlement** **Award** **for affected families by** **Collector.–(1) The** Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:— (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; (c) particulars of house site and house to be allotted, in case of displaced families; _(d) particulars of land allotted to the displaced families;_ (e) particulars of one time subsistence allowance and transportation allowance in case of displaced families; (f) particulars of payment for cattle shed and petty shops; (g) particulars of one-time amount to artisans and small traders; (h) details of mandatory employment to be provided to the members of the affected families; (i) particulars of any fishing rights that may be involved; (j) particulars of annuity and other entitlements to be provided; (k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as ―not applicable‖: Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index. **32. Provision of infrastructural amenities in resettlement area.–In every resettlement area as** defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule. **33. Corrections to awards by Collector.–(1) The Collector may at any time, but not later than six** months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government. **34. Adjournment of enquiry.–The Collector may, for any cause he thinks fit, from time to time** adjourn the enquiry to a day to be fixed by him. ----- **35. Power to summon and enforce attendance of witnesses and production of documents.–For** the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). **36. Power to call for records, etc.–The appropriate Government may at any time before the** award is made by the Collector under section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard. **37. Awards of Collector when to be final.–(1) The Awards shall be filed in the Collector‘s office** and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made. (3) The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose. **38. Power to take possession of land to be acquired.–(1) The Collector shall take possession of** land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under section 30: Provided that the components of the Rehabilitation and Resettlement Package in the Second and Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen months from the date of the award: Provided further that in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the lands acquired. (2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families. **39. Additional compensation in case of multiple displacements.–The Collector shall, as far as** possible, not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional compensation equivalent to that of the compensation determined under this Act for the second or successive displacements. **40. Special powers in case of urgency to acquire land in certain cases.–(1) In cases of urgency,** whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances. (2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament: ----- Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience. (3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall tender payment of eighty per cent. of the compensation for such land as estimated by him to the person interested entitled thereto. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11. (5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27, shall be paid by the Collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) of this section: Provided that no additional compensation will be required to be paid in case the project is one that affects the sovereignty and integrity of India, the security and strategic interests of the State or relations with foreign States. **41. Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no** acquisition of land shall be made in the Scheduled Areas. (2) Where such acquisition does take place it shall be done only as a demonstrable last resort. (3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force: Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. (4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition. (5) The Development Plan shall also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. (6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first instalment and the rest shall be paid after taking over of the possession of the land. (7) The affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. (8) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. (9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. ----- (10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent. rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a onetime entitlement of fifty thousand rupees. **42. Reservation and other benefits.–(1) All benefits, including the reservation benefits available** to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area. (2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlment area is a Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in the said Sixth Schedule, or not. (3) Where the community rights have been settled under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall be quantified in monetary amount and be paid to the individual concerned who has been displaced due to the acquisition of land in proportion with his share in such community rights. CHAPTER VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT **43. Appointment of Administrator.–(1) Where the appropriate Government is satisfied that there** is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. (3) Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator. **44. Commissioner for rehabilitation and resettlement.–(1) The State Government shall appoint** an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas. **45. Rehabilitation and resettlement committee at project level.–(1) Where land proposed to be** acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the ----- appropriate Government, the following members, namely:— (a) a representative of women residing in the affected area; (b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area; (c) a representative of a voluntary organisation working in the area; _(d) a representative of a nationalised bank;_ (e) the Land Acquisition Officer of the project; (f) the Chairpersons of the panchayats or municipalities located in the affected area or their nominees; (g) the Chairperson of the District Planning Committee or his nominee; (h) the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees; (i) a representative of the Requiring Body; and (j) Administrator for Rehabilitation and Resettlement as the Member-Convenor. (3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the appropriate Government. **46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons** **other than specified persons.—(1) Where any person other than a specified person is purchasing land** through private negotiations for an area equal to or more than such limits, as may be notified by the appropriate Government, considering the relevant State specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of— (a) intent to purchase; (b) purpose for which such purchase is being made; (c) particulars of lands to be purchased. (2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement. (3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act. (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio: Provided that the appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose. (6) If any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land is acquired within three years from the date of commencement of this Act, then, forty per cent. of the compensation paid for such land acquired shall be shared with the original land owners. _Explanation.—For the purpose of this section, the expression—_ (a) ―original land owner‖ refers to the owner of the land as on the 5th day of September, 2011; ----- (b) ―specified persons‖ includes any person other than— (i) appropriate Government; (ii) Government company; (iii) association of persons or trust or society as registered under the Societies Registration Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled by the appropriate Government. **47. Quantification and deposit of rehabilitation and resettlement amount.–Where the** Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 43, under the supervision of the Collector. CHAPTER VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT **48.** **Establishment of National Monitoring Committee for rehabilitation and resettlement.–(1)** The Central Government may, whenever necessary, for national or inter-State projects, constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act. (2) The Committee may, besides having representation of the concerned Ministries and Departments of the Central and State Governments, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed. (4) The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning. **49. Reporting requirements.–The States and Union territories shall provide all the relevant** information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely manner, and also as and when required. **50. Establishment of State Monitoring Committee for rehabilitation and resettlement.–(1)** The State Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act. (2) The Committee may, besides having representatives of the concerned Ministries and Departments of the State Government, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed by the State. (4) The State Government shall provide such officers and other employees to the Committee as may be necessary for its efficient functioning. CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY **51.** **Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.–(1) The** appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as ―the Land Acquisition, Rehabilitation and Resettlement Authority‖ to exercise jurisdiction, powers and authority conferred on it by or under this Act. (2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to ----- sub-section (1) of section 64. **52. Composition of Authority.–(1) The Authority shall consist of one person only (hereinafter** referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may authorise the Presiding Officer of one Authority to discharge also the functions of the Presiding Officer of another Authority. **53. Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for** appointment as the Presiding Officer of an Authority unless,— (a) he is or has been a District Judge; or (b) he is a qualified legal practitioner for not less than seven years. (2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established. **54. Terms of office of Presiding Officer.–The Presiding Officer of an Authority shall hold office** for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. **55. Staff of Authority.–(1) The appropriate Government shall provide the Authority with a** Registrar and such other officers and employees as that Government may think fit. (2) The Registrar and other officers and employees of an Authority shall discharge their functions under the general superintendence of the Presiding Officer. (3) The salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority shall be such as may be prescribed. **56. Salary and allowances and other terms and conditions of service of Presiding Officers.–** The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Presiding Officer of an Authority, shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the said Presiding Officers shall be varied to their disadvantage after appointment. **57. Filling up of vacancies.–If, for any reason other than temporary absence, any vacancy occurs** in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled. **58. Resignation and removal.–(1) The Presiding Officer of an Authority may, by notice in** writing under his hand addressed to the appropriate Government, resign his office: Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier. (2) The Presiding Officer of an Authority shall not be removed from his office except by an order made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. (3) The appropriate Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer. **59. Orders constituting Authority to be final and not to invalidate its proceedings.–No order** of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in ----- question in any manner on the ground merely of any defect in the constitution of an Authority. **60. Powers of Authority and procedure before it.–(1) The Authority shall, for the purposes of its** functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed. (2) The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 64. (3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure. (4) The Authority shall, after receiving reference under section 64 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly. (5) The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award. **61. Proceedings before Authority to be judicial proceedings.–All proceedings before the** Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). **62. Members and officers of Authority to be public servants.–The Member and officers of the** Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **63. Jurisdiction of civil courts barred.–No civil court (other than High Court under article 226 or** article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or under this Act, and no injunction shall be granted by any court in respect of any such matter. **64. Reference to Authority.–(1) Any person interested who has not accepted the award may, by** written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested: Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority: Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. (2) The application shall state the grounds on which objection to the award is taken: ----- Provided that every such application shall be made— (a) person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector‘s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector‘s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso. **65. Collector’s statement to Authority.–(1) In making the reference, the Collector shall state for** the information of the Authority, in writing under his hand— (a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid or tendered under section 13, and the amount of compensation awarded under the provisions of this Act; (d) the amount paid or deposited under any other provisions of this Act; and (e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively. **66. Service of notice by Authority.–The Authority shall thereupon cause a notice specifying the** day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely:— (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector. **67. Restriction on scope of proceedings.–The scope of the enquiry in every such proceeding shall** be restricted to a consideration of the interest of the persons affected by the objection. **68. Proceeding to be in public.–Every such proceeding shall take place in public, and all persons** entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding. **69. Determination of award by authority.–(1) In determining the amount of compensation to be** awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act. (2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. _Explanation.—In computing the period referred to in this sub-section, any period or periods during_ which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. ----- (3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent. over the total compensation amount. **70. Form of award.–(1) Every award under this Chapter shall be in writing signed by the** Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). **71. Costs.–(1) Every such award shall also state the amount of costs incurred in the proceeding** under this Chapter, and by what persons and in what proportions they are to be paid. (2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector‘s costs. **72. Collector may be directed to pay interest on excess compensation.–If the sum, which in the** opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from the date on which he took possession of the land to the date of payment of such excess into Authority: Provided that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such expiry. **73. Re-determination of amount of compensation on the basis of the award of the Authority.–** (1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 23, the persons interested in all the other land covered by the same preliminary notification under section 11, and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Authority: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority concerned. **74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed** by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. ----- (2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court. _Explanation.—For the purposes of this section, ―High Court‖ means the High Court within the_ jurisdiction of which the land acquired or proposed to be acquired is situated. CHAPTER IX APPORTIONMENT OF COMPENSATION **75. Particulars of apportionment to be specified.–When there are several persons interested, if** such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment. **76. Dispute as to apportionment.–When the amount of compensation has been settled, if any** dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority. CHAPTER X PAYMENT **77. Payment of compensation or deposit of same in Authority.–(1) On making an award under** section 30, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2). (2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. **78. Investment of money deposited in respect of lands belonging to person incompetent to** **alienate.–(1) If any money is deposited in the Authority concerned under sub-section (2) of section 77** and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Authority concerned shall— (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held; or (b) if such purchase cannot be effected forthwith, then in such Government of other approved securities as the Authority concerned shall think fit, and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied— (i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto. ----- (2) In all cases of money deposited to which this section applies the Authority concerned shall order the costs of the following matters, including therein all reasonable charge and expenses incident thereon, to be paid by the Collector, namely:— (a) the costs of such investments as aforesaid; (b) the costs of the orders for the payment of the interest or other proceeds of the securities upon which such moneys are for the time being invested, and for the payment out of the Authority concerned of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants. **79. Investment of money deposited in other cases.–When any money shall have been deposited** in the Authority concerned under this Act for any cause other than the causes mentioned in section 78, the Authority may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. **80. Payment of interest.–When the amount of such compensation is not paid or deposited on or** before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent. per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry. CHAPTER XI TEMPORARY OCCUPATION OF LAND **81.** **Temporary occupation of waste or arable land, procedure when difference as to** **compensation exists.–(1) Whenever it appears to the appropriate Government that the temporary** occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority. **82. Power to enter and take possession and compensation on restoration.–(1) On payment of** such compensation, or on executing such agreement, or on making a reference under section 64, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose. ----- **83. Difference as to condition of land.–In case the Collector and persons interested differ as to** the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Authority concerned. CHAPTER XII OFFENCES AND PENALTIES **84.** **Punishment for false information, mala fide action, etc.–(1) If a person, in connection with a** requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both. (2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed. (3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide. **85. Penalty for contravention of provisions of Act.–If any person contravenes any of the** provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both. **86. Offences by companies.–(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) ―company‖ means any body corporate and includes a firm or other association of individuals and a Requiring Body; and (b) ―director‖, in relation to a firm, means a partner in the firm. **87. Offences by Government departments.–(1) Where an offence under this Act has been** committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ----- **88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a** Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act. **89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable. **90. Offences to be cognizable only on complaint filed by certain persons.–No court shall take** cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the appropriate Government or any member of the affected family. CHAPTER XIII MISCELLANEOUS **91. Magistrate to enforce surrender.–If the Collector is opposed or impeded in taking possession** under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector. **92. Service of notice.–(1) Save as otherwise provided in section 66, the service of any notice** under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired: Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and also publish the same in at least two national daily newspapers and also on his website. **93. Completion of acquisition not compulsory, but compensation to be awarded when not** **completed.–(1) The appropriate Government shall be at liberty to withdraw from the acquisition of** any land of which possession has not been taken. (2) Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land. **94. Acquisition of part of house or building.–(1) The provisions of this Act shall not be put in** force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired: Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Authority concerned and shall not be taken possession of such land until after the question has been determined. (2) In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building. (3) If, in the case of any claim under this Act, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is ----- unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part. (4) In the case of any acquisition of land so required no fresh declaration or other proceedings under sections 11 to 19, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 23. **95. Acquisition of land at cost of a local authority or Requiring Body.–(1) Where the** provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body. (2) In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under section 64. **96. Exemption from income-tax, stamp duty and fees.–No income tax or stamp duty shall be** levied on any award or agreement made under this Act, except under section 46 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same. **97. Acceptance of certified copy as evidence.–In any proceeding under this Act, a certified copy** of a document registered under the Registration Act, 1908 (16 of 1908) including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document. **98. Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding** shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month‘s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments. **99. No change of purpose to be allowed.–No change from the purpose or related purposes for** which the land is originally sought to be acquired shall be allowed: Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fundamental change because of any unforeseen circumstances, then the appropriate Government may use such land for any other public purpose. **100. No change of ownership without permission to be allowed.–No change of ownership** without specific permission from the appropriate Government shall be allowed. **101. Return of unutilised land.– When any land acquired under this Act remains unutilised for a** period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government. _Explanation.—For the purpose of this section, "Land Bank" means a governmental entity that_ focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use. **102. Difference in price of land when transferred for higher consideration to be shared.–** Whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, without any development having taken place on such land, forty per cent. of the appreciated land value shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired within a period of five years from the date of acquisition: Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion of the acquisition proceedings. ----- **103. Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition** to and not in derogation of, any other law for the time being in force. **104. Option of appropriate Government to lease.–Notwithstanding anything contained in this** Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the land on lease, instead of acquisition, for any public purpose referred to in sub-section (1) of section 2. **105. Provisions of this Act not to apply in certain cases or to apply with certain** **modifications.–(1) Subject to sub-section (3), the provisions of this Act shall not apply to the** enactments relating to land acquisition specified in the Fourth Schedule. (2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule. (3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be. (4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament. **106. Power to amend Schedule.–(1) The Central Government may, by notification, amend or** alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the provisions of this Act relating to compensation or rehabilitation and resettlement. (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament. **107. Power of State Legislatures to enact any law more beneficial to affected families.–** Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compensation than payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act. **108. Option to affected families to avail better compensation and rehabilitation and** **resettlement.–(1) Where a State law or a policy framed by the Government of a State provides for a** higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State. (2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State law or such policy of the State instead of under this Act. **109. Power of appropriate Government to make rules.–(1) Subject to the other provisions of** this Act, the appropriate Government may, by notification, make rules for carrying out the provisions ----- of this Act. (2) In particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely:— (a) the process of obtaining the prior consent under the first proviso to sub-section (2) of section 2; (b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of section 2; (c) the manner and the time limit for carrying out social impact assessment study under sub-section (1) of section 4; (d) the manner of preparing and publishing social impact assessment study reports under sub-section (1) of section 6; (e) the manner and time for conducting survey and undertaking census under sub-section (2) of section 16; (f) the manner of preparing draft Rehabilitation and Resettlement Scheme under sub-section (5) of section 16; (g) the manner of conducting public hearing under sub-section (5) of section 16; (h) the manner of depositing amount by the Requiring Body under second proviso to sub-section (2) of section 19; (i) the manner in which and the period within which any excess amount paid may be recovered under sub-section (3) of section 33; (j) the form in which the Development Plan shall be prepared under sub-section (2) of section 41; (k) the powers, duties and responsibilities of Administrator under sub-section (2) of section 43; (l) the procedure of Rehabilitation and Resettlement Committee under sub-section (3) of section 45; (m) the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances to be paid to the experts under sub-section (3) of section 48; (n) the procedures to be followed by the State Monitoring Committee and the allowances payable to the experts under sub-section (3) of section 50; (o) the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under sub-section (3) of section 55; (p) the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under section 56; (q) any other matter under clause (g) of sub-section (1) of section 60; (r) the manner of recovery of the rehabilitation and resettlement benefits, availed of by making false claim or through fraudulent means, under sub-section (2) of section 84; (s) the manner of returning the unutilised land by reversion under section 101; (t) manner of publication wherever the provisions of this Act provide for; (u) any other matter which is required to be or may be specified under this Act. **110. Rules made by Central Government to be laid before Parliament.–Every rule made by** the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any ----- modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **111. Rules made by State Government to be laid before State Legislature.–Every rule made by** the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **112. Previous publication of rules made by Central and State Government.–The power to** make rules by the Central or State Government under this Act shall be subject to the condition of the rules, being made after previous publication. **113. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of** this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **114. Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.** (2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals. ----- THE FIRST SCHEDULE [See section 30(2)] COMPENSATION FOR LAND OWNERS The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government. Serial No. Component of compensation package in respect of land acquired under the Act Manner of determination of value Date of determination of value (1) (2) (3) (4) 1. Market value of land To be determined as provided under section 26. 2. Factor by which the market value is to be multiplied in the case of rural areas 3. Factor by which the market value is to be multiplied in the case of urban areas 4. Value of assets attached to land or building 1.00 (One) to 2.00 (Two) based on the distance of project from urban area, as may be notified by the appropriate Government. 1(One). To be determined as provided under section 29. 5. Solatium Equivalent to one hundred per cent. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial number 4 under column (2). 6. Final award in rural areas Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under column (2). 7. Final award in urban areas Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 3 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under column (2). 8. Other component, if any, to be included NOTE.–The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number. ----- THE SECOND SCHEDULE [See sections 31(1), 38(1) and 105(3)] ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE. Serial No. Elements of Rehabilitation and Resettlement Entitlements Entitlement/provision Whether provided or not (if provided, details to be given) (1) (2) (3) (4) 1. Provision of housing units in case of displacement (1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees: Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house: Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act. _Explanation.–The houses in urban area may, if_ necessary, be provided in multi-storied building complexes. 2. Land for Land In the case of irrigation project, as far as possible and in lieu of compensation to be paid for land acquired, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: Provided that in every project those persons losing land and belonging to the Scheduled Castes or the Scheduled Tribes will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower. ----- (1) (2) (3) (4) 3. Offer for Developed Land In case the land is acquired for urbanisation purposes, twenty per cent. of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: Provided that in case the land owning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4. Choice of Annuity or Employment 5. Subsistence grant for displaced families for a period of one year 6. Transportation cost for displaced families The appropriate Government shall ensure that the affected families are provided with the following options: (a) where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of five lakhs rupees per affected family; or (c) annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. In case of displacement from the Scheduled Areas, as far as possible, the affected families shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. Each affected family which is displaced shall get a onetime financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle. 7. Cattle shed/Petty shops cost Each affected family having cattle or having a petty shop shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twentyfive thousand rupees for construction of cattle shed or petty shop as the case may be. ----- (1) (2) (3) (4) 8. One-time grant to artisan, small traders and certain others Each affected family of an artisan, small trader or self-employed person or an affected family which owned nonagricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees. 9. Fishing rights In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government. 10. One-time Resettlement Allowance 11. Stamp duty and registration fee Each affected family shall be given a one-time ―Resettlement Allowance‖ of fifty thousand rupees only. (1) The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body. (2) The land for house allotted to the affected families shall be free from all encumbrances. (3) The land or house allotted may be in the joint names of wife and husband of the affected family. ----- THE THIRD SCHEDULE [See sections 32, 38(1) and 105(3)] PROVISION OF INFRASTRUCTURAL AMENITIES For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement. A reasonably habitable and planned settlement would have, as a minimum, the following facilities and resources, as appropriate: Serial No. Component of infrastructure amenities provided/proposed to be provided by the acquirer of land Details of infrastructure amenities provided by the acquirer of land (1) (2) (3) 1. Roads within the resettled villages and an all-weather road link to the nearest pucca road, passages and easement rights for all the resettled families be adequately arranged. 2. Proper drainage as well as sanitation plans executed before physical resettlement. 3. One or more assured sources of safe drinking water for each family as per the norms prescribed by the Government of India. 4. Provision of drinking water for cattle. 5. Grazing land as per proportion acceptable in the State. 6. A reasonable number of Fair Price Shops. 7. Panchayat Ghars, as appropriate. 8. Village level Post Offices, as appropriate, with facilities for opening saving accounts. 9. Appropriate seed-cum-fertilizer storage facility if needed. 10. Efforts must be made to provide basic irrigation facilities to the agricultural land allocated to the resettled families if not from the irrigation project, then by developing a cooperative or under some Government scheme or special assistance. 11. All new villages established for resettlement of the displaced persons shall be provided with suitable transport facility which must include public transport facilities through local bus services with the nearby growth centres/urban localities. 12. Burial or cremation ground, depending on the caste- communities at the site and their practices. 13. Facilities for sanitation, including individual toilet points. 14. Individual single electric connections (or connection through nonconventional sources of energy like solar energy), for each household and for public lighting. 15. Anganwadi‘s providing child and mother supplemental nutritional services. 16. School as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009); ----- (1) (2) (3) 17. Sub-health centre within two kilometres range. 18. Primary Health Centre as prescribed by the Government of India. 19. Playground for children. 20. One community centre for every hundred families. 21. Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area. 22. Separate land must be earmarked for traditional tribal institutions. 23. The forest dweller families must be provided, where possible, with their forest rights on non-timber forest produce and common property resources, if available close to the new place of settlement and, in case any such family can continue their access or entry to such forest or common property in the area close to the place of eviction, they must continue to enjoy their earlier rights to the aforesaid sources of livelihood. 24. Appropriate security arrangements must be provided for the settlement, if needed. 25. Veterinary service centre as per norms. NOTE.– Details of each component of infrastructural amenities mentioned under column (2) against serial numbers 1 to 25 should be indicated by the acquirer of land under column (3). ----- THE FOURTH SCHEDULE (See section 105) LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT 1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958). 2. The Atomic Energy Act, 1962 (33 of 1962). 3. The Damodar Valley Corporation Act, 1948 (14 of 1948). 4. The Indian Tramways Act, 1886 (11 of 1886) 5. The Land Acquisition (Mines) Act, 1885 (18 of 1885). 6. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978). 7. The National Highways Act, 1956 (48 of 1956). 8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). 9. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). 10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957). 12. The Electricity Act, 2003 (36 of 2003). 13. The Railways Act, 1989 (24 of 1989). # ––––––– -----

28-Dec-1957

67

The Mines and Minerals (Development and Reguation), Act, 1957

https://www.indiacode.nic.in/bitstream/123456789/20096/1/a1957-67.pdf

Andaman and Nicobar Islands

# THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Declaration as to expediency of Union Control. 3. Definitions. CHAPTER II GENERAL RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS 4. Prospecting or mining operations to be under licence or lease. 4A. Termination of prospecting licences, exploration licences or mining leases. 4B. Conditions for efficiency in production. 5. Restrictions on the grant of mineral concession. 6. Maximum area for which mineral concession may be granted. 7. Periods for which prospecting licences may be granted or renewed. 8. Periods for which mining leases may be granted or renewed. 8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals. 8B. Provisions for period and transfer of statutory clearances. 9. Royalties in respect of mining leases. 9A. Dead rent to be paid by the lessee. 9B. District Mineral Foundation. 9C. National Mineral Exploration Trust. CHAPTER III PROCEDURE FOR OBTAINING MINERAL CONCESSION IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT 10. Application for mineral concession. 10A. Rights of existing concession holders and applicants. 10B. Grant of mining lease in respect of notified minerals through auction. 10BA. Grant of exploration licence for minerals specified in Seventh Schedule through auction. 10C. [Omitted.] 11. Grant of composite licence through auction in respect of minerals other than notified minerals. 11A. Granting of mineral concession or composite licence in respect of coal or lignite. 11B. Power of Central Government to make rules for regulating atomic minerals specified under Part B of First Schedule. 11C. Power of Central Government to amend First Schedule and Fourth Schedule. 11D. Central Government to conduct auction for grant of mining lease or composite licence in respect of minerals specified in Part D of First Schedule. 12. Registers of mineral concession. 12A. Transfer of mineral concessions. 1 ----- CHAPTER IV RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS SECTIONS 13. Power of Central Government to make rules in respect of minerals. 13A. Power of Central Government to make rules for grant of prospecting licences or mining leases in respect of territorial waters or continental shelf of India. 14. [Sections 5 to 13] not to apply to minor minerals. 15. Power of State Governments to make rules in respect of minor minerals. 15A. Power of State Government to collect funds for District Mineral Foundation in case of minor minerals. 16. Power to modify mining leases granted before 25th October, 1949. CHAPTER V SPECIAL POWERS OF CENTRAL GOVERNMENT TO UNDERTAKE PROSPECTING OR MINING OPERATIONS IN CERTAIN CASES 17. Special powers of Central Government to undertake prospecting or mining operations in certain lands. 17A. Reservation of areas for purposes of conservation. CHAPTER VI DEVELOPMENT OF MINERALS 18. Mineral development. 18A. Power to authorise Geological Survey of India, etc., to make investigation. CHAPTER VII MISCELLANEOUS 19. Mineral concession to be void if in contravention of Act. 20. Act and rules to apply to all renewals of prospecting licences and mining leases. 20A. Power of Central Government to issue directions. 21. Penalties. 22. Cognizance of offences. 23. Offences by companies. 23A. Compounding of offences. 23B. Power to search. 23C. Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals. 24. Power of entry and inspection. 24A. Rights and liabilities of a holder of mineral concession. 25. Recovery of certain sums as arrears of land revenue. 26. Delegation of powers. 27. Protection of action taken in good faith. 28. Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament. 29. Existing rules to continue. 30. Power of revision by Central Government. 30A. Special provisions relating to mining leases for coal granted before 25th October, 1949. 2 ----- SECTIONS 30B. Constitution of Special Courts. 30C. Special Courts to have powers of Court of Session. 31. Relaxation of rules in special cases. 32. [Repealed]. 33. Validation of certain acts and indemnity. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. 3 ----- # THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. 67 OF 1957 [28th December, 1957.] # An Act to provide for the [1][development and regulation of mines and minerals] under the control of the Union. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title, extent and commencement.―(1) This Act may be called the Mines and Minerals** 2[(Development and Regulation)] Act, 1957. (2) It extends to the whole of India. (3) It shall come into force on such date[3]as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of Union Control.―It is hereby declared that it is expedient in the** public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided. **3. Definitions.―In this Act, unless the context otherwise requires,―** 4[(a) “composite licence” means the prospecting licence-cum-mining lease which is a two stage concession granted for the purpose of undertaking prospecting operations followed by mining operations in a seamless manner; (aa) “dispatch” means the removal of minerals or mineral products from the leased area and includes the consumption of minerals and mineral products within such leased area; 5[(aaa) “exploration licence” means a licence granted for undertaking reconnaissance operations or prospecting operations or both in respect of minerals specified in the Seventh Schedule;] (ab) “Government company” shall have the same meaning as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); (ac) “leased area” means the area specified in the mining lease within which the mining operations can be undertaken and includes the non- mineralized area required and approved for the activities falling under the definition of “mine” as referred to in clause (i); (ad) “minerals” includes all minerals except minerals oils; (ae) “minerals concession” means either a reconnaissance permit, prospecting licence, minig lease, composite licence [5][,exploration licence] or a combination of any of these and the expression “concession” shall be construed accordingly;] (b) “mineral oils” includes natural gas and petroleum; (c) “mining lease” means a lease granted for the purpose of undertaking mining operations, and includes a sub-lease granted for such purpose; (d) “mining operations” means any operations undertaken for the purpose of winning any mineral; 1. Subs. by Act 38 of 1999, s. 2, for “regulation of mines and the development of minerals” (w.e.f. 18-12-1999). 2. Subs. by s. 3, ibid., for “(Regulation and Development)” (w.e.f. 18-12-1999). 3. 1st June, 1958, vide notification No. G.S.R. 432, dated 29th May, 1958, see Gazette of India, Extraordinary, Part II, sec. 3(i). 4. Subs. by Act 16 of 2021, s. 3, for clause (a) and (aa) (w.e.f. 28-3-2021). 5. Ins. by Act 16 of 2023, s. 2 (w.e.f. 17-8-2023). 4 ----- (e) “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral; 1[(ea)“notified minerals” means any mineral specified in the Fourth Schedule;] (f) “prescribed” means prescribed by rules made under this Act; 2[(fa) “production” or any derivative of the word “production” means the winning or raising of mineral within the leased area for the purpose of processing or dispatch;] (g) “prospecting licence” means a licence granted for the purpose of undertaking prospecting operations; 3* - - - (h) “prospecting operations” means any operations undertaken for the purpose of exploring, locating or proving mineral deposit ; [4]*** 5[(ha) “reconnaissance operations” means any operations undertaken for preliminary prospecting of a mineral through regional, aerial, geophysical or geochemical surveys and geological mapping, include pitting, trenching, drilling and sub-surface excavation;] (hb) “reconnaissance permit” means a permit granted for the purpose of undertaking reconnaissance operations; [4]***] 2[(hba) “Schedule” means the Schedules appended to the Act;] 1[(hc) “Special Court” means a Court of Session designated as Special Court under sub-section (1) of section 30B; and] (i) the expressions, “mine” and “owner”, have the meaning assigned to them in the Mines Act, 1952 (35 of 1952). 2[Explanation.—For the purpose of this clause, — (i) a mine continues to be a mine till exhaustion of its mineable mineral reserve and a mine may have different owners during different times from the grant of first mining lease till exhaustion of such mineable mineral reserve; (ii) the expression “mineral reserve” means the economically minearble part of a measured and indicated mineral resource.] CHAPTER II GENERAL RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS **4. Prospecting or mining operations to be under licence or lease.―(1)** [6][No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence [7][or of a exploration licence] or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder]: Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with terms and conditions of a prospecting licence [9][or of a exploration licence], mining lease granted before the commencement of this Act which is in force at such commencement: 1. Ins. by Act 10 of 2015, s. 2 (w.e.f. 12-1-2015). 2. Ins. by Act 16 of 2021, s. 3 (w.e.f. 28-3-2021). 3. Clause (ga) omitted by Act 16 of 2021, s. 3 (w.e.f. 28-3-2021). 4. The word “and” omitted by Act 10 of 2015, s. 2 (w.e.f. 12-1-2015) 5. Subs. by Act 16 of 2023, s. 2, for clause (ha) (w.e.f. 17-8-2023). 6. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999). 7. Ins. by Act 16 of 2023, s. 3 (w.e.f. 17-8-2023). 5 ----- 1[Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, [2][the Atomic Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited., a Government company within the meaning of [3][clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any [4][other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]]:] 5[Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu.] 6[(1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder.] (2) [7][No [8][mineral concession]] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. 5[(3)Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 18, [9][undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any [11][mineral concession]].] **10[11[4A.Termination of prospecting licences, exploration licences or mining leases.]―(1) Where** the Central Government, after consultation with the State Government, is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution, or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for conservation of mineral resources or for maintaining safety in the mines or for such other purposes, as the Central Government may deem fit, it may request the State Government to make a premature termination of a [12][prospecting licence or exploration licence] or mining lease in respect of any mineral other than a minor mineral in any area or part thereof, and, on receipt of such request, the State Government shall make an order making a premature termination of such [12][prospecting licence or exploration licence] or mining lease with respect to the area or any part thereof. (2) Where the State Government [13]*** is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for such other purposes, as the State Government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of prospecting licence or mining lease with respect to the area or any part thereof covered by such licence or lease. 14[* - - - *] 1. Ins. by Act 37 of 1986, s. 2 (w.e.f. 10-2-1987). 2. Subs. by Act 38 of 1999, s. 5, for “the Atomic Minerals Division” (w.e.f. 18-12-1999). 3. Subs. by Act 10 of 2015, s. 3, for “section 617 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 12-1-2015). 4. Subs. by Act 16 of 2021, s. 4, for certain words (w.e.f. 28-3-2021). 5. Ins. by Act 16 of 1987, s. 14 (w.e.f. 1-10-1963). 6. Ins. by Act 38 of 1999, s. 5 (w.e.f. 18-12-1999). 7. Subs. by s. 5, ibid., “No prospecting licence or mining lease” (w.e.f. 18-12-1999). 8. Subs. by Act 16 of 2021, s. 2, for “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 9. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987). 11. Subs. by Act 16 of 2023, s. 4, for the marginal heading (w.e.f. 17-8-2023). 12. Subs. by s. 4, ibid., for “prospecting license” (w.e.f. 17-8-2023). 13. The words “, after consultation with the Central Government,” omitted by Act 25 of 1994, s. 2 (w.e.f. 25-1-1994). 14. Proviso omitted by Act 38 of 1999, s. 6 (w.e.f. 18-12-1999). 6 ----- (3) No order making a premature termination of a prospecting licence [1][or exploration licence] or mining lease shall be, made except after giving the holder of the licence or lease a reasonable opportunity of being heard. (4) Where the holder of a mining lease fails to undertake [2][production and dispatch] for a period of 3[two years] after the date of execution of the lease or having commenced 2[production and dispatch], has discontinued the same for a period of [3][two years], the lease shall lapse on the expiry of the period of 3[two years] from the date of execution of the lease or, as the case may be, discontinuance of the 2[production and dispatch]: 4[Provided that the State Government may, on an application made by the holder of such lease before it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake production and dispatch or to continue such production and dispatch for reasons beyond his control, make an order, within a period of three months from the date of receipt of such application, to extend the period of two years by a further period not exceeding one year and such extension shall not be granted for more than once during the entire period of lease: Provided further that such lease shall lapse on failure to undertake production and dispatch or having commenced the production and dispatch fails to continue the same before the end of such extended period.] 5[4B. Conditions for efficiency in production. Notwithstanding anything contained in section 4A, the Central Government may, in the interest of maintaining sustained production of minerals in the country, prescribe such conditions as may be necessary for commencement and continuation of production by the holders of mining leases who have acquired rights, approvals, clearances and the like under section 8B.] 6[7[5. Restrictions on the grant of mineral concession.]―8[(1) A State Government shall not grant a [9][mineral concession] to any person unless such person― (a) is an Indian national, or company as defined in [10][clause (20) of section 2 of the Companies Act, 2013 (18 of 2013)]; and (b) satisfies such conditions as may be prescribed: 11[Provided that in respect of any mineral specified in Part A and Part B of the First Schedule, no reconnaissance permit, prospecting licence or mining lease shall be granted except with the previous approval of the Central Government.] 12[Provided further that the previous approval of the Central Government shall not be required for grant of [9][mineral concession] in respect of the minerals specified in Part A of the First Schedule, where,— (i) an allocation order has been issued by the Central Government under section 11A; or (ii) a notification of reservation of area has been issued by the Central Government or the State Government under sub-section (1A) or sub-section (2) of section 17A; or (iii) a vesting order or an allotment order has been issued by the Central Government under the provisions of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015).] 1. Ins. by Act 16 of 2023, s. 4 (w.e.f. 17-8-2023). 2. Subs. by Act 16 of 2021, s. 5, for “mining operations” (w.e.f. 28-3-2021). 3. Subs. by Act 25 of 1994, s. 2, for “one year” (w.e.f. 25-1-1994). 4. The provisos first, second, third and fourth subs. by Act 16 of 2021, s. 5 (w.e.f. 28-3-2021). 5. Ins. by Act 2 of 2020, s. 2 (w.e.f. 10-1-2020). 6. Subs. by Act 37 of 1986, s. 4, for section 5 (w.e.f. 10-2-1987). 7. Subs. by Act 16 of 2023, s. 5, for the marginal heading (w.e.f. 17-8-2023). 8. Subs. by Act 25 of 1994, s. 3, for sub-section (1) (w.e.f. 25-1-1994). 9. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 10. Subs. by Act 10 of 2015, s. 5, for “sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 12-1-2015). 11. Subs. by s. 5, ibid., for the proviso (w.e.f. 12-1-2015). 12. Ins. by Act 2 of 2020, s. 3 (w.e.f. 10-1-2020). 7 ----- _Explanation.―For the purposes of this sub-section, a person shall be deemed to be an Indian_ national,― (a) in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of India; and (b) in the case of an individual, only if he is a citizen of India.] 1[Provided also that the composite licence or mining lease shall not be granted for an area to any person other than the Government, Government company or corporation, in respect of any minerals specified in Part B of the First Schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the Central Government.] (2) No mining lease shall be granted by the State Government unless it is satisfied that― 2[(a) there is evidence to show the existence of mineral contents in the area for which the application for a mining lease has been made in accordance with such parameters as may be prescribed for this purpose by the Central Government;] (b) there is a mining plan duly approved by the Central Government, or by the State Government, in respect of such category of mines as may be specified by the Central Government, for the development of mineral deposits in the area concerned:] 3[Provided that a mining lease may be granted upon the filing of a mining plan in accordance with a system established by the State Government for preparation, certification, and monitoring of such plan, with the approval of the Central Government.] **4[6.** **Maximum area for which mineral concession may be granted.]―5[(1) No person shall** acquire [6]*** in respect of any mineral or prescribed group of associated minerals [7][in a State]― (a) one or more prospecting licences covering a total area of more than twenty-five square kilometres; or 7[(aa) one or more reconnaissance permit covering a total area often thousand square kilometres: Provided that the area granted under a single reconnaissance permit shall not exceed five thousand square kilometers; or] 8[(ab) one or more exploration licences covering a total area of more than five thousand square kilometres: Provided that the area granted under a single exploration licence shall not exceed one thousand square kilometres;] (b) one or more mining leases covering a total area of more than ten square kilometres: 9[Provided that if the Central Government is of the opinion that in the interest of the development of any mineral or industry, it is necessary so to do, it may, for reasons to be recorded in writing, increase the aforesaid area limits in respect of prospecting licence or mining lease, in so far as it pertains to any particular mineral, or to any specified category of deposits of such mineral, or to any particular mineral located in any particular area.]] 10[(c) any 11[mineral concession] in respect of any area which is not compact or contiguous: Provided that if the State Government is of opinion that in the interests of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire a [12][mineral concession] in relation to any area which is not compact or contiguous.] 1. Ins. by Act 16 of 2021, s. 6 (w.e.f. 28-3-2021). 2. Subs. by Act 10 of 2015, s. 5, for clause (a) (w.e.f. 12-1-2015). 3. Ins. by s. 5, ibid. (w.e.f. 12-1-2015). 4. Subs by Act 16 of 2023, s. 6, for the marginal headin. (w.e.f. 17-8-2023). 5. Subs. by Act 56 of 1972, s. 3, for sub-section (1) (w.e.f. 12-9-1972). 6. The words “in any one State” omitted by Act 37 of 1986, s. 5 (w.e.f. 10-2-1987). 7. Ins. by Act 38 of 1999, s. 8 (w.e.f. 18-12-1999). 8. Ins. by Act 16 of 2023, s. 6 (w.e.f. 17-8-2023). 9. Subs. by Act 10 of 2015, s. 6, for the proviso (w.e.f. 12-1-2015). 10. Subs. by Act 38 of 1999, s. 8, for clause (c) (w.e.f. 18-12-1999). 11. Subs. by Act 16 of 2023, s. 6, for “reconnaissance permit, mining lease or prospecting licence” (w.e.f. 17-8-2023). 8 ----- (2) For the purposes of this section, a person acquiring by, or in the name of, another person a 1[mineral concession] which is intended for himself shall be deemed to be acquiring it himself. 2[(3) For the purposes of determining the total area referred to in sub-section (1), the area held under a [1][mineral concession] by a person as a member of a co-operative society, company or other corporation or a Hindu undivided family or a partner of a firm, shall be deducted from the area referred to in subsection (1) so that the sum total of the area held by such person, under a [1][mineral concession], whether as such member or partner, or individually, may not, in any case, exceed the total area specified in subsection (1).] 3[7. Periods for which prospecting licences may be granted or renewed.―(1) The period for which [4][a reconnaissance permit or prospecting licence] may be granted shall not exceed three years. (2) A prospecting licence shall, if the State Government is satisfied that a longer period is required to enable the licensee to complete prospecting operations be renewed for such period or periods as that Government may specify: Provided that the total period for which a prospecting licence is granted does not exceed five years: Provided further that no prospecting licence granted in respect of [5][a mineral included in Part A and Part B to] the First Schedule shall be renewed except with the previous approval of the Central Government.] 6[8. Periods for which mining leases may be granted or renewed.―(1) The provisions of this section shall apply to minerals specified in Part A of the First Schedule. (2) The maximum period for which a mining lease may be granted shall not exceed thirty years: Provided that the minimum period for which any such mining lease may be granted shall not be less than twenty years. (3) A mining lease may be renewed for a period not exceeding twenty years with the previous approval of the Central Government.] 7[(4) Notwithstanding anything contained in this section, in case of Government companies or corporations, the period of mining leases including the existing mining leases, shall be such as may be prescribed by the Central Government: Provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the Fifth Schedule: Provided further that the Central Government may, by notification in the Official Gazette and for reasons to be recorded in writing, amend the Fifth Schedule so as to modify the entries mentioned therein in the said Schedule with effect from such date as may be specified in the said notification. (5) Any lessee may, where coal or lignite is used for captive purpose, sell such coal or lignite up to fifty per cent. of the total coal or lignite produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the Central Government and on payment of such additional amount as specified in the Sixth Schedule: Provided that the Central Government may, by notification in the Official Gazette and for the reasons to be recorded in writing, increase the said percentage of coal or lignite that may be sold by a Government company or corporation: 1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 2. Ins. by Act 56 of 1972, s. 3 (w.e.f. 12-9-1972). 3. Subs. by Act 25 of 1994, s. 4, for section 7 (w.e.f. 25-1-1994). 4. Subs. by Act 38 of 1999, s. 9, for “a prospecting licence” (w.e.f. 18-12-1999). 5. Subs. by s. 9, ibid., for “a mineral included in” (w.e.f. 18-12-1999). 6. Subs. by Act 10 of 2015, s. 7, for section 8 (w.e.f. 12-1-2015). 7. Ins. by Act 16 of 2021, s. 7 (w.e.f. 28-3-2021). 9 ----- Provided further that the sale of coal shall not be allowed from the coal mines allotted to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff (including Ultra Mega Power Projects): Provided also that the Central Government may, by notification in the Official Gazette and for reasons to be recorded in writing, amend the Sixth Schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification.] 1[8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic **minerals.―(1) The provisions of this section shall apply to minerals other than those specified in Part A** and Part B of the First Schedule. (2) On and from the date of the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), all mining leases shall be granted for the period of fifty years. (3) All mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015) shall be deemed to have been granted for a period of fifty years. (4) On the expiry of the lease period, the lease shall be put up for auction as per the procedure specified in this Act. 2[Provided that nothing contained in this section shall prevent the State Governments from taking an advance action for auction of the mining lease before the expiry of the lease period.] (5) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2030 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. (6) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2020 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. (7) Any holder of a lease granted, where mineral is used for captive purpose, shall have the right of first refusal at the time of auction held for such lease after the expiry of the lease period. 3[(7A) Any lessee may, where mineral is used for captive purpose, sell mineral up to fifty per cent. of the total mineral produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the Central Government and on payment of such additional amount as specified in the Sixth Schedule: Provided that the Central Government may, by notification in the Official Gazette and for the reasons to be recorded in writing, increase the said percentage of mineral that may be sold by a Government company or corporation: Provided further that the Central Government may, by notification in the Official Gazette and for reasons to be recorded in writing, amend the Sixth Schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification.] 1. Ins. by Act 10 of 2015, s. 8 (w.e.f. 12-1-2015). 2. Ins. by Act 2 of 2020, s. 4 (w.e.f. 10-1-2020). 3. Ins. by Act 16 of 2021, s. 8 (w.e.f. 28-3-2021). 10 ----- (8) Notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of Government companies or corporations shall be such as may be prescribed by the Central Government. 1[Provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the Fifth Schedule: Provided further that the Central Government may, by notification in the Official Gazette and for reasons to be recorded in writing, amend the Fifth Schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification. _Explanation.—For the removal of doubts, it is hereby clarified that all such Government companies or_ corporations whose mining lease has been extended after the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), shall also pay such additional amount as specified in the Fifth Schedule for the mineral produced after the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021.] (9) The provisions of this section, notwithstanding anything contained therein, shall not apply to a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), for which renewal has been rejected, or which has been determined, or lapsed.] 2[8B. Provisions for period and transfer of statutory clearances.―(1) Notwithstanding anything contained in this Act or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine (other than those granted under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder) shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under this Act: Provided that where on the expiry of such lease period, mining lease has not been executed pursuant to an auction under provisions of sub-section (4) of section 8A, or lease executed pursuant to such auction has been terminated within a period of one year from such auction, the State Government may, with the previous approval of the Central Government, grant lease to a Government company or corporation for a period not exceeding ten years or till selection of new lessee through auction, whichever is earlier and such Government company or corporation shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee: Provided further that the provisions of sub-section (1) of section 6 shall not apply where such mining lease is granted to a Government company or corporation under the first proviso: Provided also that in case of atomic minerals having grade equal to or above the threshold value, all valid rights, approvals, clearances, licences and the like in respect of expired or terminated mining leases shall be deemed to have been transferred to, and vested in the Government company or corporation that has been subsequently granted the mining lease for the said mine. (2) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land till expiry or termination of mining lease granted to it, in which mining operations were being carried out by the previous lessee.] **9. Royalties in respect of mining leases.―(1) The holder of a mining lease granted before the** commencement of this Act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any [3][mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area after such commencement, at the rate for the time being specified in the Second Schedule in respect of that mineral. (2) The holder of a mining lease granted on or after the commencement of this Act shall pay royalty in respect of any [3][mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area at the rate for the time being specified in the Second Schedule in respect of that mineral. 1. Ins. by Act 16 of 2021, s. 8 (w.e.f. 28-3-2021). 2. Ins. by s. 9, ibid., (w.e.f. 28-3-2021). 3. Subs. by Act 56 of 1972, s. 4, for “mineral removed by him” (w.e.f. 12-9-1972). 11 ----- 1[(2A) The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month.] (3) The Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: 2[Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral more than once during any period of [3][three years].] 4[9A. Dead rent to be paid by the lessee.―(1) The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972, shall notwithstanding anything contained in the instrument of lease or in any other law for the lime being in force, pay to the State Government, every year, dead rent at such rate, as may be specified, for the time being, in the Third Schedule, for all the areas included in the instrument of lease: Provided that where the holder of such mining lease becomes liable, under section 9, to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area, he shall be liable to pay either such royalty, or the dead rent in respect of that area, whichever is greater. (2) The Central Government may, by notification in the Official Gazette, amend the Third Schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction shall take effect from such date as may be specified in the notification: Provided that the Central Government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of [5][three years].] 6[9B. District Mineral Foundation.―(1) In any district affected by mining related operations, the State Government shall, by notification, establish a trust, as a non-profit body, to be called the District Mineral Foundation. (2) The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the State Government. (3) The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State Government. 7[Provided that the Central Government may give directions regarding composition and utilisation of fund by the District Mineral Foundation.] (4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayats (Extension 1. Ins. by Act 56 of 1972, s. 4 (w.e.f. 12-9-1972). 2. Subs. by Act 56 of 1972, s. 4, for the proviso (w.e.f. 12-9-1972). 3. Subs. by Act 37 of 1986, s. 8, for “four years” (w.e.f. 10-2-1987). 4. Ins. by Act 56 of 1972, s. 5 (w.e.f. 12-9-1972). 5. Subs. by Act 37 of 1986, s. 9, for “four years” (w.e.f. 10-2-1987). 6. Ins. by Act 10 of 2015, s. 9 (w.e.f. 12-1-2015). 7. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021). 12 ----- to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). (5) The holder of a mining lease or a [1][composite licence] granted on or after the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 [2][, other than those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government. (6) The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 [3][other than those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government. **9C. National Mineral Exploration Trust.―(1) The Central Government shall, by notification,** establish a Trust, as a [4][non-profit autonomous body], to be called the National Mineral Exploration Trust. (2) The object of the Trust shall be to use the funds accrued to the Trust for the purposes of regional and detailed exploration in such manner as may be prescribed by the Central Government. (3) The composition and functions of the Trust shall be such as may be prescribed by the Central Government. (4) The holder of a mining lease or a [5][mineral concession] shall pay to the Trust, a sum equivalent to two per cent. of the royalty paid in terms of the Second Schedule, in such manner as may be prescribed by the Central Government.] 6[(5) The entities specified and notified under sub-section (1) of section 4 shall be eligible for funding under the National Mineral Exploration Trust.] CHAPTER III 7[PROCEDURE FOR OBTAINING MINERAL CONCESSION IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT] **10.** **[8][Application for mineral concession.]―(1) An application for** [9][a [5][mineral concession]] in respect of any land in which the minerals vest in the Government shall be made to the State Government concerned in the prescribed form and shall be accompanied by the prescribed fee. (2) Where an application is received under sub-section (1), there shall be sent to the applicant an acknowledgment of its receipt within the prescribed time and in the prescribed form. 1. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 2. Ins. by s. 10, ibid. (w.e.f. 28-3-2021). 3. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021). 4. Subs. by s. 11, ibid., for “non-profit body” (w.e.f. 28-3-2021). 5. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 6. Ins. by Act 16 of 2021, s. 11 (w.e.f. 28-3-2021). 7. Subs. by Act 16 of 2023, s. 7, for Chapter Heading (w.e.f. 17-8-2023). 8. Subs. by s. 8, ibid., for the marginal heading (w.e.f. 17-8-2023). 9. Subs. by Act 38 of 1999, s. 11, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999). 13 ----- (3) On receipt of an application under this section, the State Government may, having regard to the provisions of this Act and any rules made thereunder, grant or refuse to grant the [1][permit, licence or lease]. 2[(4) Notwithstanding anything contained in this section, no person shall be eligible to make an application under this section unless— (a) he has been selected in accordance with the procedure specified under 3[sections 10B, 10BA, 11, 11A, 11B or 11D]; (b) he has been selected under the Coal Mines (Special) Provisions Act, 2015 (11 of 2015); or (c) an area has been reserved in his favour under section 17A.] 4[10A. Rights of existing concession holders and applicants.―(1) All applications received prior to the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall become ineligible. (2) Without prejudice to sub-section (1), the following shall remain eligible on and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015:― (a) applications received under section 11A of this Act; (b) where before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining a prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of that mineral in that land, if the State Government is satisfied that the permit holder or the licensee, as the case may be,― (i) has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish the existence of mineral contents in such land in accordance with such parameters as may be prescribed by the Central Government; (ii) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence; (iii) has not become ineligible under the provisions of this Act; and (iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such further period not exceeding six months as may be extended by the State Government; 5[Provided that for the cases covered under this clause including the pending cases, the right to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse on the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021: Provided further that the holder of a reconnaissance permit or prospecting licence whose rights lapsed under the first proviso, shall be reimbursed the expenditure incurred towards reconnaissance or prospecting operations in such manner as may be prescribed by the Central Government.] 1. Subs. by Act 38 of 1999, s. 11, for “licence or lease” (w.e.f. 18-12-1999). 2. Ins. by Act 16 of 2021, s. 12 (w.e.f. 28-3-2021). 3. Subs. by Act 16 of 2023, s. 8, for the words figures and letters “sections 10B, 11, 11A or the rules made under section 11B” (w.e.f. 17-8-2023). 4. Ins. by Act 10 of 2015, s. 10 (w.e.f. 12-1-2015). 5. Ins. by Act 16 of 2021, s. 13 (w.e.f. 28-3-2021). 14 ----- (c) where the Central Government has communicated previous approval as required under sub-section (1) of section 5 for grant of a mining lease, or if a letter of intent (by whatever name called) has been issued by the State Government to grant a mining lease, before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the mining lease shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of intent within a period of two years from the date of commencement of the said Act: Provided that in respect of any mineral specified in the First Schedule, no prospecting licence or mining lease shall be granted under clause (b) of this subsection except with the previous approval of the Central Government. 1[(d) in cases where right to obtain licence or lease has lapsed under, clauses (b) and (c), such areas shall be put up for auction as per the provisions of this Act. Provided that in respect of the minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or greater than the threshold value, the mineral concession for such areas shall be granted in accordance with the rules made under section 11B.] **10B. Grant of mining lease in respect of notified minerals through auction.―[2][(1)** The provisions of this section shall not apply to the,— (a) cases falling under section 17A; (b) minerals specified in Part A of the First Schedule; (c) minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the Central Government from time to time; or (d) land in respect of which the minerals do not vest in the Government.] (2) Where there is inadequate evidence to show the existence of mineral contents of any notified mineral in respect of any area, a State Government may, after obtaining the previous approval of the Central Government, grant a [3][composite licence] for the said notified mineral in such area in accordance with the procedure laid down in section 11. (3) In areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the Central Government, the State Government shall notify such areas for grant of mining leases for such notified mineral, the terms and conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the Central Government. 4[Provided that where the State Government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the Central Government may require the State Government to notify such area within a period to be fixed in consultation with the State Government and in cases where the notification is not issued within such period, the Central Government may notify such area for grant of mining lease after the expiry of the period so specified.] (4) For the purpose of granting a mining lease in respect of any notified mineral in such notified area, the State Government shall select, through auction by a method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this Act. 4[Provided that— (a) where the State Government has not successfully completed auction for the purpose of granting a mining lease in respect of any mineral (whether notified mineral or otherwise) in such notified area; or 1. Ins. by Act 16 of 2021, s. 13 (w.e.f. 28-3-2021). 2. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 28-3-2021). 3. Subs. by s. 2, ibid., for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 4. Ins. by s. 14, ibid. (w.e.f. 28-3-2021). 15 ----- (b) upon completion of such auction, the mining lease or letter of intent for grant of mining lease has been terminated or lapsed for any reason whatsoever, the Central Government may require the State Government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the State Government and in cases where such auction or re-auction process is not completed within such period, the Central Government may conduct auction for grant of mining lease for such area after the expiry of the period so specified: Provided further that upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant mining lease for such area to such preferred bidder in such manner as may be prescribed by the Central Government.] (5) The Central Government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them. (6) Without prejudice to the generality of sub-section (5), the Central Government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or States, subject to which the auction shall be conducted: 1[Provided that no mine shall be reserved for captive purpose in the auction.] (7) The State Government shall grant a mining lease to an applicant selected in accordance with the procedure laid down in this section in respect of such notified mineral in any notified area. **2[10BA. Grant of exploration licence for minerals specified in Seventh Schedule through auction.—(1)** The provisions of this section shall not apply to— (a) the areas covered under section 17A; (b) the minerals specified in Part A of the First Schedule; (c) the minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the Central Government from time to time; (d) any land in respect of which the minerals do not vest in the Government. (2) Notwithstanding anything contained in sections 10B and 11, an exploration licence may be granted in any area by the State Government for the purpose of undertaking reconnaissance or prospecting operations or both in respect of any mineral specified in the Seventh Schedule. (3) The Central Government may, by notification in the Official Gazette, and for reasons to be recorded in writing, amend the Seventh Schedule so as to modify the entries therein with effect from such date as may be specified in the said notification. (4) The State Government shall, after obtaining the previous approval of the Central Government, and in such manner as may be prescribed by the Central Government, notify the areas in which exploration licence shall be granted, subject to such terms and conditions as may be specified in the notification. (5) The Central Government may require the State Government to notify the area for grant of exploration licence within such period as may be fixed in consultation with the State Government, and in case the State Government does not notify the area within such period, the Central Government may, after the expiry of the period so fixed, notify the area for grant of exploration licence. (6) The State Government shall, for the purpose of granting exploration licence through auction by method of competitive bidding, including e-auction, select an applicant who fulfils the eligibility conditions as specified in this Act and grant exploration licence to such applicant. 1. Subs. by Act 16 of 2021, s. 14, for the proviso (w.e.f. 28-3-2021). 2. Ins. by Act 16 of 2023, s. 9 (w.e.f. 17-8-2023). 16 ----- (7) Where— (a) the State Government has not successfully completed auction for the grant of exploration licence; or (b) after completion of auction, the exploration licence or letter of intent for grant of exploration licence has been terminated or lapsed for any reason whatsoever, the Central Government may require the State Government to conduct and complete the auction or re-auction process, as the case may be, within such period as may be fixed in consultation with the State Government, and in cases where such auction or re-auction process is not completed within such period, the Central Government may, after the expiry of the period so fixed, conduct auction for the grant of exploration licence for such area: Provided that upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant exploration licence for such area to such preferred bidder in such manner as may be prescribed by the Central Government. (8) The holder of exploration licence shall be entitled to a share of applicable amount quoted in the auction of ining leases payable by the lessee to the State Government in respect of the area granted in mining lease pursuant to the prospecting operations undertaken by the holder of such exploration licence: Provided that the share in applicable amount payable to the holder of exploration licence by the lessee of such area shall be allowed only in respect of the minerals specified in the Seventh Schedule. (9) The Central Government shall by rules provide for the manner of conducting auction for grant of exploration licence, including its terms and conditions, the bidding parameters for selection, share payable to the holder of exploration licence from out of the applicable amount quoted in auction of mining leases payable by the lessee of such area, the period for such payment and such other conditions as may be necessary. (10) Notwithstanding anything contained in section 7,— (a) the exploration licence shall be granted for a period of five years from the date of execution of the exploration licence; (b) if, after three years from the date of execution of exploration licence, but before the date of its expiry, the holder of the exploration licence makes an application for the extension of the period of that licence, the State Government may, on being satisfied that within the period of five years, it shall not be possible for the holder of such licence to complete the reconnaissance or prospecting operations for reasons beyond his control, extend the said period to a further period not exceeding two years. (11) After three years from the date of execution of the exploration licence, the holder of such licence may retain an area not exceeding twenty-five per cent. of the total area covered under that licence for the purpose of continuing reconnaissance or prospecting operations and shall surrender the remaining area after submitting a report to the State Government stating the reasons for retention of the area proposed to be retained by him and the boundaries of that area. (12) The holder of the exploration licence shall, within three months of the completion of the operations for which licence has been granted, or of the date of expiry of the exploration licence, whichever is earlier, submit a geological report to the State Government explaining the result of the reconnaissance and prospecting operations, in such manner as may be prescribed. (13) If the holder of the exploration licence fails to complete the reconnaissance and prospecting operations before expiry of the exploration licence, or fails to submit the geological report within the period specified in sub-section (12), the State Government may take such action as it deems fit, including imposition of penalty. (14) Within six months from the date of receipt of the geological report from the holder of the exploration licence, the Central Government or the State Government shall initiate the auction process for grant of one or more separate mining leases under section 10B or section 11 or section 11D, as the case may be, in respect of the area where existence of mineral content is established and shall select the preferred bidder for grant of such mining leases within one year from the date of receipt of the geological report: Provided that in case the preferred bidder is not selected within the period so specified, the State Government shall pay to the person who was the holder of exploration licence such amount, and in such manner, as may be prescribed.] **10C.** [Grant of non-exclusive reconnaissance permits.] _Omitted by the Mines and Minerals_ (Development and Regulation) Amendment Act, 2021, s. 16 (w.e.f. 28-3-2021). 17 ----- 1[11. Grant of **2[composite licence] through auction in respect of minerals other than notified** **minerals.―[3][(1) The provisions of this section shall not apply to the,—** (a) cases falling under section 17A; (b) minerals specified in Part A of the First Schedule; (c) minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the Central Government from time to time; or (d) land in respect of which the minerals do not vest in the Government.] (2) In areas where there is evidence to show the existence of mineral contents as required by clause (a) of sub-section (2) of section 5, the State Government shall grant a mining lease for minerals other than notified minerals following the procedure laid down in section 10B. (3) In areas where there is inadequate evidence to show the existence of mineral contents as required under clause (a) of sub-section (2) of section 5, the State Government shall grant a [2][composite licence] for minerals other than notified minerals in accordance with the procedure laid down in this section. (4) The State Government shall notify the areas in which [2][composite licence] shall be granted for any minerals other than notified minerals, the terms and conditions subject to which such [2][composite licence] shall be granted, and any other relevant conditions, in such manner as may be prescribed by the Central Government. 4[Provided that where the State Government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the Central Government may require the State Government to notify such area within a period to be fixed in consultation with the State Government and in cases where the notification is not issued within such period, the Central Government may notify such area for grant of mining lease after the expiry of the period so specified.] (5) For the purpose of granting [2][composite licence], the State Government shall select, through auction by method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this Act. 4[Provided that— (a) where the State Government has not successfully completed auction for the purpose of granting a composite licence in respect of any mineral (whether notified mineral or otherwise) in such notified area; or (b) upon completion of such auction, the composite licence or letter of intent for grant of composite licence has been terminated or lapsed for any reason whatsoever, the Central Government may require the State Government to conduct and complete the auction or reauction process, as the case may be, within a period to be fixed in consultation with the State Government and in cases where such auction or re-auction process is not completed within such period, the Central Government may conduct auction for grant of composite licence for such area after the expiry of the period so specified: Provided further that upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant composite licence for such area to such preferred bidder in such manner as may be prescribed by the Central Government.] (6) The Central Government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be conducted, including the bidding parameters for the selection, which may 1. Subs. by Act 10 of 2015, s. 11, for section 11 (w.e.f. 12-1-2015). 2. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 3. Subs. by s. 16, ibid., for sub-section (1) (w.e.f. 28-3-2021). 4. Ins. by s. 16, ibid. (w.e.f. 28-3-2021). 18 ----- include a share in the production of the mineral, or any payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them. (7) Without prejudice to the generality of sub-section (6), the Central Government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or States, subject to which the auction shall be conducted. (8) The State Government shall grant a [1][composite licence] to an applicant selected in accordance with the procedure laid down in this section. (9) The holder of a [1][composite licence] shall be required to complete, within the period laid down in section 7, the prospecting operations satisfactorily as specified in the notice inviting applications. 2[(10) On completion of the prospecting operations, the holder of the composite licence shall submit the result of the prospecting operations in the form of a geological report to the State Government specifying the area required for mining lease and the State Government shall grant mining lease for such area, to the holder of the composite licence in such manner as may be prescribed by the Central Government.]] 3[11A. Granting of **1[mineral concession]** **4[or** **5[composite licence] in respect of coal or** **lignite].—(1) Notwithstanding anything contained in this Act, the Central Government may, for the** purpose of granting [1][mineral concession] [6][or [5][composite licence] in respect of coal or lignite] select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed, namely: — (a) a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India; or (b) a company or a joint venture company formed by two or more companies, [7][to carry on coal or lignite reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the Central Government;] 8[Provided that the auction by competitive bidding under this section shall not be applicable to coal or lignite— (a) where such area is considered for allotment to a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, for own consumption, sale or for any other purpose as may be determined by the Central Government; (b) where such area is considered for allotment to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff (including Ultra Mega Power Projects);] (2) The Central Government may, with a view to rationalise coal and lignite mines referred to in sub-section (1), so as to ensure the coordinated and scientific development and utilisation of resources consistent with the growing requirements of the country, from time to time, prescribe— 1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 2. Subs. by s. 16, ibid., for sub-section (10) (w.e.f. 28-3-2021). 3. Subs. by Act 11 of 2015, s. 28 and the Fourth Schedule, for section 11A (w.e.f. 21-10-2014). 4. Ins. by Act 2 of 2020, s. 7 (w.e.f. 10-1-2020). 5. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 6. Subs. by Act 2 of 2020, s. 7, for “in respect of any area containing coal or lignite” (w.e.f. 10-1-2020). 7. Subs. by s. 7, ibid., for the long line (w.e.f. 10-1-2020). 8. Ins. by s. 7, ibid. (w.e.f. 10-1-2020). 19 ----- (i) the details of mines and their location; (ii) the minimum size of such mines; (iii) such other conditions, which in the opinion of that Government may be necessary for the purpose of mining operations or mining for sale by a company. (3) The State Government shall grant such [1][mineral concession] [2][or [3][composite licence]] in respect of any area containing coal or lignite to such company as selected through auction by [4][competitive bidding or through allotment] under this section: Provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite— (a) where such area is considered for allocation to a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be; (b) where such area is considered for allocation to a company or corporation or that has been awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects). _Explanation.—For the purposes of this section, “company” means a company as defined in_ clause (20) of section 2 of the Companies Act, 2013 (18 of 2013).] **5[11B. Power of Central Government to make rules for regulating atomic minerals specified** **under Part B of First Schedule.―The Central Government may, by notification in the Official Gazette,** make rules for regulating the grant of mining leases or other mineral concessions in respect of minerals specified in Part B of the First Schedule and for purposes connected therewith, and the State Government shall grant a [1][mineral concession] in respect of any such mineral in accordance with such rules. **11C. Power of Central Government to amend First Schedule and Fourth Schedule.―The** Central Government may, by notification in the Official Gazette, amend the First Schedule and the Fourth Schedule so as to add or delete any mineral as may be specified in the notification.] 6[11D.Central Government to conduct auction for grant of mining lease or composite licence in respect **of minerals specified in Part D of First Schedule.—(1) Notwithstanding anything contained in this Act, the** Central Government shall, for the purpose of granting mining lease or composite licence in any area in respect of any mineral specified in the Part D of the First Schedule, select, through auction by method of competitive bidding, including e-auction, a preferred bidder who fulfils the eligibility conditions as specified in section 5, on such terms and conditions, and in such manner, as may be prescribed. (2) Upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant mining lease or composite licence for such area, to such preferred bidder, in such manner, as may be prescribed by the Central Government. 1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 2. Ins. by Act 2 of 2020, s. 7 (w.e.f. 10-1-2020). 3. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 4. Subs. by s. 7, ibid., for “competitive bidding or otherwise” (w.e.f. 10-1-2020). 5. Ins. by Act 10 of 2015, s. 12 (w.e.f. 12-1-2015). 6. Ins. by Act 16 of 2023, s. 10 (w.e.f. 17-8-2023). 20 ----- (3) The royalty, dead rent, applicable amount quoted in the auction and any other statutory payment in relation to the mining lease or composite licence auctioned by the Central Government shall accrue to the State Government or concerned authorities, as the case may be, as if the auction has been conducted by the State Government.] **12. [1][Registers of mineral concession.]―(1) The State Government shall cause to be maintained in the** prescribed form― (a) a register of applications for prospecting licences; (b) a register of prospecting licensees; 2[(c) a register of applications for mining leases; (d) a register of mining lessees; (e) a register of applications for reconnaissance permits; [3]*** (f) a register of reconnaissance permits,] 4[(g) a register of applications for exploration licences; and (h) a register of exploration licence,] in each of which shall be entered such particulars as may be prescribed. (2) Every such register shall be open to inspection by any person on payment of such fee as the State Government may fix. 5[12A. Transfer of mineral concessions.―(1) The provisions of this section shall not apply to minerals specified in Part A or Part B of the First Schedule. (2) A holder of a mining lease or a [6][composite licence [7][or exploration licence]] granted in accordance with the procedure laid down in [8][this Act] may, with the previous approval of the State Government, transfer his mining lease or [6][composite licence [7][or exploration licence]], as the case may be, in such manner as may be prescribed by the Central Government, to any person eligible to hold such mining lease or [6][composite licence [7][or exploration licence]] in accordance with the provisions of this Act and the rules made thereunder. 9[Provided that the transferee of mining lease shall not be required to pay the amount or transfer charges referred to in sub-section (6), as it stood prior to the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021, after such commencement but no refund shall be made of the charges already paid.] (3) If the State Government does not convey its previous approval for transfer of such mining lease or [10][composite licence [11][or exploration licence]], as the case may be, within a period of ninety days from the date of receiving such notice, it shall be construed that the State Government has no objection to such transfer: 1. Subs. by Act 16 of 2023, s. 11 for the marginal heading (w.e.f. 17-8-2023). 2. Subs. by Act 38 of 1999, s. 13, for clauses (c) and (d) (w.e.f. 18-12-1999). 3. The word “and” omitted by Act 16 of 2023, s. 11 (w.e.f. 17-8-2023). 4. Ins. by Act 16 of 2023, s. 11 (w.e.f. 17-8-2023). 5. Ins. by Act 10 of 2015, s. 13 (w.e.f. 12-1-2015). 6. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 7. Ins. by Act 16 of 2023, s. 12 (w.e.f. 17-8-2023). 8. Subs. by s. 17, ibid., for “section 10B or section 11” (w.e.f. 28-3-2021). 9. Ins. by s. 17, ibid. (w.e.f. 28-3-2021). 1. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 2. Ins. by Act 16 of 2023, s. 12 (w.e.f. 17-8-2023). 21 ----- Provided that the holder of the original mining lease or [1][composite licence [2][or exploration licence]], shall intimate to the State Government the consideration payable by the successor-in-interest for the transfer, including the consideration in respect of the prospecting operations already undertaken and the reports and data generated during the operations. (4) No such transfer of a mining lease or [1][composite licence [2][or exploration licence]], referred to in sub-section (2), shall take place if the State Government, within the notice period and for reasons to be communicated in writing, disapproves the transfer on the ground that the transferee is not eligible as per the provisions of this Act: Provided that no such transfer of a mining lease [1][or composite licence], shall be made in contravention of any condition subject to which the mining lease or the[ 1][composite licence [2][or exploration licence]], was granted. (5) All transfers effected under this section shall be subject to the condition that the transferee has accepted all the conditions and liabilities under any law for the time being in force which the transferor was subject to in respect of such a mining lease or [1][composite licence [2][or exploration licence]], as the case may be. 2* - - - 3[Provided that where a mining lease has been granted otherwise than through auction ad where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or such amount or transfer charges as may be prescribed. _Explanation.―For the purposes of this proviso, the expression “used for captive purpose” shall_ mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee.] CHAPTER IV 4[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS] **13. Power of Central Government to make rules in respect of minerals.―(1) The Central** Government may, by notification in the Official Gazette, make rules for regulating the grant of [5][mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the person by whom, and the manner in which, applications for [6][mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 7[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; # (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; 3. Subs. by s. 12, ibid., for “or of a composite licence” (w.e.f. 17-8-2023). 4. Sub-section (6) omitted by Act 16 of 2021, s. 17 (w.e.f. 28-3-2021). 5. Ins. by Act 25 of 2016, s. 3 (w.e.f. 6-5-2016). 6. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023). 7. Subs. by Act 16 of 2021, s. 18, for “prospecting licences and mining leases” (w.e.f. 28-3-2021). 8. Subs. by s. 18, ibid., for “reconnaissance permits, prospecting licences and mining leases” (w.e.f. 28-3-2021). 9. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 22 ----- 1* * * * *] (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 2[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of [3][mineral concession] or [4][composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company] (e) the authority by which [3][mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining [5][a [3][mineral concession] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such [6][a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, may other [1][mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 7[(i) the fixing and collection of fees for 3[mineral concession] surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any [3][mineral concession]; 8[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; (l) the manner in which, and the conditions subject to which, [9][a [3][mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; 1. The clause (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 2. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 3. Subs. by Act 16 of 2021, s. 2, for “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 4. Subs. by s. 2, ibid., for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 5. Subs. by Act 38 of 1999, s. 14, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999). 6. Subs. by s. 14, ibid., for “a licence or lease” (w.e.f. 18-12-1999). 7. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 8. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 9. Subs. by Act 38 of 1999, s.14, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999). 23 ----- 1* - - - (p) the reports and statements to be submitted by holders of [2][mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made [3][the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; and [3][(qq) the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 4*** 5[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the National Mineral Exploration Trust under sub-section (2) of section 9C; (qqc) the composition and functions of the National Mineral Exploration Trust under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the National Mineral Exploration Trust under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of [6][mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; 7* - - - (qqi) the terms and conditions for grant of 8[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 9[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] 1. Omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 2. Subs. by Act 16 of 2021, s. 2, for “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 3. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 4. The word “and” omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 5. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 6. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters “mining lease or composite licence under section 10B, 11, 11A, 11B” (w.e.f. 17-8-2023). 7. Clause (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 8. Subs. by Act 16 of 2021, s. 2, for “prospecting licence-cum-mining lease” (w.e.f. 28-3-2021). 9. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 24 ----- 1* - - - 2[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 3[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 1[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under sub-section (2) of section 11D;] (y) any other matter which is to be, or may be prescribed, under this Act.] 4[13A. Power of Central Government to make rules for the grant of prospecting licences or **mining leases in respect of territorial waters or continental shelf of India.―(1) The Central** Government may, by notification in the Official Gazette, make rules for the grant of prospecting licences or mining leases in respect of any minerals underlying the ocean within the territorial waters or the continental shelf of India. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the conditions, limitations and restrictions subject to which such prospecting licences or mining leases may be granted; (b) regulation of exploration and exploitation of minerals within the territorial waters or the continental shelf of India; (c) ensuring that such exploration or exploitation does not interfere with navigation and (d) any other matter which is required to be, or may be, prescribed.] 1. Clause (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 2. Subs. by s. 18, ibid., for clause (r) (w.e.f. 28-3-2021). 3. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 4. Ins. by Act 56 of 1972, s. 6 (w.e.f. 12-9-1972). 25 ----- **14.** **[1][Sections 5 to 13] not to apply to minor minerals.―The provisions of** [1][sections 5 to 13] (inclusive) shall not apply to [2][quarry leases, mining leases or other mineral concessions] in respect of minor minerals. **15. Power of State Governments to make rules in respect of minor minerals.―(1) The State** Government may, by notification in the Official Gazette, make rules for, regulating the grant of [3][quarry leases, mining leases or other mineral concessions] in respect of minor minerals and for purposes connected therewith. 4[(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor; (b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent; (c) the matters which may be considered where applications in respect of the same land are received within the same day; (d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed; (e) the procedure for obtaining quarry leases, mining leases or other mineral concessions; (f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; (g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable; (h) the manner in which rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or mining operations; (i) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease; (j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred; (k) the construction, maintenance and use of roads power transmission lines, tramways, railways, serial rope ways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession; (l) the form of registers to be maintained under this Act; (m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted; 1. Subs. by Act 37 of 1986, s. 12, for “sections 4 to 13” (w.e.f. 10-2-1987). 2. Subs. by Act 56 of 1972, s. 7, for “prospecting licences and mining leases” (w.e.f. 12-9-1972). 3. Subs. by s. 8, ibid., for “prospecting licence and mining leases” (w.e.f. 12-9-1972). 4. Ins. by Act 37 of 1986, s. 13 (w.e.f. 10-2-1987). 26 ----- (n) the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefore, and the powers of the revisional authority; and (o) any other matter which is to be, or may be, prescribed.] (2) Until rules are made under sub-section (1), any rules made by a state Government regulating the grant of [1][quarry leases, mining leases or other mineral concessions] in respect of minor minerals which are in force immediately before the commencement of these Act shall continue in force. 2[(3) The holder of a mining lease or any other mineral concession granted under any rule made under sub-section (1) shall pay [3][royalty or dead rent, whichever is more] in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals: Provided that the State Government shall not enhance the rate of [3][royalty or dead rent] in respect of any minor mineral for more than once during any period of [4][three] years.] 5[(4) Without prejudice to sub-sections (1), (2) and sub-section (3), the State Government may, by notification, make rules for regulating the provisions of this Act for the following, namely:― (a) the manner in which the District Mineral Foundation shall work for the interest and benefit of persons and areas affected by mining under sub-section (2) of section 9B; (b) the composition and functions of the District Mineral Foundation under sub-section (3) of section 9B; and (c) the amount of payment to be made to the District Mineral Foundation by concession holders of minor minerals under section 15A.] 6[15A. Power of State Government to collect funds for District Mineral Foundation in case of **minor minerals.―The State Government may prescribe the payment by all holders of concessions** related to minor minerals of amounts to the District Mineral Foundation of the district in which the mining operations are carried on.] **16. Power to modify mining leases granted before 25th October, 1949.―[7][(1) (a) All mining leases** granted before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972) [8][if in force at the date of commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994 (25 of 1994), shall be brought in conformity with the provisions of this Act and the rules made thereunder within two years from the date of the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994], or such further time as the Central Government may, by general or special order, specify in this behalf. (b) Where the rights under any mining lease, granted by the proprietor of an estate or tenure before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972), have vested, on or after the 25th day of October, 1949, in the State Government in pursuance of the provisions of any Act of any Provincial or State Legislature which provides for the acquisition of estates or tenures or provides for agrarian reform, such mining lease shall be brought into conformity with the provisions of this Act and the rules made thereunder within [9][two years from the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994 (25 of 1994)], or within such further time as the Central Government may, by general or special order, specify in this behalf.] 1. Subs. by Act 56 of 1972, s. 8, for “prospecting licence and mining leases” (w.e.f. 12-9-1972). 2. Ins. by s. 8, ibid. (w.e.f. 12-9-1972). 3. Subs. by Act 37 of 1986, s. 13, for “royalty” (w.e.f. 10-2-1987). 4. Subs. by s. 13, ibid., for “four” (w.e.f. 10-2-1987). 5. Ins. by Act 10 of 2015, s. 15 (w.e.f. 12-1-2015). 6. Ins. by s. 16, ibid. (w.e.f. 12-1-2015). 7. Subs. by Act 56 of 1972, s. 9, for sub-section (1) (w.e.f. 12-9-1972). 8. Subs. by Act 25 of 1994, s. 6, for certain words (w.e.f. 25-1-1994). 9. Subs. by s. 6, _ibid., for “six months from the commencement of the Mines and Minerals (Regulation and Development)_ Amendment Act, 1972” (w.e.f. 25-1-1994). 27 ----- 1[(1A) Where any action is taken under clause (a) or clause (b) of sub-section (1) to bring the period of any lease in conformity with the provisions of this Act and the rules made thereunder, then notwithstanding anything contained in section 8, the period of such lease shall continue to operate for a period of two years from the date of bringing such lease in conformity with the provisions of this Act.] (2) The Central Government may, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of sub-section (1) and in particular such rules shall provide— (a) for giving previous notice of the modification or alteration proposed to be made in any existing mining lease to the lessee and where the lessor is not the Central Government, also to the lessor and for affording him an opportunity of showing cause against the proposal; (b) for the payment of compensation to the lessee in respect of the reduction of any area covered by the existing mining lease; and (c) for the principles on which, the manner in which, and the authority by which, the said compensation shall be determined. CHAPTER V SPECIAL POWERS OF CENTRAL GOVERNMENT TO UNDERTAKE PROSPECTING OR MINING OPERATIONS IN CERTAIN CASES **17. Special powers of Central Government to undertake prospecting or mining operations in** **certain lands.―(1) The provisions of this section shall apply** [2]*** in respect of land in which the minerals vest in the Government of a State [3][or any other person]. (2) Notwithstanding anything contained in this Act, the Central Government, after consultation with the State Government, may undertakes [4][mineral concession] in any area not already held under any 4[mineral concession] and where it proposes to do so, it shall, by notification in the Official Gazette― (a) specify the boundaries of such area; (b) state whether [5][reconnaissance, prospecting or mining operations] will be carried out in the area; and (c) specify the mineral or minerals in respect of which such operations will be carried out. (3) Where, in exercise of the powers conferred by sub-section (2), the Central Government undertakes [5][reconnaissance, prospecting or mining operations] in any area, the Central Government shall be liable to pay [6][reconnaissance permit fee or prospecting fee] royalty, surface rent or dead rent, as the case may be, at the same rate at which it would have been payable under this Act, if such 5[reconnaissance, prospecting or mining operations] had been undertaken by a private person under a [4][mineral concession]. (4) The Central Government, with a view to enabling it to exercise the powers conferred on it by sub-section (2) may, after consultation with the State Government, by notification in the Official Gazette, declare that no [4][mineral concession] shall be granted in respect of any land specified in the notification. 7[17A. Reservation of areas for purposes of conservation.―(1) The Central Government, with a view to conserving any mineral and after consultation with the State Government, may reserve any area not already held under any prospecting licence [8][or exploration licence] or mining lease and, where it proposes to do so, it shall, by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved. 1. Ins. by Act 25 of 1994, s. 6 (w.e.f. 25-1-1994). 2. The word “only” omitted by Act 56 of 1972, s. 10 (w.e.f. 12-9-1972). 3. Ins. by s. 10, ibid. (w.e.f. 12-9-1972). 4. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 5. Subs. by Act 38 of 1999, s. 15, for “prospecting or mining operations” (w.e.f. 18-12-1999). 6. Subs. by s. 15, ibid., for “prospecting fee” (w.e.f. 18-12-1999). 7. Ins. by Act 37 of 1986, s. 14 (w.e.f. 10-2-1987). 8. Ins. by Act 16 of 2023, s. 15 (w.e.f. 17-8-2023). 28 ----- 1[(1A) The Central Government may in consultation with the State Government, reserve any area not already held under any prospecting licence [2][or exploration licence] or mining lease, for undertaking prospecting or mining operations through a Government company or corporation owned or controlled by it, and where it proposes to do so, it shall, by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved.] (2) The State Government may, with the approval of the Central Government, reserve any area not already held under any prospecting licence [2][or exploration licence] or mining lease, for undertaking prospecting or mining operations through a Government company or corporation owned or controlled by it [3]*** and where it proposes to do so, it shall, by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such areas will be reserved. 4[(2A) Where in exercise of the powers conferred by sub-section (1A) or sub-section (2), the Central Government or the State Government, as the case may be, reserves any area for undertaking prospecting or mining operations or prospecting operations followed by mining operations, the State Government shall grant prospecting licence, mining lease or composite licence, as the case may be, in respect of such area to such Government company or corporation within the period specified in this section: Provided that in respect of any mineral specified in Part B of the First Schedule, the State Government shall grant the prospecting licence, mining lease or composite licence, as the case may be, only after obtaining the previous approval of the Central Government.] (2B) Where the Government company or corporation is desirous of carrying out the prospecting operations or mining operations in a joint venture with other persons, the joint venture partner shall be selected through a competitive process, and such Government company or corporation shall hold more than seventy-four per cent. of the paid up share capital in such joint venture. (2C) A mining lease granted to a Government company or corporation, or a joint venture, referred to in sub-sections (2A) and (2B), shall be granted on payment of such amount as [5][specified in the Fifth Schedule].] 6[Provided that the Central Government may, by notification in the Official Gazette and for reasons to be recorded in writing, amend the Fifth Schedule so as to modify the entries mentioned therein in the said Schedule with effect from such date as may be specified in the said notification. _Explanation.—For the removal of doubts, it is hereby clarified that all such Government companies or_ corporations whose mining lease has been granted after the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall also pay such additional amount as specified in the Fifth Schedule for the mineral produced after the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021(10 of 2015). (3) [7][Where in exercise of the powers conferred by sub-section (1A) or sub-section (2) the Central Government or the State Government, as the case may be,] undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this Act if such prospecting or mining operations had been undertaken by a private person under prospecting licence or mining lease.] 8[(4) The reservation made under this section shall lapse in case no mining lease is granted within a period of five years from the date of such reservation: 1. Ins. by Act 25 of 1994, s. 7 (w.e.f. 25-1-1994). 2. Ins. by Act 16 of 2023, s. 15 (w.e.f. 17-8-2023) 3. The words “or by the Central Government” omitted by s. 7, ibid. (w.e.f. 25-1-1994). 4. Subs. by Act 16 of 2021, s. 19, for sub-section (2A) (w.e.f. 28-3-2021). 5. Subs. by s. 19, ibid., for “may be prescribed by the Central Government” (w.e.f. 28-3-2021). 6. Ins. by s. 19, ibid. (w.e.f. 28-3-2021). 7. Subs. by Act 25 of 1994, s. 7, for “Where in exercise of the powers conferred by sub-section (2) the State Government” (w.e.f. 25-1-1994). 8. Ins. by Act 16 of 2021, s. 19 (w.e.f. 28-3-2021). 29 ----- Provided that where the period of five years from the date of reservation has expired before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021 or expires within a period of one year from the date of commencement of the said Act, the reservation shall lapse in case no mining lease is granted within a period of one year from the date of commencement of the said Act: Provided further that the State Government may, on an application made by such Government company or corporation or on its own motion, and on being satisfied that it shall not be possible to grant the mining lease within the said period, make an order with reasons in writing, within a period of three months from the date of receipt of such application, to relax such period by a further period not exceeding one year: Provided also that where the Government company or corporation in whose favour an area has been reserved under this section before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (10 of 2015), has commenced production from the reserved area without execution of mining lease, such Government company or corporation shall be deemed to have become lessee of the State Government from the date of commencement of mining operations and such deemed lease shall lapse upon execution of the mining lease in accordance with this sub-section or expiry of period of one year from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021, whichever is earlier. (5) The termination or lapse of mining lease shall result in the lapse of the reservation under this section.] CHAPTER VI DEVELOPMENT OF MINERALS **18. Mineral development.―(1) It shall be the duty of the Central Government to take all such steps** as may be necessary [1][for the conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling any pollution which may be caused by prospecting or mining operations] and [2][for such purposes] the Central Government may, by notification in the Official Gazette, make such rules as it thinks fit. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the opening of new mines and the regulation of mining operations in any area; (b) the regulation of the excavation or collection of minerals from any mine; (c) the measures to be taken by owners of mines for the purpose of beneficiation of ores, including the provision of suitable contrivances for such purpose; (d) the development of mineral resources in any area; (e) the notification of all new borings and shaft sinkings and the preservation of bore-hole records, and specimens of cores of alt new bore-holes; (f) the regulation of the arrangements for the storage of minerals and the stocks thereof that may be kept by any person; (g) the submission of samples of minerals from any mine by the owner thereof and the manner in which and the authority to which such samples shall be submitted; and the taking of samples of any minerals from any mine by the State Government or any other authority specified by it in that behalf; (h) the submission by owners of mines of such special or periodical returns and reports as may be specified, and the form in which and the authority to which such returns and reports shall be submitted; 1. Subs. by Act 37 of 1986, s. 15, for “for the conservation and development of minerals in India” (w.e.f. 10-2-1987). 2. Subs. by s. 15, ibid., for “for that purpose” (w.e.f. 10-2-1987). 30 ----- 1[(i) the regulation of prospecting operations; (j) the employment of qualified geologists or mining engineers to supervise prospecting or mining operations; (k) the disposal or discharge of waste slime or tailings arising from any mining or metallurgical operations carried out in a mine; (l) the manner in which and the authority by which directions may be issued to the owners of any mine to do or refrain from doing certain things in the interest of conservation or systematic development of minerals or for the protection of environment by preventing or controlling pollution which may be caused by prospecting or mining operations; (m) the maintenance and submission of such plans, registers or records as may be specified by the Government; (n) the submission of records or reports by persons carrying on prospecting or mining operations regarding any research in mining or geology carried out by them; (o) the facilities to be afforded by persons carrying out prospecting or mining operations to persons authorised by the Central Government for the purpose of undertaking research or training in matters relating to mining or geology; (p) the procedure for and the manner of imposition of fines for the contravention of any of the rules framed under this section and the authority who may impose such fines; and (q) the authority to which, the period within which, the form and the manner in which applications for revision of any order passed by any authority under this Act and the rules made thereunder may be made, the fee to be paid and the documents which should accompany such applications.] (3) All rules made under this section shall be binding on the Government. 2[18A. Power to authorise Geological Survey of India, etc., to make investigation.―(1) Where the Central Government is of opinion that for the conservation and development of minerals in India, it is necessary to collect as precise information as possible with regard to any mineral available in or under any land in relation to which any prospecting licence [3][or exploration licence] or mining lease has been granted, whether by the State Government or by any other person, the Central Government may authorise the Geological Survey of India, or such other authority or agency as it may specify in this behalf, to carry out such detailed investigations for the purpose of obtaining such information as may be necessary: Provided that in the cases of prospecting licences [3][or exploration licence] or mining leases granted by a State Government, no such authorisation shall be made except after consultation with the State Government. (2) On the issue of any authorisation under sub-section (1), it shall be lawful for the Geological Survey of India or the specified authority or agency, and its servants and workmen— (a) to enter upon such land, (b) to dig or bore into the sub-soil, (c) to do all other acts necessary to determine the extent of any mineral available in or under such land, (d) to set out boundaries of the land in which any mineral is expected to be found, (e) to mark such boundaries and line by placing marks, 1. Ins. by Act 37 of 1986, s. 15 (w.e.f. 10-2-1987). 2. Ins. by Act 56 of 1972, s. 11 (w.e.f. 12-9-1972). 3. Ins. by Act 16 of 2023, s. 16 (w.e.f. 17-8-2023). 31 ----- (f) where otherwise the survey cannot be completed on the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no such authority or agency shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of its intention to do so. (3) Whenever any action of the nature specified in sub-section (2) is to be taken, the Central Government shall, before or at the time when such action is taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered, the Central Government shall refer the dispute to the principal civil court of original jurisdiction having jurisdiction over the land in question. (4) The fact that there exists any such dispute as is referred to in sub-section (3) shall not be a bar to the taking of any action under sub-section (2). (5) After the completion of the investigation, the Geological Survey of India or the specified authority or agency by which the investigation was made shall submit to the Central Government a detailed report indicating therein the extent and nature of any mineral which lies deposited in or under the land. (6) The costs of the investigation made under this section shall be borne by the Central Government: Provided that where the State Government or other person in whom the minerals are vested or the holder of any prospecting licence [1][or exploration licence] or mining lease applies to the Central Government to furnish to it or him a copy of the report submitted under sub-section (5), that State Government or other person or the holder of a prospecting licence [1][or exploration licence] or mining lease, as the case may be, shall bear such reasonable part of the costs of investigation as the Central Government may specify in this behalf and shall, on payment of such part of the costs of investigation, be entitled to receive from the Central Government a true copy of the report submitted to it under subsection (5).] CHAPTER VII MISCELLANEOUS **19.** **[2][Mineral concession to be void if in contravention of Act.]―Any** [3][mineral concession] granted, renewed or acquired in contravention of the provisions of this Act or any rules or orders made thereunder shall be void and of no effect. _Explanation.―Where a person has acquired more than one_ [3][mineral concession] [4]*** and the aggregate area covered by such [5][permits, licences or leases], as the case may be, exceeds the maximum area permissible under section 6, only that [3][mineral concession] the acquisition of which has resulted in such maximum area being exceeded shall be deemed to be void. **20. Act and rules to apply to all renewals of prospecting licences and mining leases.―The** provisions of this Act and the rules made thereunder shall apply in relation to the renewal after the commencement of this Act of any prospecting licence or mining lease granted before such commencement as they apply in relation to the renewal of a prospecting licence or mining lease granted after such commencement. 6[20A. Power of Central Government to issue directions.―(1) Notwithstanding anything contained in this Act, the Central Government may issue such directions to the State Governments, as 1. Ins. by Act 16 of 2023, s. 16 (w.e.f. 17-8-2023). 2. Subs. by s. 17, ibid., for the marginal heading (w.e.f. 17-8-2023). 3. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 4. The words “in any State” omitted by Act 25 of 1994, s. 8 (w.e.f. 25-1-1994). 5. Subs. by Act 38 of 1999, s. 16, for “licences or leases” (w.e.f. 18-12-1999). 6. Ins. by Act 10 of 2015, s. 18 (w.e.f. 12-1-2015). 32 ----- may be required for the conservation of mineral resources, or on any policy matter in the national interest, and for the scientific and sustainable development and exploitation of mineral resources. (2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may also issue directions in respect of the following matters, namely:― (i) improvement in procedure for grant of mineral concessions and to ensure co-ordination among agencies entrusted with according statutory clearances; (ii) maintenance of internet-based databases including development and operation of a mining tenement system; (iii) implementation and evaluation of sustainable development frameworks; (iv) reduction in waste generation and related waste management practices and promotion of recycling of materials; (v) minimising and mitigating adverse environmental impacts particularly in respect of ground water, air, ambient noise and land; (vi) ensuring minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat; (vii) promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of the local communities; and (viii) such other matters as may be necessary for the purposes of implementation of this Act.] **21. Penalties.―[1][(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of** section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area. (2) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.] (3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land. 2[(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. (4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court.] (5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. 3[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable.] 1. Subs. by Act 10 of 2015, s. 19, for sub-sections (1) and (2) (w.e.f. 12-1-2015). 2. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999). 3. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987). 33 ----- 1[Explanation.—On and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021, the expression “raising, transporting or causing to raise or transport any mineral without any lawful authority” occurring in this section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite licence [2][exploration licence] or in contravention of the rules made under section 23C.] **22. Cognizance of offences.―No court shall take cognizance of any offence punishable under this** Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government. **23. Offences by companies.―(1) If the person committing an offence under this Act or any rules** made thereunder is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.―For the purposes of this section,―_ (a) “company” means any body corporate and includes a firm or other association of individuals; (b) “director” in relation to a firm means a partner in the firm. 3[23A. Compounding of offences.―(1) Any offence punishable under this Act or any rule made thereunder may, either before or after the institution of the prosecution, be compounded by the person authorised under section 22 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify: Provided that in the case of an offence punishable with fine only, no such sum shall exceed the maximum amount of fine which may be imposed for that offence. (2) Where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith.] 4[23B. Power to search.―If any gazetted officer of the Central or a State Government authorised by the Central Government [5][or a State Government, as the case may be,] in this behalf by genera! or special order has reason to believe that any mineral has been raised in contravention of the provisions of this Act or rules made thereunder or any document or thing in relation to such mineral is secreted in any place [3][or vehicle], he may search for such mineral, document or thing and the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every such search.] 6[23C. Power of State Government to make rules for preventing illegal mining, transportation **and storage of minerals.―(1) The State Government may, by notification in the Official Gazette, make** rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― 1. Ins. by Act 16 of 2021, s. 20 (w.e.f. 28-3-2021). 2. Ins. by Act 16 of 2023, s. 18 (w.e.f. 17-8-2023). 3. Ins. by Act 56 of 1972, s. 13 (w.e.f. 12-9-1972). 4. Ins. by Act 25 of 1994, s. 9 (w.e.f. 25-1-1994). 5. Ins. by Act 38 of 1999, s. 18 (w.e.f. 18-12-1999). 6. Ins. by s. 19, ibid. (w.e.f. 18-12-1999). 34 ----- (a) establishment of check-posts for checking of minerals under transit; (b) establishment of weigh-bridges to measure the quantity of mineral being transported; (c) regulation of mineral being transported from the area granted under a prospecting licence or a mining lease or a quarrying licence or a permit, in whatever name the permission to excavate minerals, has been given; (d) inspection, checking and search of minerals at the place of excavation or storage or during transit; (e) maintenance of registers and forms for the purposes of these rules; (f) the period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid thereforand powers of such authority for disposing of such applications; and (g) any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals. (3) Notwithstanding anything contained in section 30, the Central Government shall have no power to revise any order passed by a State Government or any of its authorised officers or any authority under the rules made under sub-sections (1) and (2).] **24. Power of entry and inspection.―(1) For the purpose of ascertaining the position of the** working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this Act or the rules made thereunder, any person authorised by the [1][Central Government or a State Government] in this behalf, by general [2]*** order, may― (a) enter and inspect any mine; (b) survey and take measurements in any such mine; (c) weigh, measure or take measurements of the stocks of minerals lying at any mine; (d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record; (e) order the production of any such document, book, register, record, as is referred to in clause (d); and (f) examine any person having the control of, or connected with, any mine. (2) Every person authorised by the [1][Central Government or a State Government] under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and every person to whom an order or summons is issued by virtue of the powers conferred by clause (e) or clause (f) of that sub-section shall be legally bound to comply with such order or summons, as the case may be. 3[24A. 4[Rights and liabilities of a holder of mineral concession.]―(1) On the issue of a 5[mineral concession] under this Act and the rules made thereunder, it shall be lawful for the [6][holder of such permit, licence or lease], his agents or his servants or workmen to enter the lands over which [7][such permit, lease or licence had been granted] at all times during its currency and carry out all such 8[reconnaissance, prospecting or mining operations] as may be prescribed: 1. Subs. by s. 20, ibid., for “Central Government” (w.e.f. 18-12-1999). 2. The words “or special” omitted by s. 20, ibid. (w.e.f. 18-12-1999). 3. Ins. by Act 37 of 1986, s. 17 (w.e.f. 10-2-1987). 4. Subs. by Act 16 of 2023, s. 19, for the marginal heading (w.e.f. 17-8-2023). 5. Subs. by Act 16 of 2021, s. 2, for “ reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-3021). 6. Subs. by Act 38 of 1999, s. 21, for “holder of such licence or lease” (w.e.f. 18-12-1999). 7. Subs. by s. 21, ibid., for “such lease or licence had been granted” (w.e.f. 18-12-1999). 8. Subs. by s. 21, ibid., for “prospecting or mining operations” (w.e.f. 18-12-1999). 35 ----- Provided that no person shall enter into any building or upon an enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so. (2) The holder of a [1][mineral concession] referred to in sub-section (1) shall be liable to pay compensation in such manner as may be prescribed to the occupier of the surface of the land granted under [2][such permit, licence or lease] for any loss or damage which is likely to arise or has arisen from or in consequence of the [3][reconnaissance, mining or prospecting operations]. (3) The amount of compensation payable under sub-section (2) shall be determined by the State Government in the manner prescribed.] **25. Recovery of certain sums as arrears of land revenue.―[4][(1)] Any rent, royally, tax, fee or** other sum due to the Government under this Act or the rules made thereunder or under the terms and conditions of any [1][mineral concession] may, on a certificate of such officer as may be specified by the State Government in this behalf by general or special order, be recovered in the same manner as an arrear of land revenue. 5[(2) Any rent, royalty, tax, fee or other sum due to the Government either under this Act or any rule made thereunder or under the terms and conditions of any [1][mineral concession] may, on a certificate of such officer as may be specified by the State Government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the Government after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972), together with the interest due thereon shall be a first charge on the assets of the holder of the [1][mineral concession], as the case may be.] **26. Delegation of powers.―(1) The Central Government may, by notification in the Official** Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification be exercisable also by― (a) such officer or authority subordinate to the Central Government; or (b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the notification. (2) The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification. (3) Any rules made by the Central Government under this Act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any State Government or any officer or authority subordinate thereto. **27. Protection of action taken in good faith.―No suit, prosecution or other legal proceedings shall** lie against any person for anything which is in good faith done or intended to be done under this Act. **28. Rules and notifications to be laid before Parliament and certain rules to be approved by** **Parliament.―[6][(1) Every rule and every notification made by the Central Government under this Act** shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both 1. Subs. by Act 16 of 2021, s. 2, for “ reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-3021). 2. Subs. by s. 21, ibid., for “such licence or lease” (w.e.f. 18-12-1999). 3. Subs. by s. 21, ibid., for “mining or prospecting operations” (w.e.f. 18-12-1999). 4. Section 25 re-numbered as sub-section (1) thereof by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972). 5. Ins. by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972). 6. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 12-9-1972). 36 ----- Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.] (2) Without prejudice to the generality of the rule making power vested in the Central Government, no rules made with reference to clause (c) of sub-section (2) of section 16 shall come into force until they have been approved, whether with or without modifications, by each House of Parliament. 1[(3) Every rule and every notification made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists one House, before that House.] **29. Existing rules to continue.―All rules made or purporting to have been made under the Mines** and Minerals (Regulation and Development) Act, 1948 (53 of 1948), shall, insofar as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act as if this Act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this Act. 2[30. Power of revision by Central Government.―The Central Government may, of its own motion or on an application made within the prescribed time by an aggrieved party,― (a) revise any order made by a State Government or other authority in exercise of the powers conferred on it by or under this Act with respect to any mineral other than a minor mineral; or (b) where no such order has been made by the State Government or other authority in exercise of the powers conferred on it by or under this Act with respect to any mineral other than a minor mineral within the time prescribed therefore, pass such order as it may think fit and appropriate in the circumstances: Provided that in cases covered by clause (b) the Central Government shall, before passing any order under this clause, give an opportunity of being heard or to represent in the matter.] 3[30A. Special provisions relating to mining leases for coal granted before 25th October, **1949.―Notwithstanding anything contained in this Act, the provisions of sub-section (1) of section 9** and sub-section (1) of section 16 shall not apply to or in relation to mining leases granted before the 25th day of October, 1949, in respect of coal, but the Central Government, if it is satisfied that it is expedient so to do, may, by notification in the Official Gazette, direct that all or any of the said provisions (including any rules made under sections 13 and 18) shall apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that or in any subsequent notification.] 4[30B. Constitution of Special Courts.―(1) The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for such area or areas, as may be specified in the notification. (2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the concurrence of the High Court. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and Sessions Judge. (4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days from the date of such order. 1. Ins. by Act 25 of 1994, s. 10 (w.e.f. 25-1-1994). 2. Subs. by s. 20, for section 30 (w.e.f. 12-1-2015). 3. Ins. by Act 15 of 1958, s. 2 (w.e.f. 15-5-1958). 4. Ins. by Act 10 of 2015, s. 21 (w.e.f. 12-1-2015). 37 ----- **30C. Special Courts to have powers of Court of Session.―Save as otherwise provided in this Act,** the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before the Special Court and for the purpose of the provisions of this Act, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court shall be deemed to be a public prosecutor.] **31. Relaxation of rules in special cases.―The Central Government may, if it is of opinion that in** the interests of mineral development it is necessary so to do, by order in writing and for reasons to be recorded, authorise in any case the grant, renewal or transfer of any [1][mineral concession], or the working of any mine for the purpose of searching for or winning any mineral, on terms and conditions different from those laid down in the rules made under section 13. **32. [Amendments to Act 53 of 1948].―Rep. by the Repealing and Amending Act, 1960 (58 of 1960),** _s. 2 and the First Schedule (w.e.f. 26-12-1960)._ **33. Validation of certain acts and indemnity.―All acts of executive authority done, proceedings** taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 1948), with respect to the regulation of mines and the development of minerals during the period commencing on the 26th day of January, 1950, and ending with the date of commencement of this Act by the Government or by any officer of the Government or by any other authority, in the belief or purported belief that the acts, proceedings of sentences were being done, taken or passed under the said Act, shall be as valid and operative as if they had been done, taken or passed in accordance with law, and no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law. 1. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021). 38 ----- 1[THE FIRST SCHEDULE [See sections 4(3), 5(1), 7(2) and [2][8(1), 8A(1), 10A, 10B(1), 10C(1), 11(1), 11B, 11C, [3][11D]12A(1), and 17A(2A)]] SPECIFIED MINERALS 1. Coal and lignite. _PART A_ _Hydro carbons/energy minerals_ 4[PART B _Atomic minerals_ 1. Minerals of the "rare earths" group containing Uranium and Thorium. 2. Phosphorites and other phosphatic ores containing Uranium. 3. Pitchblende and other Uranium ores. 4. Uraniferous allanite, monazite and other thorium minerals. 5. Uranium bearing tailings left over from ores after extraction of copper and gold, ilmenite and other titanium ores. 6. Beach sand minerals, that is, economic heavy minerals found in the teri or beach sands, which include ilmenite, rutile, leucoxene, garnet, monazite, zircon and sillimanite.] _PART C_ 1. Asbestos. 2. Bauxite. 3. Chrome ore. 4. Copper ore. 5. Gold. 6. Iron ore. 7. Lead. 5*** 9. Manganese ore. 10. Precious stones. _Metallic and non-metallic minerals_ 6[PART D _Critical and Strategic Minerals_ 11. Zinc.] 1. Beryl and other beryllium bearing minerals. 2. Cadmium bearing minerals. 3. Cobalt bearing minerals. 1. Subs. by Act 25 of 1994, s. 12, for the First Schedule (w.e.f. 25-1-1994). 2. Subs. by Act 10 of 2015, s. 22, for “8(2)” (w.e.f. 12-1-2015). 3. Ins. by Act 16 of 2023, s. 20 (w.e.f. 17-8-2023). 4. Subs. by s. 20, ibid., for Part B (w.e.f. 17-8-2023). 5. Omitted by Act 38 of 1999, s. 24 (w.e.f. 18-12-1999). 6. Ins. by Act 16 of 2023, s. 20 (w.e.f. 17-8-2023). 39 ----- 4. Gallium bearing minerals. 5. Glauconite. 6. Graphite. 7. Indium bearing minerals. 8. Lithium bearing minerals. 9. Molybdenum bearing minerals. 10. Nickel bearing minerals. 11. Niobium bearing minerals. 12. Phosphate (without uranium). 13. Platinum group of elements bearing minerals. 14. Potash. 15. Minerals of the "rare earths" group not containing Uranium and Thorium. 16. Rhenium bearing minerals. 17. Selenium bearing minerals. 18. Tantalum bearing minerals. 19. Tellurium bearing minerals. 20. Tin bearing minerals. 21. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene). 22. Tungsten bearing minerals. 23. Vanadium bearing minerals. 24. Zirconium bearing minerals and ores including zircon.] 40 ----- 1[SECOND SCHEDULE (See section 9) RATES OF ROYALTY IN RESPECT OF MINERALS AT ITEMS 1 TO 9, 11 TO 40 AND 42 TO 55 1. Apatite and Rock Phosphate: (i) Apatite (ii) Rock Phosphate (a) Above 25% P2O5 (b) Upto 25% P2O5 2. Asbestos: (i) Chrysotile Five per cent. of average sale price on ad valorem basis. Twelve and half per cent. of average sale price on _ad_ _valorem basis._ Six per cent. of average sale price on ad valorem basis. Eight Hundred and Eighty rupees per tonne. (ii) Amphibole Fifteen per cent. of average sale price on _ad valorem_ basis. 3. Barytes: Six and half per cent. of average sale price on _ad_ _valorem basis._ 4. Bauxite and Laterite: **_(a) Metallurgical Grade:_** Zero point six zero per cent. of London Metal Exchange Aluminium metal price chargeable on the contained aluminium metal in ore produced for those dispatched for use in alumina and aluminium metal extraction. **_(b) Non Metallurgical Grade:_** Twenty five per cent. of average sale price on _ad valorem basis for those dispatched for use other than_ alumina andaluminium metal extraction. 5. Brown Ilmenite (Leucoxene), Ilmenite, Rutile and Zircon: 6. Cadmium: Two per cent. of average sale price on ad valorem basis. Fifteen per cent. of average sale price on _ad valorem_ basis. 7. Calcite: Fifteen per cent. of average sale price on _ad valorem_ basis. 8. China clay or Kaolin: (including ball clay and white shale, white clay) (i) Crude (ii) Processed(including washed) Eight per cent. of average sale price on ad valorem basis. Twelve per cent. of average sale price on _ad valorem_ basis. 9. Clay others: Twenty rupees per tonne. 10. Coal (including Lignite): 11. Chromite: Fifteen per cent. of average sale price on _ad valorem_ basis. 12. Columbite-tantalite: Ten per cent. of average sale price on ad valorem basis. 1. Subs. by notification No. G.S.R. 630(E), for the Second Schedule (w.e.f. 1-9-2014). 41 ----- 13. Copper: Four point six two per cent. of London Metal Exchange Copper metal price chargeable on the contained copper metal in ore produced. 14. Diamond: Eleven point five per cent. of average sale price on _ad valorem basis._ 15. Dolomite: Seventy-five rupees per tonne. 16. Dunite: Thirty rupees per tonne. 17. Felspar: Fifteen per cent. of average sale price on _ad valorem_ basis. 18. Fire Clay: (including plastic, pipe, lithomargic and natural pozzolanic clay) 19. Fluorspar: (also called fluorite) 20. Garnet: (i) Abrasive Twelve per cent. of average sale price on _ad valorem_ basis. Eight per cent. of average sale price on ad valorem basis. Four per cent. of average sale price on ad valorem basis. (ii) Gem Ten per cent. of average sale price on ad valorem basis. 21. Gold: (i) Primary Four per cent. of London Bullion Market Association Price (commonly referred to as London Price) chargeable on the gold metal in ore produced. (ii) By-product gold Three point three per cent. of London Bullion Market Association Price (commonly referred to as London Price) chargeable on the by-product gold metal actually produced. 22. Graphite: (i) With 80 per cent. or more fixed carbon (ii) With 40 per cent. or more fixed carbon but less than 80 per cent. fixed carbon (iii) With 20 per cent. or more fixed carbon but less than 40 per cent. fixed carbon (iv) With less than 20 per cent. fixed carbon Two hundred and twenty-five rupees per tonne. One hundred and fifty rupees per tonne. Sixty-five rupees per tonne. Twenty-five rupees per tonne. 23. Gypsum: Twenty per cent. of average sale price on _ad valorem_ basis. 24. Iron Ore: (CLO, Lumps, fines and concentrates all grades) Fifteen per cent. of average sale price on _ad valorem_ basis. 25. Lead: (a) Eight point five per cent. of London Metal Exchange Lead metal price chargeable on the contained lead metal in ore produced. 42 ----- 26. Limestone: (i) L. D. Grade (less than 1.5 per cent. silica content) (b) Fourteen point five per cent. of London Metal Exchange Lead metal price chargeable on the contained lead metal in the concentrate produced. Ninety rupees per tonne. (ii) Others Eighty rupees per tonne. 27. Lime kankar: Eighty rupees per tonne. 28. Limeshell: Eighty rupees per tonne. 29. Magnesite: Three per cent. of average sale price on ad valorem basis. 30. Manganese Ore: (i) Ore of all grade Five per cent. of average sale price on ad valorem basis. (ii) Concentrates One point seven per cent. of average sale price on _ad valorem basis._ 31. Marl: Sixty rupees per tonne. 32. Crude Mica, waste mica and scrap mica: Four per cent. of average sale price on ad valorem basis. 33. Monazite: One hundred and twenty-five rupees per tonne. 34. Nickel: Zero point one two per cent. of London Metal Exchange Nickel metal price chargeable on the contained nickel metal in ore produced. 35. Ochre: Twenty-four rupees per tonne. 36. Pyrites: Two per cent. of average sale price on ad valorem basis. 37. Pyrophyllite: Twenty per cent. of average sale price on _ad valorem_ basis. 38. Quartz: Fifteen per cent. of average sale price on _ad valorem_ basis. 39. Ruby: Ten per cent. of average sale price on ad valorem basis. 40. Sand (others): Twenty rupees per tonne. 41. Sand for stowing: ** 42. Shale: Sixty rupees per tonne. 43. Silica sand and moulding sand andQuartzite: Ten per cent. of average sale price on ad valorem basis. 44. Sillimanite: Two point five per cent. of average sale price on _ad valorem basis._ 45. Silver: (i) By-product Seven per cent. of London Metal Exchange Price chargeable on by-product silver metal actually produced. (ii) Primary Silver Five per cent. of London Metal Exchange Silver Metal Price chargeable on the contained silver metal in ore produced. 43 ----- 46. Slate: Forty-five rupees per tonne. 47. Talc, Steatite and Soapstone: Eighteen per cent. of average sale price on _ad valorem_ basis. 48. Tin: Seven point five per cent. of London Metal Exchange Tin metal price chargeable on the contained tin metal in ore produced. 49. Tungsten: Twenty rupees per unit per cent. of contained WO3 per tonne of ore and on pro rata basis. 50. Uranium: Two per cent. of annual compensation amount received by M/s. Uranium Corporation of India Ltd., to be apportioned among the States on the basis of data provided by Department of Atomic Energy. 51. Vanadium: Twenty per cent. of average sale price on _ad valorem_ basis. 52. Vermiculite: Five per cent. of average sale price on ad valorem basis. 53. Wollastonite: Fifteen per cent. of average sale price on _ad valorem_ basis. 54. Zinc: (a) Nine point five per cent. of London Metal Exchange Zinc metal price on _ad valorem basis chargeable on_ contained zinc metal in ore produced. (b) Ten per cent. of London Metal Exchange Zinc metal price on _ad valorem basis chargeable on contained zinc_ metal in concentrate produced. 55. All other minerals not herein before specified (Agate, Corundum, Diaspore, Felsite, Fuschite-Quartzite, Jasper, Kyanite, Perlite, Pyroxenite, Rock Salt, Selenite, etc.) Twelve per cent. of average sale price on _ad valorem_ basis. **Notes:―** 1. * Rates of royalty in respect of item No. 10 relating to Coal (including Lignite) as revised _vide_ notification number G.S.R. 349(E), dated the 10th May, 2012 read with corrigendum G.S.R. 525(E), dated the 14th June, 2012 of the Government of India in the Ministry of Coal shall remain in force until revised through a separate notification by the Ministry of Coal. 2. ** Rates of royalty in respect of item No. 41 relating to Sand for stowing revised _vide notification_ number G.S.R. 214(E), dated the 11th April, 1997, will remain in force until revised through a separate notification by the Ministry of Coal.] 44 ----- 1[THIRD SCHEDULE (See section 9A) Rates of Dead Rent 1. Rates of dead rent applicable to the leases granted for low value minerals are as under: **RATES OF DEAD RENT IN RUPEES PER HECTARE PER ANNUM** From 2nd Year of Lease 3rd and 4th Year of Lease 5th Year onwards 400 1000 2000 2. Two times the rate specified at paragraph 1 above in case of lease granted for medium value minerals. 3. Three times the rate specified at paragraph 1 above in case of lease granted for high value minerals. 4. Four times the rate specified at paragraph 1 above in case of lease granted for precious metals and stones. Note: 1. For the purpose of this notification:― (a) “precious metals and stones” means gold, silver, diamond, ruby, sapphire and emerald; (b) “high value minerals” means semi-precious stones (agate, gem garnet), corundum, copper, lead, zinc, and asbestos (chrysotile variety); (c) **“medium value minerals” means chromite, manganese ore, kyanite, sillimanite, vermiculite,** magnesite, wollastonite, perlite, diaspore, apatite, rock phosphate, fluorite (fluorspar), barytes, and iron ore; (d) **“low value minerals” means the minerals other than precious metals and stones, high value** minerals and medium value minerals.] 1. Subs. by notification No. G.S.R.631(E), for “Third Schedule” (w.e.f. 1-9-2014). 45 ----- 1[THE FOURTH SCHEDULE [See clause (ea) of section 3] Notified Minerals 1. Bauxite. 2. Iron ore. 3. Limestone. 4. Manganese ore.] 1. Ins. by Act 10 of 2015, s. 23 (w.e.f. 12-1-2015). 46 ----- 1[THE FIFTH SCHEDULE [See sections 8(4), 8A(8) and 17A(2C)] **S. No.** **Mineral** **Additional amount on grant or extension of** **mining lease** 1. Iron ore and chromite Equivalent to one hundred and fifty per cent. of the royalty payable 2. Copper Equivalent to fifty per cent. of the royalty payable 3. Coal and lignite Equivalent to the royalty payable 4. Other minerals (other Equivalent to the Equivalent to the royalty payable royalty payable than coal and lignite) _Explanation.—For the purposes of this Schedule, the additional amount shall be in addition to_ royalty or payment to the District Mineral Foundation and National Mineral Exploration Trust or any other statutory payment. 1. Ins. by Act 16 of 2021, s. 21 (w.e.f. 28-3-2021). 47 |S. No.|Mineral|Additional amount on grant or extension of mining lease| |---|---|---| |1.|Iron ore and chromite|Equivalent to one hundred and fifty per cent. of the royalty payable| |2.|Copper|Equivalent to fifty per cent. of the royalty payable| |3.|Coal and lignite|Equivalent to the royalty payable| |4.|Other minerals (other Equivalent to the royalty payable than coal and lignite)|Equivalent to the royalty payable| ----- THE SIXTH SCHEDULE [See sections 8(5) and 8A(7A)] (i) For non-auctioned captive mines (other than coal and lignite): **Mineral** **Additional Amount** Bauxite Equivalent to one hundred and fifty per (i) Metallurgical Grade cent. of the royalty payable Equivalent to the royalty payable Non-Metallurgical Grade Chromite Equivalent to the royalty payable (i) Up to forty per cent. of Cr2O3 Equivalent to two hundred per cent. of (ii) forty per cent. and more of Cr2O3 and the royalty payable concentrates Iron ore Lumps, ROM and concentrates Equivalent to two hundred and fifty per cent. of the royalty payable Fines Equivalent to one hundred and fifty per cent. of the royalty payable Limestone L.D. Grade (less than 1.5 per cent. silica content) Equivalent to two hundred per cent. of the (ii) Other grades Equivalent to the royalty payable Manganese (i) Less than thirty-five per cent. of manganese Equivalent to the royalty payable content (ii) Thirty-five per cent. and above of Equivalent to five hundred per cent. of manganese content the royalty payable Other minerals Equivalent to the royalty payable (ii) For auctioned captive mines (other than coal and lignite): **Quantity of sale** **Additional Amount** Sale of mineral up to twenty-five per cent. of _Nil_ annual production Sale of mineral more than twenty-five per cent. Equivalent to fifty per cent. of the royalty and up to fifty per cent. of annual production payable (iii) For coal and lignite: **Additional Amount** **Type of mine** Equivalent to two hundred per cent. of (i) Captive coal and lignite mines, auctioned for the royalty payable power sector through reverse bidding under the Coal Mines (Special Provisions) Act, 2015 (11 of 2015) 48 |S. No.|Mineral|Additional Amount| |---|---|---| |1.|Bauxite|| ||(i) Metallurgical Grade|Equivalent to one hundred and fifty per cent. of the royalty payable| ||Non-Metallurgical Grade|Equivalent to the royalty payable| |2.|Chromite|| ||(i) Up to forty per cent. of Cr2O3|Equivalent to the royalty payable| ||(ii) forty per cent. and more of Cr2O3 and concentrates|Equivalent to two hundred per cent. of the royalty payable| |3.|Iron ore|| ||Lumps, ROM and concentrates|Equivalent to two hundred and fifty per cent. of the royalty payable| ||Fines|Equivalent to one hundred and fifty per cent. of the royalty payable| |4.|Limestone|| ||L.D. Grade (less than 1.5 per cent. silica content)|Equivalent to two hundred per cent. of the| ||(ii) Other grades|Equivalent to the royalty payable| |5.|Manganese|| ||(i) Less than thirty-five per cent. of manganese content|Equivalent to the royalty payable| ||(ii) Thirty-five per cent. and above of manganese content|Equivalent to five hundred per cent. of the royalty payable| |6.|Other minerals|Equivalent to the royalty payable| |(ii) For auctioned captive mines (other than coal and lignite):||| |S. No.|Quantity of sale|Additional Amount| |1.|Sale of mineral up to twenty-five per cent. of annual production|Nil| |2.|Sale of mineral more than twenty-five per cent. and up to fifty per cent. of annual production|Equivalent to fifty per cent. of the royalty payable| |(iii) For coal and lignite:||| |S. No|Type of mine|Additional Amount| |1.|(i) Captive coal and lignite mines, auctioned for power sector through reverse bidding under the Coal Mines (Special Provisions) Act, 2015 (11 of 2015)|Equivalent to two hundred per cent. of the royalty payable| ----- |Col1|(ii) Captive coal and lignite mines allocated through allotment route [other than mines covered under item no. (iv)]|Equivalent to the royalty payable| |---|---|---| ||(iii) Captive coal and lignite mines allocated through auction route [other than mines covered under item nos. (i) and (iv)]|Equivalent to the royalty payable| ||(iv) For captive coal and lignite mines that were auctioned and allotted with condition allowing sale of coal up to twenty-five per cent. of annual production—|| ||(a) for sale of coal up to twenty-five per cent. of annual production|Additional amount payable as per the condition mentioned in the tender document or allotment document| ||(b) for sale of coal more than twenty-five per cent. and up to fifty per cent. of annual production|Fifty per cent. of the royalty payable| _Explanation.—For the purposes of this Schedule, it is hereby clarified that—_ (a) the additional amount shall be in addition to royalty or payment to the District Mineral Foundation and National Mineral Exploration Trust or any other statutory payment or payment specified in the tender document or the auction premium (wherever applicable). _(b) Ad valorem royalty for the purpose of calculating the additional amount for coal and lignite_ shall be based on National Coal Index and Representative Price of coal excluding the taxes, levies and other charges.] 49 ----- 1[THE SEVENTH SCHEDULE [See sections 3 (aaa), 10BA(2) and 10BA(3)] _Minerals_ 1. Apatite. 2. Beryl and other beryllium bearing minerals. 3. Cadmium bearing minerals. 4. Cobalt bearing minerals. 5. Copper bearing minerals. 6. Diamond. 7. Gold. 8. Graphite. 9. Indium bearing minerals. 10. Lead bearing minerals. 11. Lithium bearing minerals. 12. Molybdenum bearing minerals. 13. Niobium bearing minerals. 14. Nickel bearing minerals. 15. Potash. 16. Platinum group of elements bearing minerals. 17. Minerals of 'rare earths' group. 18. Rhenium bearing minerals. 19. Rock Phosphate. 20. Selenium. 21. Silver. 22. Tantalum bearing minerals. 23. Tellurium bearing minerals. 24. Tin bearing minerals. 25. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene). 26. Tungsten bearing minerals. 27. Vanadium bearing minerals. 28. Zinc bearing minerals. 29. Zirconium bearing minerals and ores including zircon.] 1. Ins. by Act 16 of 2023, s. 21 (w.e.f. 17-8-2023). 50 -----

27-Jan-1899

2

The Indian Stamp Act, 1899

https://www.indiacode.nic.in/bitstream/123456789/20095/1/the_indian_stamp_act%2c_1899.pdf

Andaman and Nicobar Islands

THE INDIAN STAMP ACT, 1899 _____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II STAMP DUTIES _A.—Of the liability of instruments to duty_ 3. Instruments chargeable with duty. 3A. [Repealed.]. 4. Several instruments used in single transaction of sale, mortgage or settlement. 5. Instruments relating to several distinct matters. 6. Instruments coming within several descriptions in Schedule I. 7. Policies of sea-insurance. 8. Bonds, debentures or other securities issued on loans under Act XI of 1879. 8A. Securities dealt in depository not liable to stamp duty. 8B. Corporatisation and demutualisation schemes and related instruments not liable to duty. 8C. Negotiable warehouse receipts not liable to stamp duty. 8D. Agreement or document for assignment of receivables not liable to stamp duty. 8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty. 8F. Agreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty. 9. Power to reduce, remit or compound duties. _B.—Of stamps and the mode of using them_ 10. Duties how to be paid. 11. Use of adhesive stamps. 12. Cancellation of adhesive stamps. 13. Instruments stamped with impressed stamps how to be written. 14. Only one instrument to be on same stamps. 15. Instrument written contrary to section 13 or 14 deemed unstamped. 16. Denoting duty. _C. —Of the time of stamping instruments_ 17. Instrument executed in India. 18. Instruments other than bills and notes executed out of India. 19. Bills and notes drawn out of India. _D. —Of valuations for duty_ 20. Conversion of amount expressed in foreign currencies. 21. Stock and marketable securities how to be valued. 22. Effect of statement of rate of exchange or average price. 23. Instruments reserving interest. 23A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements. ----- SECTIONS 24. How transfer in consideration of debt, or subject to future payment, etc., to be charged. 25. Valuation in case of annuity, etc. 26. Stamp where value of subject-matter is indeterminate. 27. Facts affecting duty to be set forth in instrument. 28. Direction as to duty in case of certain conveyances. _E. —Duty by whom payable_ 29. Duties by whom payable. 30. Obligation to give receipt in certain cases. CHAPTER III ADJUDICATION AS TO STAMPS 31. Adjudication as to proper stamp. 32. Certificate by Collector. CHAPTER IV INSTRUMENTS NOT DULY STAMPED 33. Examination and impounding of instruments. 34. Special provision as to unstamped receipts. 35. Instruments not duly stamped inadmissible in evidence, etc. 36. Admission of instrument where not to be questioned. 37. Admission of improperly stamped instruments. 38. Instruments impounded how dealt with. 39. Collector's power to refund penalty paid under section 38, sub-section (1). 40. Collector's power to stamp instruments impounded. 41. Instruments unduly stamped by accident. 42. Endorsement of instruments on which duty has been paid under sections 35, 40 or 41. 43. Prosecution for offence against Stamp-law. 44. Persons paying duty or penalty may recover same in certain cases. 45. Power to Revenue-authority to refund penalty or excess duty in certain cases. 46. Non-liability for loss of instruments sent under section 38. 47. Power of payer to stamp bills, and promissory notes received by him unstamped. 48. Recovery of duties and penalties. CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowance for spoiled stamps. 50. Application for relief under section 49 when to be made. 51. Allowance in case of printed forms no longer required by Corporations. 52. Allowance for misused stamps. 53. Allowance for spoiled or misused stamps how to be made. 54. Allowance for stamps not required for use. 54A. Allowances for stamps in denominations of annas. 54B. Allowances for Refugee Relief stamps. 55. Allowance on renewal of certain debentures. CHAPTER VI REFERENCE AND REVISION 56. Control of, and statement of case to, Chief Controlling Revenue-authority. ----- SECTIONS 57. Statement of case by Chief Controlling Revenue-authority to High Court. 58. Power of High Court to call for further particulars as to case stated. 59. Procedure in disposing of case stated. 60. Statement of case by other Courts to High Court. 61. Revision of certain decisions of Courts regarding the sufficiency of stamps. CHAPTER VII CRIMINAL OFFENCES AND PROCEDURE 62. Penalty for executing, etc., instrument not duly stamped. 63. Penalty for failure to cancel adhesive stamp. 64. Penalty for omission to comply with provisions of section 27. 65. Penalty for refusal to give receipt, and for devices to evade duty on receipts. 66. Penalty for not making out policy or making one not duly stamped. 67. Penalty for not drawing full number of bills or marine policies purporting to be in sets. 68. Penalty for post-dating bills, and for other devices to defraud the revenue. 69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale. 70. Institution and conduct of prosecutions. 71. Jurisdiction of Magistrates. 72. Place of trial. CHAPTER VIII SUPPLEMENTAL PROVISIONS 73. Books, etc., to be open to inspection. 74. Powers to make rules relating to sale of stamps. 75. Powers to make rules generally to carry out Act. 76. Publication of rules. 76A. Delegation of certain powers. 77. Saving as to court-fees. 77A. Saving as to certain stamps. 78. Act to be translated, and sold cheaply. 79. [Repealed.]. SCHEDULE I.––Stamp-duty on instruments. SCHEDULE II. –– [Repealed.]. ----- # THE INDIAN STAMP ACT, 1899 ACT NO. 2 OF 1899[1] [27th January, 1899] # An Act to Consolidate and amend the law relating to Stamps. WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement** — (1) This Act may be called the Indian Stamp Act, 1899. 2[(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that it shall not apply to [3][the territories which, immediately before the 1st November, 1956, were comprised in Part B States] (excluding the State of Jammu and Kashmir) except to the extent to which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution]. (3) It shall come into force on the first day of July, 1899. **2. Definitions. — In this Act, unless there is something repugnant in the subject or context, —** (1) “Banker”. —“banker” includes a bank and any person acting as a banker; (2) “Bill of exchange”. — “bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money; (3) “Bill of exchange payable on demand”. —“bill of exchange payable on demand” includes— 1. For Report of the Select Committee, see Gazette of India, 1898. Pt. -V, p. 231: and for Proceedings in Council, _see 1898, Pt. VI, pp. 10 and 278; and Gazette of India, 1899, Pt. VI, p 5._ This Act has been partially extended to Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1872), s. 3, as amended by Reg. 3 of 1899, s. 3; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch; and in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2. Under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874) the Act has been declared to be in force in the Scheduled Districts of Ganjam, Vizagapatam and East Godavary, see Notification No. 121, dated 25th April, 1927, Fort St. George Gazette, 1927, Pt. I, p. 684. It has also been extended under ss. 5 and 5A of the same Act, with certain modifications. to the districts of the Khasi and Jaintia Hills, the Garo Hills, the Lushai Hills and the Naga Hills and the North Kachar sub-division of the Kachar district, the Mikir Hill Tracts in the Sibsagar and Nowgong districts and the Lakhimpur Frontier Tract, _see_ Notification No. 1541.F(a), dated 10th April; 1930. Assam Gazette 1930. Pt. ii, p. 700. Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1: to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Schedule. 2. Subs. by Act 43 of 1955, s. 3, for sub-section (2) (w.e.f. 1-4-1956). 3. Subs. by the A.O. (No. 2) 1956, for “Part B States”. ----- (a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; (b) an order for the payment of any sum of money weekly, monthly, or at any other stated period; and (c) a letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn: (4) “Bill of lading”. — “bill of lading” includes a “through bill lading”, but does not include a mate's receipt: (5) “Bond”. — “bond” includes— (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and (c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another: (6) **“Chargeable”. — “chargeable” means, as applied to an instrument executed or first executed** after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in [1][India] when such instrument was executed or, where several persons executed the instrument at different times, first executed: (7) “Cheque”. — “cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand: 2* - - - - (9) “Collector” . — “Collector” — (a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district, and (b) includes a Deputy Commissioner and any officer whom [3][the [4][State Government]] may, by notification in the Official Gazette, appoint in this behalf: (10) “Conveyance”. — “conveyance” includes a conveyance on sale every instrument by which property, whether moveable or immovable, is transferred _inter vivos and which is not otherwise_ specifically provided for by schedule I: (11) “Duly stamped”. — “duly stamped”, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in [1][India]: (12) “Executed” and “execution”. — “executed” and “execution” used with reference to instruments, mean “signed” and “signature”: 1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 2. Clause (8) omitted by the A.O. 1937. 3. Subs. by the A.O. 1937, for “the L.G.”. 4. Subs. by the A.O. 1950, for “collecting Government”. ----- 1* - - - - (13) “Impressed stamp”. — “impressed stamp” includes— (a) labels affixed and impressed by the proper officer, and (b) stamps embossed or engraved on stamped paper: 2[(13A) “India”. — “India” means the territory of India excluding the State of Jammu and Kashmir:] (14) “Instrument”.— “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded: (15) “Instrument of partition”.— “instrument of partition” means any instrument where by coowners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition: (16) “Lease”. — “lease” means a lease of immovable property, and includes also— (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property; (c) any instrument by which tolls of any description are let; (d) any writing on an application for a lease intended to signify that the application is granted; [3][(16A) “Marketable security”. — “marketable security” means a security of such a description as to be capable of being sold in any stock market in [4][India] or in the United Kingdom:] (17) “Mortgage-deed”. — “mortgage-deed” includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property: (18) “Paper”. — “paper” includes vellum, parchment or any other material on which an instrument may be written: (19) “Policy of insurance”. — “policy of insurance” includes— (a) any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event; (b) a life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance; [5]*** [6]* - - - 2[(19A) “Policy of group insurance”. — “policy of group insurance” means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined 1. Clause (12A) omitted by the A.O. 1950. Earlier ins. by the A.O. 1937. 2. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956). 3. Ins. by Act 15 of 1904, s. 2. 4. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 5. The word “and” omitted by Act 5 of 1906, s. 2. 6. Clause (c) omitted by s. 2, ibid. ----- by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection :] (20) “Policy of sea-insurance” or “sea-policy”. — “Policy of sea-insurance” or “sea-policy”— (a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel, and (b) includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance: Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance: (21) “Power-of-attorney”.— “power-of-attorney” includes any instrument (not chargeable with a fee under the law relating to Court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it: (22) “Promissory note”.— “promissory note” means a promissory note as defined by the Negotiable Instruments Act, 1881 (XXVI of 1881): It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen: (23) “Receipt”. — “receipt” includes any note, memorandum or writing— (a) whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or (b) whereby any other moveable property is acknowledged to have been received in satisfaction of a debt, or (c) where by any debt or demand, or any part of debt or demand, is acknowledged to have been satisfied or discharged, or (d) which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person; [1]*** (24) “Settlement”. — “settlement” means any non-testamentary disposition, in writing, of moveable or immovable property made— (a) in consideration of marriage, (b) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or (c) for any religious or charitable purpose: 1. The word “and” omitted by Act 18 of 1928, s. 2 and the First Sch. ----- and includes an agreement in writing to make such a disposition [1][and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration trust or otherwise, the terms of any such disposition]; [2]*** [3][(25) “Soldier”. — “soldier” includes any person below the rank of non-commissioned officer who is enrolled under the [4]Indian Army Act, 1911 (8 of 1911).] [5][(26) “Stamp”. — “stamp” means any mark, seal or endorsement by any agency or person duly authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of duty chargeable under this Act.] CHAPTER II STAMP DUTIES A.—Of the liability of instruments to duty **3. Instruments chargeable with duty. —Subject to the provisions of this Act and the exemptions** contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefore respectively, that is to say— (a) every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in [6][India] on or after the first day of July, 1899; (b) every bill of exchange [7][payable otherwise than on demand] [8]*** or promissory note drawn or made out of [6][India] on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in [6][India]; and (c) every instrument (other than a bill of exchange, [8]***or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed out of [6][India] on or after that day, relates to any property situate, or to any matter or thing done or to be done, in 6[India] and is received in 6[India]: Provided that no duty shall be chargeable in respect of— (1) any instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act 1894, Act No. 57 & 58 Vict. c. 60 or under Act XIX of 1838 Act No. or the Indian Registration of Ships Act, 1841, (CX of 1841) as amended by subsequent Acts. **3A.** [Instruments chargeable with additional duty.] Omitted by the Refugee Relief Taxes (Abolition) _Act, 1973 (13 of 1973), s. 2_ (w.e.f. 1-4-1973). **4. Several instruments used in single transaction of sale, mortgage or settlement. — (1) Where,** in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one rupee instead of the duty (if any) prescribed for it in that Schedule. 1. Ins. by Act 15 of 1904, s. 2. 2. The word “and” omitted by the A.O. 1950. Earlier ins. by Act 18 of 1928, s. 2 and the First Sch. 3. Added by Act 1928 of 18, s. 2 and the First Sch., 4. See. Now the Army Act 1950 (46 of 1950). 5. Ins. by Act 23 of 2004, s. 117. 6. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 7. Ins. by Act 5 of 1927, s. 5. 8. The word “cheque” omitted by s. 5, ibid. ----- (2) The parties may determine for themselves which of the instrument so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument: Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed. **5. Instruments relating to several distinct matters.** — Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act. **6. Instruments coming within several descriptions in Schedule I. — Subject to the provisions of** the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties: Provided that nothing in this Act contained shall render chargeable with duty exceeding one rupee a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. **7. Policies of sea-insurance. —[1] *** - - - (4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time. **8. Bonds, debentures or other securities issued on loans under Act XI of 1879.** — (1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1879 (XI of 1879) or, of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of 2[one per centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped and shall not be chargeable with any further duty on renewal, consolidation, sub-division or otherwise. (2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not: Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when such duty has not already been paid or remitted by order issued by the Central Government. (3) In the case of willful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues. 1. Sub-sections (1), (2) and (3) rep. by Act 11 of 1963, s. 92 (w.e.f. 1-8-1963). 2. Subs. by Act 6 of 1910, s. 2 for “eight annas per centum”. ----- 1 **[8A. Securities dealt in depository not liable to stamp duty. — Notwithstanding anything** contained in this Act or any other law for the time being in force, — (a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue, be chargeable with duty on the total amount of security issued by it and such securities need not be stamped; (b) where an issuer issues certificate of security under sub-section (3) of section 14 of the Depositories Act, 1996 (22 of 1996), on such certificate duty shall be payable as is payable on the issue of duplicate certificate under this Act; (c) the transfer of— (i) registered ownership of securities from a person to a depository or from a depository to a beneficial owner; (ii) beneficial ownership of securities, dealt with by a depository; (iii) beneficial ownership of units, such units being units of a Mutual Fund including units of the Unit Trust of India established under sub-section (1) of section 3 of the Unit Trust of India Act, 1963 (52 of 1963), dealt with by a depository, shall not be liable to duty under this Act or any other law for the time being in force. _Explanation 1.—For the purposes of this section, the expressions “beneficial ownership”,_ “depository” and “issuer” shall have the meanings respectively assigned to them in clauses (a), (e) and (f) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996). _Explanation 2.—For the purposes of this section, the expression “securities” shall have the meaning_ assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). ] **2** **[8B. Corporatisation and demutualisation schemes and related instruments not liable to** **duty. —Notwithstanding anything contained in this Act or any other law for the time being in force, —** (a) a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or (b) any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the corporatisation or demutualisation, or both of a recognised stock exchange pursuant to a scheme, as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), shall not be liable to duty under this Act or any other law for the time being in force. _Explanation. —For the purposes of this section, —_ (a) the expressions “corporatisation”, “demutualisation” and “scheme” shall have the meanings respectively assigned to them in clauses (aa), (ab) and (ga) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (b) “Securities and Exchange Board of India” means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992).] 3 [8C. Negotiable warehouse receipts not liable to stamp duty.— Notwithstanding anything contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.] **4[8D. Agreement or document for assignment of receivables not liable to stamp duty.** — Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for assignment of “receivables” as defined in clause (p) of section 2 of the Factoring Regulation Act, 2011 in favour of any “factor” as defined in clause (i) of section 2 of the said Act shall not be liable to duty under this Act or any other law for the time being in force.] 1. Subs. by Act 10 of 2000, s. 118 (w.e.f. 12-5-2000). Earlier ins. by Act 22 of 1996, s. 30 and The Schedule (w.e.f. 20-9-1995). 2. Ins. by Act 18 of 2005, s.114 (w.e.f. 13-5-2005). 3. Ins by Act 37 of 2007, s. 55 (w.e.f. 25-10-2010). 4. Ins. by Act 12 of 2012, s. 35 and the Schedule (w.e.f. 1-2-2012). ----- **1[8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of** **shareholding of a bank to a holding company of bank not liable to duty. — Notwithstanding anything** contained in this Act or any other law for the time being in force, — (a) conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in force; or (b) any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or any other law for the time being in force. _Explanation._ — (i) For the purposes of this section, the expression “bank” means— (a) “a banking company” as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (b) “a corresponding new bank” as defined in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); (d) “a subsidiary bank” as defined in clause (A) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); (f) “a Co-operative Bank” as defined in clause (cci) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (g) “a multi-State co-operative bank” as defined in clause (cciiia) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (ii) For the purposes of this section, the expression the “Reserve Bank of India” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934).] **2[8F. Agreement or document for transfer or assignment of rights or interest in financial assets** **not liable to stamp duty.—** Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in favour of any asset reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be liable to duty under this Act.] **9. Power to reduce, remit or compound duties. — [3][(1)] [4][The [5]***Government] may, by rule or** order published in the Official Gazette, — (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of [6][the territories under its administration], the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and 1. Ins. by Act 4 of 2013, s. 17 and the Schedule (w.e.f. 17-1-2013). 2. Ins. by Act 44 of 2016, s. 43 and the First Schedule (w.e.f. 1-9-2016). 3. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950. 4. Subs. by the A.O. 1937, for “the G.G. in C”. 5. The word “collecting” omitted by the A.O. 1950. 6. Subs. by the A.O. 1937, for “British India”. ----- (b) provide for the composition or consolidation of duties [1][of policies of insurance and] in the case of issues by any incorporated company or other body corporate [2][or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bond or other marketable securities. 3[(2) In this section the expression “the Government” means, — (a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the [4][Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of sub-section (1)]; the Central Government; (b) Save as aforesaid, the State Government.] _B. —Of Stamps and the mode of using them_ **10. Duties how to be paid. — (1) Except as otherwise expressly provided in this Act, all duties with** which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps — (a) according to the provisions herein contained; or (b) when no such provision is applicable thereto-as the [5][State Government] may be rule direct. (2) The rules made under sub-section (1) may, among other matters, regulate, — (a) in the case of each kind of instrument-the description of stamps which may be used; (b) in the case of instruments stamped with impressed stamps-the number of stamps which may be used; (c) in the case of bills of exchange or promissory notes [6]*** the size of the paper on which they are written. **11. Use of adhesive stamps. — The following instruments may be stamped with adhesive stamps,** namely: — (a) instruments chargeable [7][with a duty not exceeding ten naye paise], except parts of bills of exchange payable otherwise than on demand and drawn in sets; (b) bills of exchange, [8]*** and promissory notes drawn or made out of [9][India]; (c) entry as an advocate, vakil or attorney on the roll of a High Court; (d) notarial acts; and (e) transfers by endorsement of shares in any incorporated company or other body corporate. **12. Cancellation of adhesive stamps** — (1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and (b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again. (2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped. (3)The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner. 1. Ins. by Act 23 of 2004, s. 117. 2. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994). 3. Added by the A.O. 1950. 4. Subs by Act 21 of 2006 s. 69, for “Seventh Schedule to the Constitution”. (w.e.f. 18-4-2006) 5. Subs. by the A.O. 1950, for “collecting Government”. 6. The words “written in any oriental language” omitted by Act 43 of 1955 s. 5 (w.e.f. 1-4-1956). 7. Subs. by Act 19 of 1958, s. 2, for “with the duty of one anna or half an anna” (w.e.f. 1-10-1958). 8. The word “cheques” omitted by Act 5 of 1927, s. 5. 9. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). ----- **13. Instruments stamped with impressed stamps how to be written. — Every instrument written** upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument. **14. Only one instrument to be on same stamp. —No second instrument chargeable with duty shall** be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby. **15. Instrument written contrary to section 13 or 14 deemed unstamped.—Every instrument** written in contravention of section 13 or section 14 shall be deemed to be unstamped. **16. Denoting duty. —Where the duty with which an instrument is chargeable, or its exemption from** duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first-mentioned instrument by endorsement under the hand of the Collector or in such other manner (if any) as the [1][State Government] may by rule prescribe. _C.— Of the time of stamping instruments_ **17. Instruments executed in India.** — All instruments chargeable with duty and executed by any person in [2][India] shall be stamped before or at the time of execution. **18. Instruments other than bills and notes executed out of India.—(1) Every instrument** chargeable with duty executed only out of [2][India], and not being a bill of exchange [3]*** or promissory note, may be stamped within three months after it has been first received in [2][India]. (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the [1][State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for. **19. Bills and notes drawn out of India.—The first holder in [2][India] of any bill of** exchange [4][payable otherwise than on demand], [3]*** or promissory note drawn or made out of [2][India] shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in [2][India], affix thereto the proper stamp and cancel the same: Provided that,— (a) if, at the time any such bill of exchange, [3]*** or note comes into the hands of any holder thereof in [2][India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12 and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled; (b) nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp. 1. Subs. by the A.O. 1950, for “collecting Government”. 2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 3. The word “cheque” omitted by Act 5 of 1927, s. 5. 4. Ins. by s. 5, ibid. ----- D.—Of valuations for duty **20. Conversion of amount expressed in foreign currencies.—(1) Where an instrument is** chargeable with ad valorem duty in respect of any money expressed in any currency other than that of 1[India] such duty shall be calculated on the value of such money in the currency of 1[India] according to the current rate of exchange on the day of the date of the instrument. (2) The Central Government may, from time to time, by notification in the Official Gazette, prescribe a rate of exchange for the conversion of British or any foreign currency into the currency of [1][India] for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the purposes of sub-section (1). **21. Stock and marketable securities how to be valued. —Where an instrument is chargeable with** ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument. **22. Effect of statement of rate of exchange or average price. —Where an instrument contains a** statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duly stamped. **23. Instruments reserving interest. —Where interest is expressly made payable by the terms of an** instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had not mention of interest been made therein. 2[23A. Certain instruments connected with mortgages of marketable securities to be chargeable **as agreements. — (1) Where an instrument (not being a promissory note or bill of exchange) —** (a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or (b) makes redeemable or qualifies a duly stamped transfer, intended as a security, of any marketable security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under [3][Article No. 5 (c)] of Schedule I. (2) A release or discharge of any such instrument shall only be chargeable with the like duty. ] **24. How transfer in consideration of debt, or subject to future payment, etc., to be charged. —** Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty: Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I. _Explanation. — In the case of a sale of property subject to a mortgage or other incumbrance, any_ unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale: Provided that where property subject to a mortgage is transferred to the mortgage, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. 1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 2. Ins. by Act 15 of 1904, s. 3. 3. Subs. by Act 1 of 1912, s. 3, for “Article No. 5(b)”. ----- _Illustrations_ (1) A owes B Rs. 1,000. A sells a property to B, the consideration being Rs. 500 and the release of the previous debt of Rs. 1,000. Stamp-duty is payable on Rs. 1,500. (2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid interest Rs 200. Stamp-duty is payable on Rs. 1,700. (3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house from A. Stamp-duty is payable on Rs. 10,000 less the amount of stamp-duty already paid for the mortgage. **25. Valuation in case of annuity, etc. —Where an instrument is executed to secure the payment of** an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,— (a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained—such total amount; (b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance—the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and (c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance — the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due. **26. Stamp where value of subject-matter is indeterminate. —Where the amount or value of the** subject-matter of any instrument chargeable with _ad valorem duty cannot be, or (in the case of an_ instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient: 1[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty, — (a) when the lease has been granted by or on behalf of [2][the Government], at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to [3][the Government] under the lease, or (b) when the lease has been granted by any other person, at twenty thousand rupees a year, and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:] Provided also that where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. **27. Facts affecting duty to be set forth in instrument. —The consideration (if any) and all other** facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it its chargeable, shall be fully and truly set forth therein. 1. Subs. by Act 15 of 1904, s. 4, for the proviso. 2. Subs. by the A.O. 1937, for “the secretary of State in Council”. 3. Subs., ibid., for “the said Secretary of State in Council”. ----- **28. Direction as to duty in case of certain conveyances. —** (1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with _ad valorem duty in respect of such distinct_ consideration. (2) Where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. (3) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser. (4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with _ad valorem duty in respect only of the_ consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchasers: Provided that the duty on such last-mentioned conveyance shall in no case be less than one rupee. (5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees. _E.—Duty by whom payable_ **29. Duties by whom payable. —In the absence of an agreement to the contrary, the expense of** providing the proper stamp shall be borne — (a) in the case of any instrument described in any of the following Articles of Schedule I, namely: — No. 2. (Administration Bond), [1][No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),] No. 13 (Bill of exchange), No. 15 (Bond), No. 16 (Bottomry Bond), No. 26 (Customs Bond), No. 27 (Debenture), No. 32 (Further charge), 1. Subs. by Act 15 of 1904, s. 5, for “No. 6. (Agreement to Mortgage)”. ----- No. 34 (Indemnity-Bond), No. 40 (Mortgage-deed), No. 49 (Promissory-note), No. 55 (Release), No. 56 (Respondentia Bond), No. 57 (Security-bond or Mortgage-deed), No. 58 (Settlement), No. 62 (a). (Transfer of shares in an incorporated Company or other body corporate), No. 62 (b). (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8), No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance), by the person drawing, making or executing such instrument: 1[(b) in the case of a policy of insurance other than fire-insurance—by the person effecting the insurance, (bb) in the case of a policy of fire-insurance— by the person issuing the policy;] (c) in the case of a conveyance (including are-conveyance of mortgaged property:) by the grantee: in the case of a lease or agreement to lease—by the lessee or intended lessee: (d) in the case of a counterpart of a lease—by the less or: (e) in the case of an instrument of exchange—by the parties in equal shares, (f) in the case of a certificate of sale—by the purchaser of the property to which such certificate relates: and, (g) in the case of an instrument of partition—by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs. **30. Obligation to give receipt in certain cases. —** Any person receiving any money exceeding twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any moveable property exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same. 2[Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.] CHAPTER III ADJUDICATION AS TO STAMPS **31. Adjudication as to proper stamp. —(1) When any instrument, whether executed or not and** whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than [3][fifty naye paise]) as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable. 1. Subs. by Act 5 of 1906, s. 4, for clause (b). 2. Added by s. 5, ibid. 3. Subs. by Act 19 of 1958, s. 3, for “eight annas” (w.e.f. 1-10-1958). ----- (2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly: Provided that— (a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and (b) every person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. **32. Certificate by Collector. — (1) When an instrument brought to the Collector under section 31 is,** in his opinion, one of a description chargeable with duty, and (a) the Collector determines that it is already fully stamped, or (b) the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. (2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. (3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: Provided that nothing in this section shall authorize the Collector to endorse— (a) any instrument executed or first executed in [1][India] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be; (b) any instrument executed or first executed out of [1][India] and brought to him after the expiration of three months after it has been first received in [1][India]; or (c) any instrument chargeable [2][with a duty not exceeding ten naye paise], or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped. CHAPTER IV INSTRUMENTS NOT DULY STAMPED **33. Examination and impounding of instruments. — (1) Every person having by law or consent of** parties authority to receive evidence, and every person in charge of a pubic office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. 1. Subs. by Act 43 of 1955 s. 2 for “that States” (w.e.f. 1-4-1956). 2. Subs. by Act 19 of 1958, s. 4 for “with the Duty of one anna or half an anna” (w.e.f. 1-10-1958). ----- (2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him, in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in [1][India] when such instrument was executed or first executed: Provided that— (a) nothing herein contained shall be deemed to require any Magistrate of Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1989); (b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. (3) For the purposes of this section, in cases of doubt, — (a) [2][the [3][State Government]] may determine what offices shall be deemed to be public offices; and (b) [4][the [3][State Government]] may determine who shall be deemed to be persons in charge of public offices. **34. Special provision as to unstamped receipts.** **—Where any receipt chargeable [5][With a duty not** exceeding ten naye paise] is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duly stamped receipt to be substituted therefore. **35. Instruments not duly stamped inadmissible in evidence, etc. —** No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped : Provided that— (a) any such instrument [6][shall] be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion; (b) where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it; (c) Where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (d) nothing herein contained shall prevent the admission of any instrument in evidence in proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure 1898 (V of 1898); (e) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government, or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act. 1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 2. Subs. by the A.O. 1937, for “the G.G. in C.”. 3. Subs. by the A.O. 1950, for “collecting Government”. 4. Subs. by the A.O. 1937, for “the L.G.”. 5. Subs. by Act 19 of 1958, s. 5, for “with a duty of one anna” (w.e.f. 1-10-1958). 6. Subs. by Act 21 of 2006, s. 69, for “not being an instrument chargeable with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, shall, subject to all just exceptions,” ----- **36. Admission of instrument where not to be questioned. —Where an instrument has been** admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. **37. Admission of improperly stamped instruments. —** [1][The [2][State Government]] may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution. **38. Instruments impounded how dealt with. — (1) When the person impounding an instrument** under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. (2) In every other case, the person so impounding an instrument shall send it in original to the Collector. **39. Collector’s power to refund penalty paid under section 38, sub-section (1). — (1) When a** copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit, 3*** refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. (2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. **40. Collectors power to stamp instruments impounded. — (1) When the Collector impounds any** instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not being an instrument chargeable [4][with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, he shall adopt the following procedure: — (a) if he is of opinion that such instrument is duly stampeded or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be; (b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees; or, if he thinks fit, [5][an amount not exceeding] ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees: Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section. (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. (3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer. 1. Subs. by the A.O. 1937, for “the G.G. in C.”. 2. Subs. by the A. O. 1950, for “collecting Government”. 3. The words “upon application made to him in this behalf or, if no application is made, with the consent of the chief Controlling Revenue-authority” omitted by Act 4 of 1914, s. 2 and the Sch. Pt I. 4. Subs. by Act 19 of 1958, s. 6, for “with a duty of one anna or half an anna” (w.e.f. 1-10-1958). 5. Ins. by Act 15 of 1904, s. 6. ----- **41. Instruments unduly stamped by accident. — If any instrument chargeable with duty and not** duly stamped, not being an instrument chargeable [1][with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein after prescribed. **42. Endorsement of instruments on which duty has been paid under sections 35, 40 or 41—** (1) When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them. (2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct: Provided that— (a) no instrument which has been admitted in evidence upon payment of duty and a penalty under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate; (b) nothing in this section shall affect [2]the Code of Civil Procedure (XIV of 1882), section 144, clause 3. **43. Prosecution for offence against Stamp-law. — The taking of proceedings or the payment of a** penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the Stamp-law in respect of such instrument: Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty. **44. Persons paying duty or penalty may recover same in certain cases. —(1) When any duty or** penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid. (2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified. (3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable. 1. Subs. by Act 19 of 1958, s. 6 for “with a duty of one anna or half an anna” (w.e.f. 1-10-1958). 2. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order XIII, Rule 9. ----- **45. Power to Revenue-authority to refund penalty or excess duty in certain cases. — (1) Where** any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. (2) Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess. **46. Non-liability for loss of instruments sent under section 38. — (1) If any instrument sent to the** Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. (2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument. **47. Power of payer to stamp bills, and promissory notes received by him unstamped. — When** any bill of exchange [1][or promissory note] chargeable [2][with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to whom it is so presented, may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill [3][or note], and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill [3][or note], shall, so far as respects the duty, be deemed good and valid : Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill, [3][or note]. **48. Recovery of duties and penalties. — All duties, penalties and other sums required to be paid** under this Chapter may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land-revenue. CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES **49. Allowance for spoiled stamps.** — Subject to such rules as may be made by [4][the [5][State Government]] as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases herein after mentioned, namely: — (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person: (b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto: (c) in the case of bills of exchange [6][payable otherwise than on demand] [7]*** or promissory notes— 1. Subs. by Act 5 of 1927, s. 5, for “promissory note or cheque”. 2. Subs. by Act 19 of 1958, s. 7, for “with the duty of one anna” (w.e.f. 1-10-1958). 3. Subs. by Act 5 of 1927, s. 5, for “note or cheque”. 4. Subs. by the A.O. 1937, for “the L.G.”. 5. Subs. by the A.O. 1950, for “collecting Government”. 6. Ins. by Act 5 of 1927, s. 5. 7. The word “Cheques” omitted by s. 5, ibid. ----- (1) the stamp on [1][any such bill of exchange] [2]***signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance: provided that the paper on which any such stamp is impressed, does not bear any signature intended as or for the acceptance of any bill of exchange [2]*** to be afterwards written thereon: (2) the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands: (3) the stamp used or intended to be used for [1][any such bill of exchange] [3]*** or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange [2]*** may have been presented for acceptance or accepted or endorsed, or, being a promissory note, may have been delivered to the payee: provided that another completed and duly stamped bill of exchange [3]***or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill, [3]*** or note; (d) the stamp used for an instrument executed by any party thereto which— (1) has been afterwards found to be absolutely void in law from the beginning: (2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended: (3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed: (4) for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended: (5) by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose: (6) becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value: (7) is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value: (8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped: Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled. 1. Subs. by Act 5 of 1927, s. 5, for “any bill of exchange”. 2. The words “or cheque” omitted by s. 5, ibid. 3. The word “cheque” omitted by s. 5, ibid. ----- _Explanation.—The certificate of the Collector under section 32 that the full duty with which an_ instrument is chargeable, has been paid is an impressed stamp within the meaning of this section. **50. Application for relief under section 49 when to be made.—The application for relief under** section 49 shall be made within the following periods, that is to say, — (1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument: (2) in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled: (3) in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed: Provided that, — (a) when the spoiled instrument has been for sufficient reasons sent out of [1] [India], the application may be made within six months after it has been received back in [1][India] ; (b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument. **51. Allowance in case of printed forms no longer required by Corporations. —The Chief** Controlling Revenue-authority [2] [or the Collector if empowered by the Chief Controlling Revenueauthority in this behalf] may, without limit of time, make allowance for stamped papers used for printed forms of instruments [3][by any banker or] by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said [3][banker], company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid. **52. Allowance for misused stamps. —(a) When any person has inadvertently used for an instrument** chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or (b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. **53. Allowance for spoiled or misused stamps how to be made. — In any case in which allowance** is made for spoiled or misused stamps, the Collector may give in lieu thereof — (a) other stamps of the same description and value; or, 1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956). 2. Ins. by Act 4 of 1914, s. 2 and Sch. pt. 1. 3. Ins. by Act 5 of 1906, s. 6. ----- (b) if required and he thinks fit, stamps of any other description to the same amount in value; or, (c) at his discretion, the same value in money, deducting [1][ten naye paise] for each rupee or fraction of a rupee. **54. Allowance for stamps not required for use. — When any person is possessed of a stamp or** stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting [1][ten naye paise] for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction— (a) that such stamp or stamps were purchased by such person with a bona fide intention to use them; and (b) that he has paid the full price thereof; and (c) that they were so purchased within the period of six months next preceding the date on which they were so delivered: Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid. **2[54A. Allowances for stamps in denominations of annas. — Notwithstanding anything contained** in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906, (3 of 1906) upon such person delivering up, within six months from the commencement of the Indian Stamp (Amendment) Act,1958 (19 of 1958), such stamp or stamps to the Collector.] **3** **[54B. Allowances for Refugee Relief Stamps.** — Notwithstanding anything contained in section 54, when any person is possessed of stamps bearing the inscription “Refugee Relief” (being stamps issued in pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall, upon such person delivering up, within six-month, from the commencement of the Refugee Relief Taxes (Abolition) Act, 1973 (13 of 1973), such stamps to the Collector, refund to such person the value of such stamps in money or give in lieu thereof other stamps of the same value: Provided that the State Government may, with a view to facilitating expeditious disposal of claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refunds.] **55. Allowance on renewal of certain debentures. —** When any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less: Provided that the original debenture is produced before the Collector and cancelled by him in such manner as [4][the State Government] may direct. _Explanation. — A debenture shall be deemed to be renewed in the same terms within the meaning of_ this section notwithstanding the following changes:— (a) the issue of two or more debentures in place of one original debenture, the total amount secured being the same; 1. Subs. by Act 19 of 1958, s. 8, for “one anna” (w.e.f. 1-10-1958) 2. Ins. by s. 9, ibid. (w.e.f. 1-10-1958). 3. Ins. by Act 13 of 1973, s. 2 (w.e.f. 1-4-1973). 4. Subs. by the A. O. 1937, for “the G.G. in C.”. ----- (b) the issue of one debenture in place of two or more original debentures, the total amount secured being the same; (c) the substitution of the name of the holder at the time of renewal for the name of the original holder; and (d) the alteration of the rate of interest or the dates of payment thereof. CHAPTER VI REFERENCE AND REVISION **56. Control of, and statement of case to, Chief Controlling Revenue-authority. — (1) The** powers exercisable by a Collector under Chapter IV and Chapter V [1][and under clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the Chief Controlling Revenueauthority. (2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue-authority. (3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to asses and charge the duty (if any) in conformity with such decision. **57. Statement of case by Chief Controlling Revenue-authority to High Court. — (1) The Chief** Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or otherwise coming to its notice, and refer such case, with its own opinion thereon, — 2[(a) if it arises in a State, to the High Court for that State; [3][(b) if it arises in the Union territory of Delhi, to the High Court of Delhi;] 4* - - - [5][(c) if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;)] (d) if it arises in the Union territory of the Andaman and Nicobar Islands, to the High Court at Calcutta ; (e) if it arises in the Union territory of the [6][Lakshadweep], to the High Court of Kerala;] 7 [(ee) if it arises in the Union territory of Chandigarh, to the High Court of Punjab and Haryana;] 8[(f) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay.] 1. Ins. by Act 15 of 1904, s. 7. 2. Subs. by the A.O. (No. 2) 1956, for clauses (a) to (g). 3. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch. for clause (b) (w.e.f. 1-11-1966). 4. Clause (bb) ins. by s. 3 and Sch. ibid. And omitted by the state of Himachal Pradesh (Adaptation of Law on Union Subjects) Order, 1973, s. 3 and Sch. (w.e.f. 25-1-1971). 5. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on union Subjects) Order 1974, s. 3 and Sch. for clause (c) (w.e.f. 21-1-1972). 6. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, s. 3 and Sch. for “the Laccadive, Minicoy and Amindivi Islands” (w.e.f. 1-11-1973). 7. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch. (w.e.f. 1-11-1966). 8. Ins. by Reg. 6 of 1963, s. 2 and the First Sch. ----- (2) Every such case shall be decided by not less than three Judges of the High Court [1]*** to which it is referred, and in case of difference the opinion of the majority shall prevail. **58. Power of High Court to call for further particulars as to case stated. —** If the High Court 2*** is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf. **59. Procedure in disposing of case stated. — (1) The High Court, [2]*** upon the hearing of any such** case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded. (2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment. **60. Statement of case by other Courts to High Court. — (1) If any Court, other than a Court** mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court [2]*** to which, if he were the Chief Controlling Revenue-authority, he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment. (3) Reference made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior. **61. Revision of certain decisions of Courts regarding the sufficiency of stamps. —(1) When any** Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals lie form, or references are made by, such first-mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration. (2) If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. (3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument. (4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the Stamp-law which the Collector considers him to have committed in respect of such instrument: 1. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1950. 2. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1948. ----- Provided that. –– (a) no such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty; (b) except for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42. CHAPTER VII CRIMINAL OFFENCES AND PROCEDURE **62. Penalty for executing, etc., instrument not duly stamped. ––(1) Any person ––** (a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange [1][payable otherwise than on demand] [2]*** or promissory note without the same being duly stamped ; or (b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or (c) voting or attempting to vote under nay proxy not duly stamped; shall for every such offence be punishable with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. **63. Penalty for failure to cancel adhesive stamp. –– Any person required by section 12 to cancel an** adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall, be publishable with fine which may extend to one hundred rupees. **64. Penalty for omission to comply with provisions of section 27. –– Any person who, with intent** to defraud the Government, –– (a) executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth; or (b) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or (c) does any other act calculated to deprive the Government of any duty or penalty under this Act; shall be punishable with fine which may extend to five thousand rupees. **65. Penalty for refusal to give receipt, and for devices to evade duty on receipts. –– Any person** who,–– (a) being required under section 30 to give a receipt, refuses or neglects to give the same; or, 1. Ins by Act 5 of 1927, s. 5. 2. The word “cheque” omitted by s. 5, ibid. ----- (b) with intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered; shall be punishable with fine which may extend to one hundred rupees. **66. Penalty for not making out policy or making one not duly stamped. ––Any person who––** (a) receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or (b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy; shall be punishable with fine which may extend to two hundred rupees. **67. Penalty for not drawing full number of bills or marine policies purporting to be in sets. ––** Any person drawing or executing a bill of exchange [1][payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees. **68. Penalty for post-dating bills, and for other devices to defraud the revenue. ––Any person** who, –– (a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or, (b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiate the same; or, (c) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be punishable with fine which may extend to one thousand rupees. **69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale. ––(a) Any** person appointed to sell stamps who disobeys any rule made under section 74; and (b) any person not so appointed who sells or offers for sale any stamp (other than a [2][ten naye paise for five naye paise] adhesive stamp); shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. **70. Institution and conduct of prosecutions.–– (1) No prosecution in respect of any offence** punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the Collector or such other officer as [3] [the [4] [State Government]] generally, or the Collector specially, authorizes in that behalf. (2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence. (3) The amount of any such composition shall be recoverable in the manner provided by section 48. 1. Ins. by Act, 5 of 1927, s. 5. 2. Subs. by Act 19 of 1958, s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958). 3. Subs. by the A.O. 1937, for “the L.G.”. 4. Subs. by the A.O. 1950, for “collecting Government.” ----- **71. Jurisdiction of Magistrate. ––No Magistrate other than a Presidency Magistrate or a Magistrate** whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act. **72. Place of trial. ––** Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found, as well as in any district or presidencytown in which such offence might be tried under the Code of Criminal Procedure for the time being in force. CHAPTER VIII SUPPLEMENTAL PROVISIONS **73. Books, etc., to be open to inspection. –– Every public officer having in his custody any registers,** books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorized in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge. **74. Powers to make rules relating to sale of stamps. ––** The [1][State Government] [2]*** may make rules for regulating–– (a) the supply and sale of stamps an stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of [3][ten naye paise or five naya paise] adhesive stamps. **75. Power to make rules generally to carry out Act. ––The [1][State Government] may make rules to** carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof. **76. Publication of rules.** –– [4][(1) All rules made under this Act shall be published in the Official Gazette.] (2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act. [5][(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.] **[6][76A. Delegation of certain powers . –– [7][[8]*** The State Government may, by notification in the** Official Gazette], delegate–– (a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the Chief Controlling Revenue-authority; and 1. Subs. by the A.O. 1950, for “collecting Government”. 2. The words “Subject to the Control of the G.G. in C” omitted by the A.O.1937. 3. Subs. by Act 19 of 1958 s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958). 4. Subs. by the A.O. 1937, for sub-section (1). 5. Ins. by Act 4 of 2005, s. 2 and the Sch. 6. Ins. by Act 4 of 1914, s. 2 and the Sch. Pt. I. 7. Subs. by the A.O. 1937, for “The Local Government May, by notification in the Local Official Gazette”. 8. The words, figures and brackets “The Central Government Subject to the provision of section 124(1) of the Government of India Act, 1935, and” omitted by the A.O. 1950. ----- (b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45 (1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.] **77. Saving as to court-fees.** ––Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fee. **1[77A. Saving as to certain stamps.** ––All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this Act.] **78. Act to be translated, and sold cheaply. –– Every State Government shall make provision for the** sale of translations of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding [2][twenty-five naye paise] per copy. **79. [Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and schedule II.** 1. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958). 2. Subs. by s. 12, ibid., “four annas” (w.e.f. 1-10-1958). ----- SCHEDULE 1 STAMP-DUTY ON INSTRUMENTS (See section 3) Description of Instrument Proper Stamp-duty **1.** **ACKNOWLEDGMENT** of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker's pass-book) or on a separate piece of paper when such book or paper is left in the creditor's possession: provided that such acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property. **2.** **ADMINISTRATION-BOND, including a** bond given under section 256 of the Indian Succession Act, 1865 (X of 1865), section 6 of the Government Savings Banks Act, 1873 (V of 1873), section 78 of the Probate and Administration Act, 1881 (V of 1881), or section 9 or section 10 of the Succession Certificate Act, 1889 (VII of 1889) — (a) where the amount does not exceed Rs. 1,000 One anna The same duty as a Bond (No. 15) for such amount. (b) in any other case Five rupees. **3.** **ADOPTION-DEED, that is to say, any** instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt. **ADVOCATE. See ENTRY** AS AN ADVOCATE (No. 30). **4.** **AFFIDAVIT,** including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. _Exemptions_ Affidavit or declaration in writing when made— [1][(a) as a condition of enrolment under the [2]Indian Army Act, 1911 (8 of 1911), [3][or the [4]1ndian Air force Act, 1932 (14 of 1932)];] (b) for the immediate purpose of being filed or used in any court or before the officer of any court; or (c) for the sole purpose of enabling any person to receive any pension or charitable allowance. Ten rupees. One rupee. 1. Subs. by Act 18 of 1928, s. 2 and the First Sch., for cl. (a). 2. See now the Army Act, 1950 (46 of 1950). 3. Ins. by Act 14 of 1932, s. 130 and the Sch. 4. See now the Air Force Act, 1950 (45 of 1950). ----- Description of Instrument Proper Stamp-duty 1[5. AGREEMENT OR MEMORANDUM OF AN **AGREEMENT—** (a) if relating to the sale of a bill of exchange; (b) if relating to the sale of a Government security or share in an incorporated company or other body corporate; Two annas. Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the security or share. (c) if not otherwise provided for Eight annas. _Exemptions_ Agreement or memorandum of agreement— (a) for or relating to the sale of goods or merchandise exclusively, not being a NOTE OR MEMORANDUM chargeable under No. 43; (b) made in the form of tenders to the Central Government for or relating to any loan; [2]* * * * **AGREEMENT TO LEASE.** _See LEASE (No. 35)._ [3][6. AGREEMENT RELATING TO DEPO**SIT OF TITLE-DEEDS, PAWN OR PLEDGE,** that is to say, any instrument evidencing an agreement relating to — (1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security); or (2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt— (a) if such loan or debt is repayable on demand The same duty as a Bill of Exchange [No. 13 (b)] or more than three months from the date of the for the amount secured. instrument evidencing the agreement; (b) if such loan or debt is repayable not more Half the duty payable on a Bill of Exchange than three months from the date of such instruments. [No. 13 (b)] for the amount secured. _Exemption_ Instrument of pawn or pledge of goods if unattested.] **7.** **APPOINTMENT IN EXECUTION OF A** Fifteen rupees **POWER, whether of trustees or of property, movable** or immovable, where made by any writing not being a will. 1. Subs. by Act 6 of 1910, s.3, for article 5. 2. Clause (c) omitted by the A.O. 1950. 3. Subs. by Act 15 of 1904, s. 8, for Art. 6. ----- Description of Instrument Proper Stamp-duty **8. APPRAISEMENT OR VALUATION made** other wise than under an order of the Court in the course of a suit— (a) where the amount does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such amount. (b) in an other case……………………………. Five rupees. _Exemptions_ (a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. **9. APPRENTICESHIP-DEED, including every** Five rupees. writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP, (No. 11). _Exemption_ Instruments of apprenticeship executed by a Magistrate under the [1]Apprentices Act, 1850 (XIX of 1850), or by which a person is apprenticed by or at the charge of any public charity. **10. ARTICLES OF ASSOCIATION OF A** Twenty-five rupees. **COMPANY.** _Exemption_ Articles of any Association not formed for profit and registered under section 26 of the [2] Indian Companies Act, 1882 (VI of 1882). _See also_ MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39). **11. ARTICLES OF CLERKSHIP** or contract Two hundred and fifty rupees. where by any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. **ASSIGNMENT.** _See_ CONVEYANCE (No. 23; TRANSFER (No. 62), and TRANSFER OF LEASE (No. 63), as the case may be. **ATTORNEY.** _See_ ENTRY AS AN ATTORNEY (No. 30) and POWER OF ATTORNEY (No. 48). **AUTHORITY TO ADOPT. See ADOPTION-DEED** (No. 3). 1. See now the Apprentices Act, 1961 (52 of 1961). 2. See now the Companies Act, 1956 (1 of 1956). ----- Description of Instrument Proper Stamp-duty **12. AWARD, that is to say, any decision in** writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit— (a) where the amount or value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000; (b) in any other case………………………… _Exemption_ Award under the [1] Bombay District Municipal Act, 1873 (Born. Act VI of 1873), section 81, or the Bombay Hereditary Offices Act, 1874 (Born. Act (III of 1874), section 18. The same duty as a Bond (No. 15) for such amount. Five rupees **2** **[13. BILL OF EXCHANGE as defined by** s. 2(2), not being a Bond, bank-note or currencynote— (b) where payable otherwise than on demand— (i) where payable not more than three months after date or sight— if the amount of the bill or note does not exceed Rs. 500; Thirty paise. if it exceeds Rs. 500 but does not exceed Sixty paise. Rs. 1,000; and for every additional Rs. 1,000 or part thereof Sixty paise. in excess of Rs. 1,000; (ii) where payable more than three months but not more than six months after date or sight— if the amount of the bill or note does not Sixty paise. exceed Rs. 500; if it exceeds Rs. 500 but does not exceed Rs. 1,000; and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; (iii) where payable more than six months but not more than nine months after date or sight— if the amount of the bill or note does not exceed Rs. 500; One rupee twenty paise. One rupee twenty paise. Ninety paise. 1. See now the Bombay District Municipal Act, 1901 (Bom. Act 3 of 1901). 2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for articles 13 and 14. ----- Description of Instrument Proper Stamp duty if it exceeds Rs. 500 but does not exceed Rs. 1,000; and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; (iv) where payable more than nine months but not more than one year after date or sight— if the amount of the bill or note does not exceed Rs. 500; One rupee eighty paise. One rupee eighty paise. One rupee twenty five paise. if it exceeds Rs. 500 but does not exceed Two rupees fifty paise. Rs. 1,000; and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; (c) where payable at more than one year after date or sight— Two rupees fifty paise. if the amount of the bill or note does not exceed Rs. 500; Two rupees fifty paise. if it exceeds Rs. 500 but does not exceed Rs. 1,000; Five rupees. and for every additional Rs. 1,000 or part thereof in excess of Rs. 1,000; **14. BILL OF LADING (including a through bill of** lading). _Exemptions_ (a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 1889 (10 of 1889), and are to be delivered at another place within the limits of the same port. (b) Bill of lading when executed out of India and relating to property to be delivered in India. **15. BOND** [as defined by section 2 (5)] not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the Court-fees Act, 1870 (7 of 1870)— Five rupees. One rupee. _N.B.—If a bill of lading is drawn_ in parts, the proper stamp therefore must be borne by each one of the set.] where the amount or value secured does not exceed Rs. 10; Two annas. where it exceeds Rs. 10 and does not exceed Rs. 50; Four annas. ----- Description of Instrument Proper Stamp duty where it exceeds Rs. 50 and does not exceed Rs. 100 Eight annas. where it exceeds Rs. 100 and does not exceed Rs. 200 One rupee. where it exceeds Rs. 200 and does not exceed Rs. 300 One rupee eight annas. Two rupees. where it exceeds Rs. 300 and does not exceed Rs. 400 where it exceeds Rs. 400 and does not exceed Rs. 500 Two rupees eight annas. Three rupees. where it exceeds Rs. 500 and does not exceed Rs. 600 where it exceeds Rs. 600 and does not exceed Rs. 700 Three rupees eight annas. where it exceeds Rs. 700 and does not exceed Rs. 800 Four rupees. where it exceeds Rs. 800 and does not exceed Rs. 900 Four rupees eight annas. where it exceeds Rs. 900 and does not exceed Rs. 1,100 Five rupees. and for every Rs. 500 or part thereof in excess of Rs. 1,000 Two rupees eight annas. _See_ ADMINISTRATION BOND (No. 2) BOTTOMRY BOND (No. 16), CUSTOMS BOND (No. 26), INDEMNITY BOND (No. 34), RESPONDENTIA BOND (No. 56), SECURITY BOND (No. 57). _Exemptions_ Bond, when executed by— (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Ben. Act III of 1876), section 99, for the due performance of their duties under that Act; (b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specifed sum per mensem. **16. BOTTOMRY BOND, that is to say, any instrument** The same duty as a Bond where by the master of a sea-going ship borrows money on the (No. 15) for the same amount. security of the ship to enable him to preserve the ship or prosecute her voyage. **17. CANCELLATION—Instrument of (including any** Five rupees. instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. _See also Release (No. 55), Revocation of Settlement (No. 58-B),_ Surrender of Lease (No. 61), Revocation of Trust (No. 64-B). **18. CERTIFICATE OF SALE (in respect of each property** put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue-officer— (a) where the purchase-money does not exceed Rs. 10; Two annas. (b) where the purchase-money exceeds Rs. 10 but Four annas. does not exceed Rs. 25; (c) in any other case The same duty as a conveyance (No. 23) for a consideration equal to the amount of the purchasemoney only. ----- Description of Instrument Proper Stamp-duty **19. CERTIFICATE OR OTHER DOCUMENT** evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body. _See also LETTER OF ALLOTMENT OF SHARES (No. 36)._ **20. CHARTER-PARTY,** that is to say, any instrument (except agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not. 1 [Two anna]. One rupee. 2* * * * * **22. COMPOSITION-DEED, that is to say, any instrument executed by** a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors. **23. CONVEYANCE** [as defined by section 2 (10)] not being a Transfer charged or exempted under No. 62— Ten rupees. where the amount or value of the consideration for such Eight annas. conveyance as set forth therein does not exceed Rs. 50: where it exceeds Rs. 50 but does not exceed Rs. 100. Ditto 100 ditto 200 Two rupees. Ditto 200 ditto 300 Three rupees. Ditto 300 ditto 400 Four rupees. Ditto 400 ditto 500 Five rupees. Ditto 500 ditto 600 Six rupees. Ditto 600 ditto 700 Seven rupees. Ditto 700 ditto 800 Eight rupees. Ditto 800 ditto 900 Nine rupees. Ditto 900 ditto 1,000 Ten rupees. and for every Rs. 500 or part thereof in excess of Rs. 1,000 _Exemption_ 3[(a) Assignment of copyright by entry made under the 4Indian Copyright Act, 1847 (20 of 1847) section 5.] **[5][(b) for the purpose of this article, the portion of duty paid in respect of** a document falling under article No. 23A shall be excluded while computing the duty payable in respect of a corresponding document relating to the completion of the transaction in any Union territory under this article.] CO-PARTNERSHIP-DEED. See Partnership (No. 46.) 5[23A. **CONVEYANCE** **IN** **THE** **NATURE** **OF** **PART** **PERFORMANCE—Contracts for the transfer of immovable property in the** nature of part performance in any Union territory under section 53A of the Transfer of Property Act, 1882 (4 of 1882). One rupees. Five rupees. Ninety per cent. of the duty as a Conveyance (No. 23)] 1. Subs. by Act 43 of 1923 s. 2, for “One anna”. 2. Art. 21 omitted by Act 5 of 1927 s. 5. 3. Certain words and figure numbered as clause (a) thereof by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001). 4. See. now the Copyright Act, 1957 (14 of 1957.) 5. Ins. by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001). ----- Description of Instrument Proper Stamp-duty **24. COPY OR EXTRACT** certified to be a true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees— (i) if the original was not chargeable with duty or if the duty Eight annas. with which it was chargeable does not exceed one rupee; (ii) in any other case………………… One rupee. _Exemptions_ (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. 1[(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, [2][divorces,] deaths or burials]. **25. COUNTERPART OR DUPLICATE of any instrument** chargeable with duty and in respect of which the proper duty has been paid,— (a) if the duty with which the original instrument is The same duty as is payable on the chargeable does not exceed one rupee; original. (b) in any other case One rupee. _Exemption_ Counterpart of any lease granted to a cultivator, when such lease is exempted from duty. The same duty as a Bond (No. 15) **26. CUSTOMS BOND—** for such amount. (a) where the amount does not exceed Rs. 1,000; (b) in any other case ......................... Five rupees. 3[27. DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable— (a) by endorsement or by a separate instrument of transfer— where the amount or value does not exceed Rs. 10: Ten paise. where it exceeds Rs. 10 and does not exceed Rs. 50; Twenty paise. Ditto 50 ditto 100; Thirty five paise. Ditto 100 ditto 200; Seventy five paise. Ditto 200 ditto 300; One rupee ten paise. 1. Subs. by Act 5 of 1906, s. 7, for clauses (b) and (c). 2. Ins. by Act 10 of 1914, s. 2 and the First Sch. 3. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for article 27. ----- Description of Instrument Proper Stamp-duty Ditto 300 ditto 400; Ditto 400 ditto 500; Ditto 500 ditto 600; Ditto 600 ditto 700; Ditto 700 ditto 800; Ditto 800 ditto 900; Ditto 900 ditto 1,000; and for every Rs. 500 or part thereof in excess of Rs. 1,000; (b) by delivery— One rupee fifty paise. One rupee eighty five paise. Two rupees twenty five paise Two rupees sixty paise. Three rupees. Three rupees forty paise. Three rupees seventy five paise. One rupee eighty five paise. where the amount or value of the consideration for such debenture as Thirty five paise. set forth therein does not exceed Rs. 50; here it exceeds Rs. 50 but does not exceed Rs. 100 Ditto 100 ditto 200 Ditto 200 ditto 300 Ditto 300 ditto 400 Ditto 400 ditto 500 Ditto 500 ditto 600 Ditto 600 ditto 700 Ditto 700 ditto 800 Ditto 800 ditto 900 Ditto 900 ditto 1,000 and for every Rs. 500 or part thereof in excess of Rs. 1,000. _Explanation.—The_ term “Debenture” includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty. _Exemption_ A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders: Provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed. _See also BOND (NO. 15): and sections 8 and 55._ **DECLATAION** **OF ANY TRUST.** _See TRUST (No. 64)_ **28. DELIVERY ORDER IN RESPECT OF GOODS, that is to** say, any instrument entitling any person therein named, or his assigns, or the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees. Seventy five paise. One rupee fifty paise. Two rupees twenty five paise. Three rupees. Three rupees seventy five paise. Four rupees fifty paise. Five rupees twenty five paise. Six rupees. Six rupees seventy five paise. Seven rupees fifty paise. Three rupees seventy five paise. ] One anna. ----- Description of Instrument Proper Stamp-duty **DEPOSIT** **OF** **TITLE-DEEDS** [1] [SEE AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (NO. 6)]. **DISSOLUTION OF PARTNERSHIP** _See PARTNERSHIP_ (No. 46). **29. DIVORCE.—Instrument of, that is to say, any instrument** by which any person effects the dissolution of his marriage. One rupee. **DOWER—Instrument of See SETTLEMENT (No. 58).** **DUPLICATE. See COUNTERPART (No. 25).** **30. ENTRY AS AN ADVOCATE, VAKIL OR** **ATTORNEY ON THE ROLL OF ANY HIGH COURT** 2[under the Indian Bar Councils Act, 1926 (38 of 1926) or] in exercise of powers conferred on such court by Letters patent or by the [3]Legal Practitioners Act, 1884 (9 of 1884)— (a) in the case of an Advocate or Vakil………. (b) in the case of an Attorney…….. _Exemption_ Five hundred rupees. Two hundred and fifty rupees. entry of an advocate, vakil or attornery on the roll of any High court when he has previously been enrolled in a High Court. 4* * * * * **31. EXCHANGE OF PROPERTY.—Instrument of.** **EXTRACT.** _See Copy (No. 24)._ **32. FURTHER CHARGE.—Instrument of, that is to** say, any instrument imposing a further charge on mortgaged property— (a) when the original mortgage is one of the description referred to in clause _(a)_ of Article No. 40 (that is, with possession); (b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession)— (i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument; The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument. The same duty as a Conveyance (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further chage already made) less the duty already paid on such original mortgage and further charge. 1. Subs. by Act 15 of 1904, s. 8, for “See Agreement by way of Equitable Mortgage (No. 6)”. 2. Ins. by Act 38 of 1926, s. 19 and the Sch. 3. Since repealed. 4. The entry “EQUITABLE MORTGAGE” omitted by Act 15 of 1904, s. 8. ----- Proper Stamp-duty Description of Instrument (ii) if possession is not so given **33. GIFT.—Instrument of, not being a SETTLEMENT** (No. 58) or will or TRANSFER (No. 62) **HIRING AGREEMENT or agreement for service.** SEE AGREEMENT No.5). **34. INDEMNITY-BOND** **INSPECTORSHIP-DEED** _See COMPOSITION-DEED_ (No. 22) INSURANCE. See POLICY OF INSURANCE (No. 47). **35. LEASE, including an under-lease or sub-lease and** any agreement to let or sub-let— (a) whereby such lease the rent is fixed and no premium is paid or delivered— (i) where the lease purports to be for a term of less than one year; (ii) where the lease. purports to be for a term of not less than one year but not more than three years; (iii) where the lease purports to be for a term in excess of three years; (iv) where the lease does not purport to be for any definite term; (v) where the lease purports to be in perpetuity. The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument. The same duty as a Conveyance (No. 23) for a consideration equal to the value of the property, as set forth in such instrument. The same duty as a Security Bond (No. 57) for the same amount. The same duty as a Bond (No.15) for the whole amount payable or deliverable under such lease. The same duty as Bond (No. 15) for the amount or value of the average annual rent reserved. The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. The same duty as a Conveyance (No. 23) for a consideration equal to one-fifth of the whole amount of rents which would be paid or delivered in respect the first fifty years of the lease. ----- Description of Instrument Proper Stamp-duty (b) where the lease is granted for a fine or premium The same duty as a Conveyance (No. 23) or for money advanced and where no rent is reserved. for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease. (c) where the lease is granted for a fine or premium The same duty as a Conveyance (No. 23) or for money advanced in addition to rent reserved. for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered: Provided that, in any case when an agreement to lease is stamped with the _ad_ _valorem_ stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed eight annas. _Exemptions_ (a) Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. 1* * * * * **36. LETTER OF ALLOTMENT OF SHARES** 2 [Two annas], in any company or proposed company, or in respect of any loan to be raised by company any or proposed company. _See also Certificate or other Document (No. 19)_ **3[37. LETTER OF CREDIT,** that is to say One rupee.] any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn. **LETTER OF GUARANTEE, See AGREEMENT (No. 5).** **38. LETTER OF LICENCE,** that is to say, Ten rupees. any agreement between a debtor and his creditors that the letter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. **39. MEMORANDUM OF ASSOCIATION OF A** **COMPANY—** (a) if accompanied by articles of association under Fifteen rupees. section 37 of the [4] Indian Companies Act, 1882 (6 of 1882); (b) if not so accompanied Forty rupees. 1. Exemption (b) omitted by the A.O. 1937. 2. Subs. by Act 43 of 1923, s. 2, for “one anna”. 3. Subs. by notification No. S.O.. 130 (E), dated 28-1-2004, for article 37. 4. See now the Companies Act, 1956 (1 of 1956). ----- Description of Instrument Proper Stamp-duty _Exemption_ Memorandum of any association not formed for profit and registered under section 26 of the [1]Indian Companies Act, 1882 (6 of 1882). **40. MORTGAGE-DEED, not being [2][an AGREEMENT** RELATING-TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (NO. 6)], BOTTOMRY BOND (NO. 16), MORTGAGE OF A CROP (NO. 41), RESPONDENTIA BOND (No. 56), OR SECURITY BOND (NO. 57)— (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; (b) when [3]***possession is not given or agreed to be given as aforesaid; _Explanation.—A_ mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this Article. (c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the abovementioned purpose where the principal or primary security is duly stamped— for every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. _Exemptions_ (1) Instruments, executed by person taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loan Act, 1884 (XII of 1884), or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a bill of exchange. The same duty as a Conveyance (No. 23) for a consideration equal to the amount secured by such deed. The same duty as a Bond (No. 15) for the amount secured by such deed. Eight annas. Eight annas. 4 * * * - * **41. MORTGAGE OF A CROP,** including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage— (a) when the loan is repayable not more than three months from the date of the instrument— for every sum secured not exceeding Rs. 200 One anna. and for every Rs. 200 or part thereof secured in One anna. excess of Rs. 200; 1. See now the Companies Act, 1956 (1 of 1956). 2. Subs. by Act 15 of 1904, s. 8, for “AN AGREEMENT TO MORTGAGE (NO. 6)”. 3. The words “At the time of execution” omitted by s. 8, ibid. 4. Exemption (3) omitted by s. 8, ibid. ----- Description of Instrument Proper Stamp-duty (b) when the loan is repayable more than three months, but not more than [1][eighteen months], from the date of the instrument— for every sum secured not exceeding Rs. 100 and for 2[Two annas.] every Rs. 100 or part thereof secured in excess of Rs. 2[Two annas] 100. **42. NOTARIAL ACT,** that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a PROTEST (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. _See also PROTEST OF BILL OR NOTE (No. 50)._ **3[43 NOTE OR MEMORANDUM,** sent by a Broker or agent to his principal intimating the purchase or sale on account of such principal— One rupee. (a) of any goods exceeding in value twenty rupees; Two annas. (b) of any stock or marketable security exceeding in Subject to a maximum of ten rupees, one value twenty rupees; anna for every Rs. 10,000 or part thereof the value of the stock or security.] **44. NOTE OF PROTEST BY THE MASTER OF** **A SHIP.** _See also PROTEST_ BY THE MASTER OF A SHIP (No. 51). **ORDER FOR THE PAYMENT OF MONEY.** _See BILL_ OF EXCHANGE (No. 13). **45. PARTITION— Instrument of [as defined by** s. 2 (15)] 1. Subs. by Act 5 of 1906, s. 7, for “one year” 2. Subs. by Act 15 of 1904, s. 8, for “Four annas”. 3. Subs. by Act 6 of 1910, s. 3, for article 43. Eight annas. The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property. _N.B.—The largest share remaining after_ the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated: Provided always that— (a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than eight annas; ----- Description of Instrument Proper Stamp-duty (b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue; (c) where a final order for effecting a partition passed by any Revenue-authority or any Civil-Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed eight annas. **46. PARTNERSHIP—** **A—INSTRUMENT OF—** # (a) where the capital of the partnership does not Two rupees eight annas. exceed Rs. 500; (b ) in any other case…………………… Ten rupees. B.—DISSOLUTION OF………………………… Five rupees. 1[PAWN OR PLEDGE. see AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS. PAWN OR PLEDGE (NO. 6).] **2[47. POLICY OF INSURANCE—** **A.—SEA INSURANCE [see section 7 of Indian Stamp Act, 1899 (2** If drawn If drawn in duplicate, of 1899)] singly for each part (1) for or upon any voyage— (i) where the premium or consideration does not Five paise. Five paise. exceed the rate of one-eighth per centum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of Five paise. Five paise. one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy; 1. Ins. by Act 15 of 1904, s. 8. 2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for article 47. |2|Col2| |---|---| |2[47. POLICY OF INSURANCE— If drawn A.—SEA INSURANCE [see section 7 of Indian Stamp Act, 1899 (2 singly of 1899)] (1) for or upon any voyage— (i) where the premium or consideration does not Five paise. exceed the rate of one-eighth per centum of the amount insured by the policy; (ii) in any other case, in respect of every full sum of Five paise. one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy;|If drawn in duplicate, for each part| ||Five paise.| ||Five paise.| ----- Description of Instrument Proper Stamp-duty (2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy— where the insurance shall be made for any time Ten paise. Five paise. not exceeding six months; where the insurance shall be made for any time Ten paise. Five paise. exceeding six months and not exceeding twelve months. B.—FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN THIS ARTICLE, COVERING GOODS, MERCHANDISE, PERSONAL EFFECTS, CROPS AND OTHER PROPERTY AGAINST LOSS OR DAMAGE — (1) in respect of an original policy— (i) when the sum insured does not exceed Twenty five paise. Rs. 5,000; (ii) in any other case; and Fifty paise. |(2) for time— (iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy— where the insurance shall be made for any time Ten paise. not exceeding six months; where the insurance shall be made for any time Ten paise. exceeding six months and not exceeding twelve months.|Col2| |---|---| ||Five paise.| ||Five paise.| (2) in respect of each receipt for any payment of a premium on any renewal of an original policy. C.—ACCIDENT AND SICKNESS INSURANCE— One-half of duty payable in respect of the original policy in addition to the amount if any, chargeable under No. 53. (a) against railway accident, valid for a single Five paise. journey only. _Exemption_ When issued to a passenger travelling by the intermediate or the third class in any railway; (b) in any other case—for the maximum amount Ten paise: which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000, and also where such amount exceeds Provided that, in case of a policy of Rs. 1,000, for every Rs. 1,000 or part thereof. insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000, the duty on such instrument shall be five paise for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it. ----- Description of Instrument Proper Stamp-duty CC.—INSURANCE BY WAY OF INDEMENITY against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs. 100 or part thereof payable as premium. D.—LIFE INSURANCE OR GROUP INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such a **RE-INSURANCE,** as is described in Division E of this article— Five paise. (i) for every sum insured not exceeding Rs. 250; Ten paise. Five paise. (ii) for every sum insured exceeding Rs. 250 but not Ten paise Five paise. exceeding Rs. 500; (iii) for every sum insured exceeding Rs. 500 but not Twenty paise . Ten paise. exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000. _N.B.—If a policy of group insurance is_ renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured. _Exemption_ Polices of life-insurance granted by the DirectorGeneral of Post Offices in accordance with rules for Postal Life-Insurance issued under the authority of the Central Government. |If drawn singly|If drawn in duplicate for each part.| |---|---| |Ten paise.|Five paise.| |Ten paise|Five paise.| |Twenty paise .|Ten paise.| E.—RE-INSURANCE BY AN INSURANCE COMPANY, which has granted a POLICY of the nature specified in Division A or Division B of this Article, with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby. One-quarter of the duty payable in respect of the original insurance but not less than five paise or more than fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of five paise. ----- Description of Instrument Proper Stamp-duty _General Exemption_ Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned.] **48. POWER-OF-ATTORNEY** [as defined by section 2(21)], not being a PROXY (No. 52),— (a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (XV of 1882); (c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); (d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally; (e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; (f) when given for consideration and authorizing the attorney to sell any immovable property; (g) in any other case…………………… _Explanation.—For_ the purposes of this Article more persons than one when belonging to the same firm shall be deemed to be one person. 2[49. PROMISSORY NOTE [as defined by section 2(22)] when payable on demand— (i) when the amount or value does not exceed Rs. 250; Eight annas. Eight annas. One rupee. Five rupees. Ten rupees. The same duty as a Conveyance (No. 23) for the amount of the consideration. One rupees for each person authorized. _N.B.—The_ term “registration” includes every operation incidental to registration under the [1] Indian Registeration Act, 1877 (III of 1877). Five paise. 1. See now the Indian Registration Act, 1908 (16 of 1908). 2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for article 49. ----- Description of Instrument Proper Stamp-duty (ii) when the amount or value exceeds Rs. 250 Ten paise. but does not exceed Rs. 1,000; (iii) in any other case Fifteen paise. (b) when payable otherwise than on demand. **50.** **PROTEST OF BILL OR NOTE, that is to say,** any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a bill of exchange or promissory note. **51. PROTEST BY THE MASTER OF A SHIP,** that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Publicor other person lawfully acting as such, _See also_ NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). **1[52. PROXY empowering any person to vote at any** one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) proprietors, members or contributors to the funds of any institution. **53.** **RECEIPT [as defined by section 2(23)] for any** money or other property the amount or value of which exceeds [2][five thousand rupees.] _Exemptions_ Receipt— The same duty as a Bill of Exchange (No. 13) for the same amount payable otherwise than on demand.] One rupee. One rupee. Fifteen paise.] 3[One rupee] (a) endorsed on or contained in any instrument duly stamped [3][or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the Government) [4][or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration-money therein expressed, or the receipt of any principal-money, interest or annuity, or other periodical payment thereby secured; (b) for any payment of money without consideration; 1. Subs. by notification No. S.O. 130 (E), dated 28-1-2004, for article 52. 2. Subs. by Act 23 of 2004, s. 117, for “five hundred rupees”. 3. Subs. by Act 18 of 1928, s. 2 and the First Sch., for “or exempted”. 4. Ins. by s. 2 and the First Sch., ibid. ----- Description of Instrument Proper Stamp-duty (c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or 1[in the States of Madras, Bombay and Andhra] 2[as they existed immediately before the 1st November, 1956] of inam lands; (d) for pay or allowances by non-commissioned [3][or petty], officers, [4] [soldiers, [3][sailors] or airmen] of [5] [ [6] [the Indian] military, [3][naval] or air forces], when serving in such capacity, or by mounted police-constables; (e) given by holders of family-certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned [3][or petty] officers [4][soldier, [3][sailor] or airmen] of [7][any of the said forces], and serving in such capacity; (f) for pensions or allowances by persons receiving such pensions or allowances in respect of their service as such non-commissioned [3][or petty] officer, [4][soldiers, 3[sailors] or airmen] and not serving the Government in any other capacity; (g) given by a headman or lambardar for landrevenue or taxes collected by him; (h) given for money or securities for money deposited in the hands of any banker, to be accounted for: Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: Provided also that this exemption shall not extend to a receipt or acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any script or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. 1. Subs. by the Andhra (Adaptation of Law on Union Subjects) Order, 1954, for “In the Presidencies of Fort St. George and Bombay” (w.e.f. 1-10-1953). 2. Ins. by the Adaptation of Laws (No. 2) Order, 1956. 3. Ins. by Act 35 of 1934, s. 2 and the Sch. 4. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or soldiers”. 5. Subs. by s. 2 and the First Sch., ibid., for “Her Majesty’s Army or Her Majesty’s Indian Army”. 6. Subs. by the A.O. 1950, for “His Majesty’s”. 7. Subs. by s. 2, and the First Sch., ibid., for “either of the said Armies”. ----- Description of Instrument Proper Stamp-duty 1 [SEE ALSO POLICY OF INSURANCE [NO. 47-B (2).] **54. RECONVEYANCE OF MORTGAGED** **PROPERTY—** (a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000; (b) in any other case; **55. RELEASE, that is to say, any instruments [2][(not** being such a release as is provided for by section 23A)] whereby a person renounces a claim upon another person or against any specified property— (a) if the amount or value of the claim does not exceed Rs. 1,000; (b) in any other case……………………. **56. RESPONDENTIA BOND, that is to say, any** instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. **REVOCATION OF ANY TRUST OR SETTLEMENT.** The same duty as a conveyance (No. 23) for the amount of such consideration as set forth in the Reconveyance. Ten Rupees. The same duty as a Bond (No. 15) for such amount or value as set forth in the Release. Five rupees. The same duty as a Bond (No. 15) for the amount of the loan secured. _See_ SETTLEMENT (No. 58); TRUST (No. 64) **57. SECURITY BOND OR MORTGAGE-DEED,** executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract,— (a) when the amount secured does not exceed The same duty as a Bond (No. 15) for the Rs. 1,000; amount secured. (b) in any other case…………………………….. Five rupees. _Exemptions_ Bond or other instrument, when executed— (a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Ben. Act III of 1876), section 99, for the due performance of their duties under that Act; (b) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; 1. Ins. by Act 5 of 1906, s. 7. 2. Ins. by Act 15 of 1904, s. 8. ----- Description of Instrument Proper Stamp-duty (c) under No. 3A of the rules made by the [1][ State Government] under section 70 of the Bombay Irrigation Act, 1879) (Bom. Act V of 1879); (d) executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists’ Loan Act, 1884 (XII of 1884), or by their sureties, as security for the repayment of such advances; (e) executed by officers of [2][the [3][Government]] or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof. **58. SETTLEMENT—** A.—INSTRUMENT OF, (including a deed of dower). _Exemptions_ (a) Deed of dower executed on the occasion of a marriage between Muhammadans. The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property settled as set forth in such settlement: Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed eight annas. 4* * * - * B.— REVOCATION OF— _See_ _also TRUST (No. 64)._ **59. SHARE WARRANTS to bearer issued under** the [5]Indian Companies Act, 1882 (VI of 1882). The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocation but not exceeding ten rupees. 6 [One and a half times] the duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. 1. Subs. by the A.O. 1937, for “Governor of Bombay in Council”. 2. Subs. ibid., for “Government”. 3. Subs. by the A.O. 1950, for “Corwn”. 4. Exemption (b) omitted by the A.O. 1937. 5. See now the Companies Act, 1956 (1 of 1956). 6. Subs. by Act 6 of 1910, s. 3, for “Three-quarters of”. ----- Description of Instrument Proper Stamp-duty _Exemptions_ Share warrant when issued by a company in pursuance of the [1]Indian Companies Act, 1882 (VI of 1882), section 30, to have effect only upon payment, as composition for that duty, to the Collector or Stamprevenue, of— (a) [2] [one and a half] per centum of the whole subscribed capital of the company, or (b) if any company which has paid the said duty or composition in full, subsequently issues an Addition to its subscribed capital— [2][one and a half] per centum of the additional capital so issued. **SCRIP, See CERTIFICATE (No. 19).** **60. SHIPPING ORDER for or relating to the** One anna. conveyance of goods on board of any vessel **61. SURRENDER OF LEASE—** (a) when the duty with which the lease is chargeable does not exceed five rupees; The duty with which such lease is chargeable. (b) in any other case………………….. Five rupees. _Exemptions_ Surrender of lease, when such lease is exempted from duty. **3 [62. TRANSFER (whether with or without** consideration)— (a) of shares in an incorporated company or Twenty five paise for every hundred other body corporate; rupees or part thereof of the value of the share: Provided that rates of stamp duty specified in column (2) on Bills of Exchange for items (b) and (c) in Article 13 and on promissory note for item (b) of Article 49 shall not apply to usance bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, Industrial Development Bank of India, State Financial Corporations, Commercial Banks and Cooperative Banks for (a) _bona fide commercial or trade_ transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule I of the Indian Stamp Act, 1899 (2 of 1899). _Explanation 1.— For the purposes of the proviso—_ (a) the expression “agricultural operations” includes animal husbandry and allied activities jointly undertaken with agricultural operation; (b) “crops” include products of agricultural operations; (c) the expression “marketing of crops” includes the processing of crops prior to marketing by agricultural producers or any organization of such producers. _Explanation 2.— The duty chargeable shall, wherever necessary, be rounded off to the next five_ paise.] (b) of debentures, being marketable securities, 4 [One-half] of the duty payable on a whether the debenture is liable to duty or not, except conveyance (No. 23) for a consideration debentures provided for by section 8; equal to the face amount of the debenture. 1. See now the Companies Act, 1956 (1 of 1956). 2. Subs. by Act 6 of 1910, s. 3, for “three-quarters of”. 3. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for article 62. 4. Subs. by Act 6 of 1910, s. 3, for “One-quarter”. ----- Description of Instrument Proper Stamp-duty (c) of any interest secured by a bond, mortgage-deed or policy of insurance,— (i) if the duty on such bond, mortgage-deed or policy does not exceed five rupees. The duty with which such bond, mortgage-deed or policy of insurance is chargeable. (ii) in any other case……………….. Five rupees. (d) of any property under the [1] Administrator Ten rupees. General’s Act, 1874 (2 of 1874), section 3 I ; (e) of any trust-property without consideration from Five rupees or such smaller amount as one trustee to another trustee or from a trustee to a may be chargeable under clauses (a) to beneficiary. (c) of this Article. _Exemptions_ Transfers by endorsement— (a) of a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the Central Government. _See_ _also section 8._ **63. TRANSFER OF LEASE by way or** The same duty as a Conveyance (No. 23) assignment and not by way of under-lease. for a consideration equal to the amount of the consideration for the transfer. _Exemption_ Transfers of any lease exempt from duty. **64. TRUST—** A. — DECLARATION OF—of, or concerning, any The same duty as a Bond (No. 15) for a property when made by any writing not being a WILL. sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding fifteen rupees. B.— REVOCATION OF—of, or concerning, any The same duty as a Bond (No. 15) for a property when made by any instrument other than a sum equal to the amount or value of the WILL. property concerned as set forth in the instrument but not exceeding ten rupees. _See also SETTLEMENT (No. 58)._ **VALUATION, See APPRAISEMENT (No. 8).** **VAKIL, See ENTRY AS A VAKIL (No. 30).** **65. WARRANT FOR GOODS, that is to say,** Four annas. any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be. SCHEDULE II.— _[Enactments repealed.]_ _Rep._ _by the Repealing and Amending Act, 1914 (10_ _of_ 1914), _s. 3 and the Second Schedule._ 1. See now the Administrator General’s Act, 1963 (45 of 1963). -----

3-Sep-1919

12

The Poisons Act, 1919

https://www.indiacode.nic.in/bitstream/123456789/20097/1/the_poisons_act_1919.pdf

Andaman and Nicobar Islands

The Poisons Act, 1919.ACT NO. 12 OF 1919 1* [3rd September, 1919.] An Act to consolidate and amend the law regulating the importation, possession and sale of poisons 2***. WHEREAS it is expedient to consolidate and amend the law regulating the importation, possession and sale of poisons 3*** ; It is hereby enacted as follows: 1.Short title and extent. 1. Short title and extent. (1) This Act may be called the Poisons Act, 1919.3*[(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison.] 2.Power of the State Government to regulate possession for sale and saleof any poison. 2. Power of the State Government to regulate possession for sale and sale of any poison. (1) 4***The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale, whether wholesale or retail, of any specified poison. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for (a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of the fee (if any) to be charged for such licences; (b) the classes of persons to whom alone such licences may be granted; (c) the classes of persons to whom alone any such poison may be sold; (d) the maximum quantity of any such poison which may be sold to any one person; (e) the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same; (f) the safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale; and ---------------------------------------------------------------------1. Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1.10.1967): vide Reg. 8 of 1965, s. 3 & Sch. Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-65) by Reg. 6 of 1963, s. 2 and Sch. I. Extended to the Union territory of ----- Pondicherry by Act 26 of 1968, S. 3 and Schedule. Repealed in its application to Bellary District by Mysore Act 14 of 1955.2. The words "throughout British India" rep. by the A. O. 1948.3. Subs. by Act 47 of 1958, s. 2, for the former sub-section (2). 4. The words "subject to the control of the G.G. in C." rep. by the A.O. 1937.24.(g) the inspection and examination of any such poison when possessed for sale by any such vendor. 3.Power to prohibit importation into India of any poison except underlicence. 3. Power to prohibit importation into India of any poison except under licence. The Central Government may, by notification in the Official Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into 1*[India] 2*[across any customs frontier 3* defined by the Central Government] of any specified poison, and may by rule regulate the grant of licences. 4.Power to regulate possession of any poison in certain areas. 4. Power to regulate possession of any poison in certain areas. (1) The State Government 4* may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable. (2) In making any rule under sub-section (1), the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, together with confiscation of the poison in respect of which the breach has been committed, and of the vessels, packages or coverings in which the same is found. 5.Presumption as to specified poisons. 5. Presumption as to specified poisons. Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act. 6.Penalty for unlawful importation, etc. 6. Penalty for unlawful importation, etc. (1) Whoever- (a) commits a breach of any rule made under section 2, or (b) imports 5* without a licence 2*[into 1*[India] across a customs frontier 3* defined by the Central Government] any poison the importation of which is for the time being restricted under section 3, or (c) breaks any condition of a licence for the importation of any poison granted to him under section 3, ----- shall be punishable,- (i) on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and ---------------------------------------------------------------------1. Subs. by Act 47 of 1958, s. 3, for "the States". 2. Ins. by the A. O. 1937.3. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, Sec. 3, p. 1521.4. The words "subject to the control of the G.G. in C." rep. by the A.O. 1937.5. The words "into British India" rep. by the A.O. 1937.25.(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation. 7.Power to issue search warrants. 7. Power to issue search warrants. (1) the District Magistrate, the Sub-divisional- magistrate and, in a presidency-town, the Commissioner of Police, may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed. (2) The person to whom the warrant is directed may enter and search the place in accordance therewith, and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to searchwarrants shall, as far as may be, be deemed to apply to the execution of the warrant. 8.Rules. 8. Rules. (1) In addition to any other power to make rules hereinbefore conferred 1*** the State Government may make rules generally to carry out the purposes and objects of this Act 2*[except section 3]. (2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication. (3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3*[Official Gazette] and on such publication shall have effect as if enacted in this Act. 4*[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect ----- only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (5) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] 9.Savings. 9. Savings. (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner. (2) Notwithstanding anything hereinbefore contained, the State Government may 5*** by general or special order declare that all or any of the provisions of this Act 2*[except section 3] shall be ---------------------------------------------------------------------1. The words "and subject to the control of the G. G. in C." rep. by the A. O. 1937.2. Ins., ibid. 3. Subs. by para. 4, ibid., for "Gazette of India or the local official Gazette, as the case may be ". Strictly the substitution would read "Official Gazette or the Official Gazette, as the case may be" but the last nine words have been omitted as being obviously redundant. 4. Ins. by Act 4 of 1986, S. 2 and Sch. (w.e.f. 15.5.1986). 5. The words "in its discretion" rep., ibid. 26.deemed not to apply to any article or class of articles of commerce specified in such order, or to any poison or class of poisons used for any purpose so specified. (3) The authority on which any power to make rules under this Act is conferred may, by general or special order, either wholly or partially- (a) exempt from the operation of any such rules, or (b) exclude from the scope of the exemption provided by sub-section (1), any person or class of persons either generally or in respect of any poisons specified in the order. 10.Repeal of Act 1 of 1904.10. [Repeal of Act 1 of 1904.] Rep. by the Repealing Act, 1927.(12 of 1927). -----

28-Mar-1963

2

The andaman and nicobar islands land improvement scheme regulation 1963

https://www.indiacode.nic.in/bitstream/123456789/18988/1/andaman_and_nicobar_islands_land_improvement_schemes_regulation_1963.pdf

Andaman and Nicobar Islands

###### aTUs+Urf fP.:JT f;:f?)cfR?'PT ANDAMAN AND NICOBAR GAZETTE 3HfTclT?1rr EXTRAORDINARY ###### ?Tf.::{<ti"T"?? Sl<tirfmt Published By Authority ?o 8, Q1i ??, <f6?qfa?,G ;tT? 28, 1963/?'=' 7, l SS5. No. ?. Port Blair, Thursday, March :!8, 196::l/Cbaitra 7, 1885. ANDAMAN AND NICOBAR ADMINISTRATION ###### Chief Commissioner's Secretariat NOTIFICATION Port Blair, doled tl.» 2 ·'.;,'1Jf arch, 19G]f( h aiiro 7, [1885.] x». 'J-2/F. [13-L-,6] o:;-.J". --TJ,a .'\nd .man cud i\;coh;u· T-land? J;::ind [rnpro\·e1.ncnt Scheme Reglllatio,1. [IH(j:i] (.\o. 2 of l'.l(f,) which \\,h publish cl in the Uar.ctte of India ###### Extraonlinurv L'art [ r, ::it-ct ion I date i. :..:nd )brl'I,, l !J(i:; is rcpubl isired Lclow for general ill forma tion. ###### By order, I'. V. _\ Jl_R_\ J.:\f, ###### Assistant Secretary t(J t.hc Chief Commissioner. :\,--- ###### .r'?lT E-\ i\'l) \ ?J .\.K ,L\ T> ?TCOBAH [SLA?DS L.\.\D I",J) ' D_EL.LL-fJJ.'_\lG.N.T?CH E:\J ES REG lTLA'l'f < >.\1, 1963 , . [./6] #### v?) Nn. :2 <H' HHi:; ###### Promulgated l1y [the] President in th> Fourteenth Year of the J{ppu[I] [il][ ic][ ()f India] A Roaulation to provide for the preparation and execution of land improvement schemes including schemes for the conservation and improvement of soil resources, the pre- vention or mitigation of soil erosion, the protection of land ###### »gainst damage by [floods] or drougl1t. a [11d] the r. clamation of waste land iu the Andaman and K icobar Islands. ? .. Tn exercise of the power s couf'crrrrl bv [clause] ( 1) [of] articlo ##### : I. 21,0 of the Constit.ution, tlie J'rcsi<lent is pleased t0 promulgate ###### ·1·. the fol'owing .RC>g11lationma:le by [him.] - CIL\.PTER l 1. ( l) 'l l1is ltcgulation may be called the Andaman and ihort title, Kirolmr Islancl? T.:rnd Tmprnn'me11t Scliemes Reguiation, H)63. exten and commencement ###### ( :?) [It] extcntl.:; to th(1 ·whole of' tho Union 'l'cnitory oE An<ln.man fl [11rl] .N [i(0(1har] f ?lan<ls. (3) It "hall co111e into force on f'-ucl1 date as Jhe Cltiel' Commi?- ,i,,11cr way, by [notification] in th? Oflicial Gazette. appoint. Price : RupPe one and Twenty-five Paille Only. ----- :! -,, 1963 ###### ----------------------- Definitions. -- ------------ -- 2. In this ###### Ilcg-uJatjon,unless the context otlicr11·isc 1·c<:uirc,,- (I) "Aua Committee" Committee constit11tct: 1rnclc1·means section the Area Land Impr0Yrn1en1 11; Land (2)Im1)fovcmcnt"Iloard" meansBoard the Au<lamn,n an«1 NicolHr I?Iand? ###### con::.titutiou 1tr(let· section F; ( :?) ''Chief Commission(:'r" of the Andaman and Nicoba1· Islands; rneaus I.he Oliicf Comm is:-ioucr ###### (4) "De,rnty Coinmhsioncr" performnothersioner egu Jationofficerof thethe ; RpeciallyfunctionsAndaman appointedor anda DeputyNicobarbymeans[the]CommissionerIslsnclsChiefthe DeputyCommissionerand includesnnrcrCommis-thi,cun t?v stones (6)or "eros'on"other materialsnwans fiythe theremovalaction orof winddisplacementor \l"ater;of eart Ji, ###### eecticu(t3)18 "Executi\·oIo ex:fcute Office!'"a scheme means; an offlcor appointed undc,· section(7) "l11<pliry(5) of section')llkor"14: lllC"lUR a11 oillccr appr)intcd under sub- ###### Gazette;(8) "Officia.1 Gaz0.tte'' lJJCans the A11daman .md Ni1:obar (9) "oinrnr",- cluclesandorof Islandsa licenceNirohn.r(a)a mortgageeinmeans relation01·!?lands pormirII pcr?on1rith(Landto landhas heen Tenure) P.,rgnl.1,tion,tu sit11ated granted,whom ina grant. theunder,Andam,tnbas Leen the19:'::G And:un:-in made,andGrnupin- ??0??. Reguia-IC of po?ses::-io11,or a lessee a s11lt-Je?sc?; land;or Jslan<ls(b) [in] relationmeans a personto land whsitwtteclo ii in lawf'n!j11 t.l1e po?scssionI\icok11.· Groupof Hl!J' Regulation;{10) "JJrescl'ilJcd" n1caas J)l"t'?crib,?d by rules m,u!e nnclrr tbjg •Jthcl' improvement(11) "recl:unntion"of Lind:inclu<lcs ('lrltivat:<,n!r1ffonstalion or :1ny nnder (12)tl1is ''scltemc" Jtcgnlation;means a L,in(l Im p1·0Y(n1c11t sclicn10 preparc'1 account11ot less(1:3)ofthnn ",rnstctlrl'celawl"ccnsccitl.ivernrnns ar,yYt\tr-;bnd,ha.., ,rlticltliccn lyin?·l'or a JH:l'iod 1rastr 011 u[ ###### weeds,,·a.tecl; soil ,rattr-logging.(•1·osion or an.\· inlinity,0tlie· Ctl!i:-> neru:u11htor fiasi1)11 lic?nol sand lyin?growth unc1dri- of ] outrai.;od11nde1·(! t.)' 'w;rk''under a <.;r,h0mea -;c-i,emf':means and :1i,rcludc-, D)" n-ork ;t pil-;f'lrc<..:m?trnc?cd,or 1"111·\•.;tr, cotr>dpro\·i.Jedrr rnrric,lor ###### (H,) i-he c·x::prcssions ''<.:ntl k'·. thenn<l rndfan''tree" l'ore?tl11n-o the_\.ct,mcnnings 19:!.7. 1·e.'-pc<.:th-el.r''fo1·cs(-pl'Oditec",assig·tcd tu "ttl,em iml,<..;r''in ;:, 0 :6 of 1926. UJI .\. P'f 1-;tt, If :X on F J < .. \ 'J' II) :S: 0 I· . [I I: ]t; \ S \ , I> C () \ T , . [0] L () \ I·: I: T II ,,: II QfNotification areas. sioner:u·ea.the prc\·ention3.it ""\Vhc11on,rtnay,is desirc.tlJleby 110tificationm· mitigation toit appear, proYidcin 01·tol'orll!e erosiontl,otheOfficialChiel'conrnnationof bncls,Cr mudssioner theof s11lJ-rnilChieftliilt Co111mi,,-warerin an.\or t.o be n, notified are,i for the _purposes of ilrisG,uette,Regulation.declare the a1't:L ----- Co mmissio.1,. Io respectner rriay,of anyby [order]notified publarea[ished]or inpart. the thereofOfficial. theGazette,Chief prohibitline,Pewerrestrjctto.ecrt11h1[rsgu-]er ###### regulate,?- restrict or prohibit- matters witbill notified areas. ###### (a) the clearing or breaking up of land for cultivation or the cultivation of land; ###### (b) the quarrying of stone or the burning of lime; ( e) the cutting of trees and timber or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b), of any forest produce for any purpose; ###### (d) the setting on fire of trees, timber or forest-produce; ( e l the admission, herding, pasturing or retention of cattle or any class or description of cattle; and ( f) the grant of permits to the inhab itan ts of towns and ###### villages situated within tne limits or in the vicinity [of] the area specified in the order - (i ) to take any tree, tim ber, or forest-produce for their own use; or ###### (ii) to pasture cattle; or (iii} to erect buildings in such areas and the produc- tion and return of such permits by such persons. 5. ( [I] ) Upon the publicat i rn of an order under section ,t., [the] Proclamation ###### Deputyor town Commissionerin which any shallpart causeof the toareabe pubnshedspecified min suchevery ordervilJa?eis ad,pis,ioa?fc?i?dne4???er[of] situated a proclamation (in Hindi and English and in such other com· language as the Deputy Commissioner may consider necessary) as ?:1:ri!?r provided in sub-section (:.:). ( 2) The proclamation referred to in sub-section (1) shall ###### claimingcontain theany termscompensationof the orderin andrespectshall ofalsoany requireright, everythe exerciseperson of which is restricted or prohibited by the order, to prefer his claim to the Deputy Commissioner with such particulars and within such period as may be orescribcd. , 3 - Any claim not preferred within the prescribed period shall ###### be rejected: Provided that the Deputy Commissioner may allow a claim to be preferred after the expiry of the prescribed period if be is ## 1 satisfied that the claim, nt had suflicient cause .for not preferring thr- claim wirhiu such period. 6. ( [J] i The Depu l? Com mrsvioner shall proceec to enquire in t'i; prcscrib d manner into every cla.m pre [lerred] under section 5. claimsJrquiri.!sand iutoaward of cornpensa- ###### (2 Fer the purpose of .?uch inquiry. the Dcputv Cornrnis- tion sioicr II a) cxcr. ise all or a. - o. t he pn\.\LJS of a civil court for ,) ot 19():,,, the trial ,A st, ts under tl,c -., Je of Civil Procedure, mos. ###### 11) ThP Denury Com--iss10ner shall, :> Ire r such inquiry, make an award in wr iung wi.h respect to eac.. such claim, setting cu- therein, the f I,\ i. g 1, i ... [ula1] . n mc,y:- ###### (1' .Le rcrsoo ·rnL :; t.1 d, im: (;11 the nature ad exteut of the nghc claimed: 1 iii) the extent t.., which the claim is upheld; ###### (tv th? am<,un t,f compensation awarcteJ and the persons to whom it is p?1· able. ----- ###### '.,f-- ( .J,) The Deputy Commissioner shall give notice in the prescribedsentatives andmannerto personsof his awardto whomto compensationclaimants or istheir pay?hle,repre- din&Method co-.:ipcmatienef awM- theDeputybywithtion the circumstances7Act.underprovisions Commissioner(l) 1894,lnthose determiningandprovisions,ofof sectionsas eachregar':lsshall thecase. by:rnbeamountm what andrttersguided,i4is justwhichofof sothe andcompensation.cannotfarLandreasonableas bemayAcquisi-dealtthebe,in 1 or 1s94 ofentitled,the(2)ChiefTheinsteadCommissionerDeputyof moneyCommissionercompensation,and the may,consent witha wardof the.he sanctionperson tion in land or by reduction of revenue or in any othercompensa-form. ###### onlysuchor restricted in(3)right respect If in anyis sofor ofprohibiteda the timecase, theperiodonly,orexercise compensationrestricted.duringof anywhichrightshallthe is beexerciseprohibitedawardedof CHAPTER III Co?'l'T'JTTrox OF Till•: Bo v n n _\.NI) ?\_l:t-:.\. Co_\l\ll'l"IJ:1: eon11titulio11lhe Board. of 8. (1) The Chief Commissioner may, for the purpose of ###### carryingfor the wholeout ofthethe provisionsAndaman ofand thisNicobarHegulation,Islands constitu•ea Board called the Andaman and Nicobar Islands Land J mpro,·ement Board. ###### (2) The Board shall consist of- (a) the Deputy Commissioner who shall be the Chairman, exofficio; (b) two members to be nominated by the Chief Commissioner; (c) the Conservator of Forests, er-officio; (d) the Pr incipn] Engineeriog Officer, fX·officio; (e) the Director of Agriculture, <'x-offic'o; ###### (f) the Secretary and Financial Adviser to Chief Commissioner, ex-officio; (3) Such officer as may be nornioated by the Chief Commissioner in this behalf shall be the Secretary to the Board. (_I.)The Chief Commissioner may. from time to tirr-o, eitherother personsuo motu.to orbe ona memberthe adviceof theot Boardthe Board,for suchappointperiod anyas the Chief Commissioner may think At. clause(5)(b)The of sub-sectionterm of office( 2) shallof thet e onemembersyear: referred to in Provided that the term of office of a member norn iua ted decessor'sto fill a casualterm vacancyof office. sh11I be for remainder 01 this pre- ###### (6) [If] there is a difference of opinion amongst the mem- bers of the Board regarding any question under this Regual- ###### tion, the decision of the majority of the members present shall prevail: ----- ###### ,r,----------------·--- Provided that when their opinion is equally divided, the Chairman shall have and exercise a casting vote. ###### (7) A non-official member may, at any time by notice 10 writing to the Chairman, resign his office. (,;;,) [All ]communications aod orders of the Board shall be 894 issued by the Secretary or by [such] officer subordinate to him as may be authorised by [the] Board in this behalf. 9. Tho Chief Corumissioner may, l1y order, direct the Board to Power of pl'epare plans and esti mntr s [for] a scheme in respect of any notified Chief Oommis- area or rart thereof. sioner to re- quire Board to prepare scheme. ###### 10. 1 lie functions oft he Hoard ;.]1,dl he- Functions of the Board. ###### (a) to d irect either at ifs own instance or on the order of the Chief Commiseioner ur der feet ion 9, the preparation lJ_y the li rca Com Ill it tee of schcines : ###### (b) to consider and approve the sche rn es prepared hy t lre ?\.re:i Committee; ###### ( c) t f) devise ,mys .uul menus lor the e xecut ion of the schemes apju oved hy it; natl ###### (<1) [to] perform ;,;11cl1 oth-r J'·nctions as nw,y be SJWcilicd in t his Il cz u lat i on or in :l1r, r ulcs nu«!e rhcreuuder. 11. (l) Ac, s'<l'l tt<1 ma,\ I,<'. nftnr tho issue of a direction undc r Constitution sect iou 9, t h c Board shu l l oou-t ir.ut o n Conn11ittcc c<tllc(l tbe Area of Area Com· Land Improvement Com mitt,. J consist i11? [of-] mittee. ###### (ii) n o [offl] ce r of th e Government. o tlu-r ti!;tn t 11<' ?\ ?,istc1nt Cnmnriss.ior-er, to be c )JeJ tlie fm1lCI rm1,rovrrn<'nt [Ofliccr] ; (iii) a person 111J111inn,ted l,y t.l.e H<,,1nl frn1n. :tmor!.:·,,t per suns \\li(se intcrcsr s i n 1!1c «pi [r] [iou] .,r· the Bo.u d m:iy l1L' atl'vcted Ii? [1] [!10] prnpc,sed S<.;ltcmr-; and ###### (i 1·) a pn--on luY;n? spcci11l kn,J,1 l<'d?c ol' tl1c s1Ll,jcd mattt 1· oft lie s<'.1,cn,e. ###### (2) ['l'h,?] A.,sj1,t;rnt Con1missioncr ?h dl J1rc11,icleonr tl1e 111ceting-, of the Area Committee. (3) Tl1e L:.1111 lrnpro\·cmcnt Ofli(·e1· ,liali l,c P,i;.OffirioSecrchr)· to the Arc,l Commit!cc. 12. The l't1ucLi<11t ()[' tlic .\r,•a Corntllittec shnll he- Functions of Area Com- ###### (a) to lWtke rrc·ornrneudntions fo ti,e .Board n? to the mittee· nre::t ill tl1e notiliec.l '.lren l'or \\'l1icli !-lihcrncs nu." he prq>ared; ###### (11) to prepiHc scl1 nws fc r Rr·en" in ih1' ch:1rge 01 tl1e As- ">istunt Co111n1i-,-.;i{H<'r; ###### (c) to perform sni:.:11 uLltor fu11ctiu11, JH.'t1ai11i11!:,to l:io<l i111- j)l'O\·emcnt ;1s rn:1.y [he] spel'iJi.cd [in] tlii? ltcgulation or in the l'llle:., made thereunder; an i ###### (<l) to cr1,n'.'· [out] the i11.,tructinu? iss11c,l by rho J3n,u·<l from 1 ?rne to time. ----- ###### Olf.\PTER rv P1:?.1·\1?\TIO\ nF J,\\11 I.\ll't:on:_,ri,::,.;·1 :-.<·EJ1·:)1Es scheme.\latte1 maywhieh ors, name]_,:-];{, _\ scheme may pon-id1) for all : r any of the following matt- provide. ###### (a) 1mproH·111entor land; ture (h)or couservutionot nor soil or w.u.cror itu nruvcmentl'esvurce?; of c;11h-•<,il \1-nlt r o r J11ois- ###### ( c) _prncntion or mitignti<,n of ,nil c:or-i<,i,; (C') rccl:tmatloJJ of 1rn-,te land; extension(f') improvementor cultivation;i11 tl1e met ho.ls ol' 1·nl1 iv.it io» .uid ###### (!{l eo11?lrnct.ion of' enrt h wor k-, ,,ncl n of"ork3 catcli-,ratcrin fiolrls, gu lliesdrains and.nulravines.contour i ncludinu1,unc!ing,cc,n?trnction wliorcver nsonry necessary: (i) tr"ining cl streams; h,]1(1 Jor(j) proliibitiunpasture; or control of gr;izil)g er rc.-,enation of gshelter rass (k)forhclfplanti11gnlforestats or for anrlan.,ion otherofj>LCSP!Yntionunctutival,Je11:.iq [osc] :nl' landrrecs , or shrul,sprov idingand ###### (1) rc'g111ation or t•robilition of 1iring ul' ,e?t>tah,n (rn) im1)!'11vementd watL1r.c;npp!: (11 [\] $0diment con: rol: ###### ( o) l:tni, drainage: (p) farlll inigatiu11: "lll'l' !,;(ij) ?n11r1·e-;;cuntrul n,,dof' lhc .,fdr? ()f laud f1,nning ,\\,t11q1s arnl d,r{cttwnlt)l'Po•..ver,. oi pre.,).tra-..,ecu t)\Cll?- -:ch. t·101 1.u :;,i-o,- ti,{l) tllt! ( >.J J :· r,r,·c,.?, ,! "' -.,•·tJ.·r>Pcif;, c.i'di;·,. d[.i.] HJCl11 - 110t.hc• , ,0!' nltA U,c JC1·. t :.'l.:C1ii1,1111ttc1•1 C(/n11n, ...t0 'iio11 r•·1111ru;ur unde1 dirtJjfsla11',,\ 'l .1 lL'l, (:.:)(1 11J1H1,,f h,· Inn :1,\,01::1rI re1,,1rPc;pu1t1 I t/1).,lti t 0;1• l,/i,·d,or,,/'Jl,eI> n11,,.,11( -<·h,..,I'a?,,, [I], l'LIJl·l', ,\',i't•:eric<!toe.? : 11:\Lin:-n ,ti hi l ,•• l"rrco111menc.11,1;in" 11<-Cl',sar_r irr,:llili-!-,tt;/1(1al·1• i<[d]tr, ', NiuoL:ir(1),rcl,. thetlu-.t,, (j>ICSLt.:L1r•111nL If('.u::hJ1 i-),i')'1,11m i !1e:i'(,,rda11t::e:( l Ile,i.. ? ?1r t1ut1·. .,rv -,-j(,a11.rCo1·,111u· d"tCi>il1 111, ,u. [r] .-11.tll<'t,· tinn,ul;·::..vt, 11,c,intt-1? tir,nlie :1:irn (l).,ofli<o, ('l',,1fll.:-.111,toa ----- ###### I?--------------------------------------- (l,) the poundurios a [1111]approximate area of the land to lie included in tho scheme; ###### (c) [the] persons, including the ( i-orernmc nt w [h] o will be aff'c- cted by [the] scheme; ###### (d) [the] works, if any, to be carried out nuder the sohcmc; (e) [the] agency or ageucie? through which tho works shall be c:?!·tied out; and ###### (I) such other particulars as may lie prcscriberl , -officerwithoutparedents (4)toanothertothemodificationsThetheBoard;dra,ftArcadraft theCommitteeschemescheme.or1foa.r<lmayso nmypreparedrPject.whichapprove itshallandslu.Ilforwardthepreparei>edraft aul,mittoditor schemewithcause byitsto thewithbe pee-comm-said01· ###### (5) Whenever the Board approves any draf't scheme, the Chief ###### Commissioner shall appoint an officer called the Inquiry Officer for the purposes hereinaf'ter spccirlcd. ]ii. (I) Copies of everv draft seb ema approver] Ly the Board, Publication of ###### together with tho connected maps and plans, if any, shall be for- draft scheme. athimwardedthefol'hcaclcprnrters inspectionto the Deputy by or 1 CommisRioncrthe lie publictchsil freein whichandof chargeshallthe laudsbein madoeveryproposedavailablev illage,to andhylie ###### included in the drnft scheme are situated, and at such places as tho Deputy Commissioner m&y [d][ ircct.] and in 811eh other( 2) .'\. ?encrnl rnannm-notice xhal!as t he Dcpube pul,Jislied ty Commissionorin the Olticialm;1_r direct-< ;<1zel Le I lint copies(a) i11timating thereof havet hat IJec11the kqit.draft ,'tndschememay he:ha-, iw,pcdcdhec11 prepared, by the ,Jfpublic,and thetliatco?tfree«opieslhernor,I c!1nrg-e,of tl1c ,r!iicli draftat. thesl1a1!.schemeplaces be s1>e<'ilfod specifiedmar b? ohtaine<lin illI hesulr?cctionndice,on paymentfro111(L) rnayI Ito Dqmty!Je specifiecl Com111issio11e1· in the notiec;antl ,tl-;o from s11ch otl,c1· Officc1· l\S ###### (u) 1·eqniring-all persons nlfcdcd by the <lrrt.ft 1'-Cliernc who "i?h to objcd toil or to any P'll't tlic,cof, to sllbmit their c1ttio11ohj(him ctiOllQan,lor statethe in w1·iti11gnottheirice. olJjf'<·t,iou?,t.o the T11q1ii1·_, 11i1,hinOffiL·er t.J1irty 01· d,iysto oJ'appNu·the licforupuiJJj.· tlicschemeprc:-:crilJccl(3) Separaterind 01J ma11nrr;tll noticespel'sonson allt0sho\\'n the111,·nerssam('in ofthe•;ff?cttlic, ilb:5elaud.::shall rccnrds affcc.:tcclalso as·bet)\ intcrc:-:.tcclscrrcdthe drllf(in ju rnc:h Janrl:-- ,o J';n ai.; S1ll'li ?·onic1.; n,ny he pri.l(' icaldr. fortogethere<l ortlie16rec,wdedrnodiA<'11ir1nTl,ewith Inquir_,·h·i?by l1i11LiUHl reportof tlic[OfficPr] dr,tfttlierellns:ilnnitshall ,diellll'.iuq11ir1•themao<l his intoto rccon1thetlte n1e11<lilfoh_j"cli1111<s_\ 1·Pa i()no.;,Cornn,ittcereceiv-it' an_,·, objections.Inquirytoand considerOllker repor stub1m1to Area Commit- tee. 17. (1) Afrer con;-;icleri11gtlw ol1_jcclionsnn,1 the rcrurt, arnl re- -commendationstshallh c. \ fonrardrca C omm1ttcet lie dt"ctft.of tlir llP'l_YTnqnir\'sclifrn1•reqmrc O!lie0rto. i,l1er· .Boardrn111nnd I;1:,y11m,. 11 [it]f11rtI,t. 11' itsI 1,c·r.ll'CiLeorn1,,cHts.I 1·epfJrtC omrn1ttecwhicl,. BPowerChiefCommis-oard andof the ?ioner to san- ction or reject ###### U) The Board mny snudio11 the ,lrnft -;d1e111c with <H' ,1itl1out draft scheme. modi1i·?tions or rn;1y 1·cject [it. ,rn1l] direct; t bat in liru thcl'eof, a frcsli draft scheme hu p,·ep:uccl ,tn<l tillbniitted t'()r its Sc'tndion: ----- \' ComrnissioncrI'rovirlorl thatfor !i isit shallorders- submit tho draft scheme to the Chief u ###### (..i) where t lic owners 11[ more Uitin JHt,\ per cent of tl1e area of I he lands included in the draft scheme other I hnn GoYeL'nment lunds have made objections to the draft sche mo or part thereof; or ###### (h) where tlre draf': sche mo has been prupnred in pursuance of an order o: the Ch ie] Couunisaionr-r 1111dl'r section 9. . u?, vVne1:c n d r.ift scheme is Hilrn1ittc(l to 111r· (. h ief Cornmis , sioncr uurlc r tl,r, proviso tu s n 1.-?ccLon (:..:i, 110 1nny -nr.ct ion the ###### d?·,d't[scheme] \I it l: or wil ho ut modiflca: ions 01· may reject it and direct tlrnt a Iresh -;elieme he Jll't'fl,it·ed n ud sdnnittecl fol' his ::;andion .• ###### (4) The scheme as sanct.ionr-d I,, i-1-,<· Board 11r 1 he Chief Com· missioner, as tltl' case may l1P, [shall] be pul.lishcd i11 t b o Official Gazette and copies thereof shal! Le 111a<lea\ .rilahle in cverv vnlaec an<l at the l1ea,dq1unters«f the te hsil i u which th« lands in,cl11dcdin r he scheme are sit u.u od, at such place? and in :--11i.:h nrnu1H'r ns the ###### J)eputy Co111m :?siuncr may dir, ct. (5) Oll ,m<1 frum tho cl,tt" of its pui1:ir,ttion i11 tl1c Official Gazette, the scl:eme !-.llitll ccnw ill to l"orcP 11,11<.lsl1all li,1\"C t ffed., ?6) ['l'be] J;c,1rJ may, fol' U1e purpo. (' o!" <"an,, ing n11t tl10 ou.iect.:1 of the scheme ,, lticli has COil.it' i11to force undur ?tll,.?·ccti,,n (.:,) 111ake ###### bye-laws requiriu6 ar._v p:rs< 11 OL' porq;ns 01· the 1,1d,;i(' ?c1,crally to 1ake cerhi,1 ti.::t,icm 11r to rrfraiH f1orn <loin?· cert:1i11 aurs in re:--pcct of ;rn: matter,; ?11pplemcntary [and] i11ci<lentnl to i-ltc s0bemo. C]I .\ PTEl! ,. ]?,\l·:Cl"TIO.\ tlF TIii·: :--\"111·:.\JE of.\ppoiotment Executive ]8. \\'hen a scheme comes into force, 1.ho Chief Uommissionm Officer. ?lJ.tll ;1ppoinr an ofiii:cr, calle<l tho }:xccutive CJiftccr, [tc,] e.\eC11te it. Power lo la. (l) l·?rnr,r C1.rner of l:111.I i11(·!11d,id i11 tl1c ?chcmc ?l1all pay enforce sche- t-110cost or pa.rt [of][ the] co,t, n::. t lio casa 111ay lie, <1f t.he works wl1ich, me. under I he scl,emc arP c·arric<l <J11t l,y tlie Co\·e1·umcn? in liis land at tl,c cost or 1,art ol" the cost uf I he O\rne1·. ###### (2) [If] the mYncr or the htrnl included in 1iic :--elicmc dcsfrrs to carl'y <mt himself nuder 1eclmical f!Uicl?u<·c provided free Ly [the] De- ###### puty Commissioner nny works ,Tlii<'li under the ?chellle are to bo t1:\f· rie<l c1tt in bis land by [tl1e] Go\·ernment, nt the eo?L or part of the cost ###### of the owner, lie shall gfre [notice] in writing to tlint dl'ect to the .Area. Commit tee witliiu thirty c.1nysoft he puhlicat.1011 [of] tlic scheme in ###### tl1c Official (r;1zettc iu il1e villitge concerned ,d,ielte,·e1· is late,·. (3) 011 receipt vi' :s11cli nol ice, tl,e .\.rPa ommi ttee s:l1all inform the owner 01· the ,rnr1,s ,rbich arc Jo be carded out in Iii? bnd anrt ?11.111lix a [d,d('] IJeforc wltieh J i1e o\rncr sli:1ll can·,\· oul' the works. ###### (J,) [f sudi owner l":1i]s to ('fl.rry od P-11cli "·or!- to the ?ati,facf? inn of 1!10 .\1·en ('ornrnittce before t,lic dafe fixed ur ,1·itliin ?ucli r1utl1er tintc ,ts ma,· lrn nllo1r1·,l 01' at anr time i1dimatcs to tlio Area ###### Commit.tee i11 ,niti?? that lw i, ttnahle ,·o cn.rry (Hit any work licforn thnt. ua1.r, [tlio] Cornmitteo ma\ 1·e11uite [i][ he] ]?xecutive O!Ticer to carry out I lie work a?id re<:11, ,·r tl,c e:-. peuses j11curred for tlte purposo fro111 tlic owner iu s11cl1 111ri.nller "" rn:iy lie pnJseril)cd. ###### (.i) \\·J,er1' t.11e un1,cr <Jt tlie land inclwleu in n ::-:che,ne is tho Go,-crnmeot tile Dcpartlllent ,,r tlie _\nc1aman ?nll Nicobar f :--l:11tds administration -wl,ich bas tl,c cootrn1 or managcrncnt of snch la.]l(ls or Ll1e :Exccut;rc Officer, ; r so 11ir(.c?d in this l,elialf by [l][ lie] .Arca Com· mil tee, the Do?rd or i he (fovenuncnt shall C,ll'J'.r 011t the w"rd::, ----- which the Govcrmncut as t hc ow i.er (if the land is l in hle to carr:· out under the scheme- 20. ( l) If in consequence of any work carried out under Liability of the scheme, any person (including the Government) other persons whose than the owner of the land in which the work is done. is not ###### likely to be benef ted. such person shall pay such ?a.nts/?eme u e · amount and within such time as the Board may de ermine, to the owner of the land if the work is carried out by him, or t o the Government if the work is carried out by the Executive Officer: ###### Provided that before any person is required to pay any such contribution, he shall be given ;i resonable opportunity of rnaking bis representation, if' a ny. in regard to Ute matter: Provided further that any such contribution may be waived hy [the] Government in whole or in part in respect of any work carried out io Jund owned by [it.] ###### ( [2)] If default is made in the payment or such contribu- tion within the time detr rrnined in that behalf in pursuance of sub section ( [l] j, the Deputy Commissioner or any officer ###### authorised by [him] in this bebal f shall recover it from the defaulter and pay the same to the owner of the land in such manner as may be pre sci ibcd. ###### :!). (l J Notwithstanding anything coat a ined in this er sectionRegulationscheme 17.which thedirectnasChiefby comenotificationCommissionerinto forcein maytheunderOfficialia sub-sectionthe ca.seGazette of(5)thatany of works ?arr/v?.u?o Pr°Gwscheme. in a any work under the scheme to be carried out by [the] owner of the lands shall be carried out by [the] Government and that the cost of such wor k shall be recovered in whole or in part from the owners of the lands included in t be sche me in such ###### proportion as the Chief Commissioner may fix having regard to the area or assessment or both or the lands included in the ###### scheme. 0) The cost directed to be recovered under sub-section (I) together with interest thereon at such rate as the Chief Commissioner may determine, shall be recoverable from tbe owners concerned in such number of e quated annual instal- ments payable on the date appointed for the payment of the first instalment of ]and revenue as may be prescribed: ###### Provided that where a person commits default in the payment of any instalment, the entire unpaid balance shall become immediate]y payable. ###### CHAPTER vi J\1 \l:,.;T1·:N\Nl'I:, JlFl'.·\11: .'.\IJ I SE IH' w o ns s L\T:P.JEl) Ol'T 1·:,..-111-:1, TllE :--(.'111·:.ill·: ?2. (I) The Executive Officer shall, on compJetion of the Preparation work prepare a statement giving, for any specified area, the of statement, ###### following particulars, namely:-- (a) (i) the work done; (ii) the cost thereof: ###### (iii) [the] total amount to be recovered from the owners; ###### (iv) the general rate per acre or per rupee of assess- ment per annum at which such amount is to be recovered ###### from the owners; ----- recovered;(v) the period within which s uch amount is to be everyned and(vi)suchrepairedthe person;work individuallywhich in his or opinion jointly shalland thebe maintai-name of ainof surveyworks(b) if innumber, the casethe ofownerany issurveynot liablenumberto repairor sub-divisionor maint- ###### surveycostsurveyowner is attonumbersnumbersabetherein,raterecoveredororothersub-divisions;sub-divisionsor iffromthanthe thethecost ownerandgeneralis tothebeor recoveredrate,rateownersa at listwhichofIrof omsuchsuchthean (c) a map showing the work carrie out in the village; (d) such other matters as may be prescribed. shaJIvillagerecordvillagerightsthereafter( and record. :2) recordof When rightsIrabiJitiesandaorfromstatementinwhereshownsuchpart theremannerisof preparedthereinsuchis noas recordshallrecordmayunder bebeofofthis rights,prescribedenteredrightssection,orinin suchsuchandanythe ###### Obligation) M works.tainpersonsand torepairmarn- shall,withinunder ?:;tosectionsuch(1)the Everytimesatisfaction22 as aspersonliablethat officerofsb0\\'11to themaintaininl.Jcputythe: andst.atementCommissionerrepair anvpreparedworkand the work in his O\Vn land and may fix, maintain and repair bewhichundertake prescribed.be is shownsuch 1ollowas liableup soilin in anyconservationthe saidother statementJanelpracticesin respectandas shalvmalof ###### himselfrecoverunderwork (2)withinthesub-sectionIfgetcostanythethethereofpersontimework( I),fixedfromfailsexecutedthe suchby toDeputytJ1ep?rson.maintainor DeputyC<1mmissionerrepai1edorCommissionerrepairand shallshallthe thereonbe decided(3) Anyshall bybedispute final.the D?putyas to the Commissioneramount of theandexpenseshis decisionshall CHAPTER VII RECl.\.,L\TJO\' OF \l_\,'iTI? l,\\JJ Order for taking possessionwaste land. of executingunder 2.J..this (.i)any If schemethe boardof reclamationis satisfied ofthat.waste forlandthe purposesanctioned of ion of any kegulatiun,waste Janel itshouldis necessarybe taken.that ittemporary possess- ###### possessionwriting,date as maydirectof besuch specifiedthe landDeputyonin thatbebaltCommissionerorderof the Governmentto may,take bytemporary orderon suchin tomanner.the(2) Thenoticeas mayorderofbe theshallprescribed.ownerhe madeor ownersin such ofform,the andland broughtin such ###### issionertheshall Government.(enter :1) Ooor anyuponthe dateotherand oHicertakespecifiedpossessionauthorisedin the order.of bytl-e himtheland Deputvinon thisbehalfComm-behalfof ----- ###### ?Us+II .. ? f.:leiil&«I('(J?q,w # I ###### ANDAMAN AND NICOBAR GAZETTE ... ###### Sf(-11?1(01 EXTBAORDIN ARY SIIMI( ? S14ilftlff Published By Authority ao 55, ..li ? ,,wta.,<, ? 12, 196? k 22. 1891. BO. 55, PORT BLAIR, THURSDAY, JUBl 19, 1969 Jyaistha 22, [1891.] ANDAMAN A D NICOBAR ADYINI"'Tlt \.IIO? Carsr Co1uns IO?ER's SEcRET.\JUAT NOTIFICATION Port Blair, tlte 12th June, 1969 Jyautlta 22, 1891. No. 69 69 F. 43-20 63-Dev. 1.-In exerci e ot the powers conferred by [sub-Section] 3 of Section 1 of the Andaman and Nicobar Islands Land Improvement Schemes R gulati n, 1963 (2 of 1g63) I, H. S. Butalia, Chi f Commissioner, Andaman and Nicobar Isla ds herebv ###### appoint 15th day [of] June, 1969 as the date from which the said Regulation [shall] c me into force in the Union Territory of th And man nd Nicobar I lands . . 0 1 1 ----- .,. THE A>DA)L\N ? );lCOB.\R ------ rIO? ###### .\N0:\)1.\1' .\1' D ?ICOB.\.ll .\ [D\HSlSTB,.\] CHIEF CO)DUSSI0:SER'sSECJlET\lll.\T ---- ###### ?OTIFlCA.TluN Pore Blair, 14th April, [/971] Chaitra ]4. 1893 oand[?ntal1a.'\ iet1l.,nr ,,f. inltit•1-io. sn;wr,..,•,;s;on,\11Clti,-fl sland-56 lurnan71·F.C11mmLandn.nilolNossioner NicobarthisImpiov4'3-20Atlministrntion's. .-\nd·ml\11rml?ntl11hndsQ9 7t·Boar,l L-i11,lDev.and [c,,n?i,,tin;] Im::'l:il',,inrXutilicati,111(IJ.-ln,r,wenwntI-lind.,,1:·exercise :- );nSd1?m··swr·i,vof th-11:\ ·71)• recu11,,ti:11t••R•·..1.11bti,,n,p,,v1ia?1·1l•r;:; [conf,•rrecl][18][ \1.l!)'jll,]L.163[ti""] (·!:\11.bm:rn[ Ii_\·]u[1.[ Sectiun]Plo:?).II. :11111S. l. Th» Deputy Commissioner, .-\n.in.:n?n a11,: ? i,•110 i r l slun l-, ;\Chl ,· ,i,-,nnn.n [t,] - . E·?-01ll1·iu Sh,i Shiv Ram, Senior Yil'e-Charims.r:. ?l unicipal Board, Port Blair .\n inmnn) ,ttl.I :t Shri Prnbhat Sarkar, Rangct [PlidJle] ,i,, 4. The Conservator of Fo1 [e-ts,] Au.hm:in a [n.] ); il·»l,nr] l ,'.unds t::x-Ollh:i , A.P.\Y.n .. Ci. The P1ineipal [En\!incer] An.lsruun :u11I [).][ ieobur] blan,i,- Arnhm,111 nn.l [?i1.:11l,nr] I -Innd : clo Th•·(;,, . Th,•Th»S11iln;rel'lorFinnuc·eConservation?e1:rda1of A?rit.:llltnre.Oflit·"r,\ .. \n:hmn.ri.\n,lnni:l,lan,l ?;,.,,lJaran,l ?H·nU'.H.\Jmiili-tr:lti11nJ..,!.rn,l..; [,,h1ll] ad t! t).a,; S,•1:rdary to the IJoarJ. Tiu' te1m nf Otl!c..: ,)f the m,·,nh•'r3 menti,,11el :it Sl ?,1. ? an l 3 ,·mil expire [nu] thl• 'Hst :'.\brd1. l'l'j·!. Th..: [function:.] of th! 131,u l shall he 1H [f,,llu] .v : - (ti) tn tli1t>ct [either] at i:,; mvn in;;tance or on the 1tivn,1r,l?rhv [of]the[ the] .\re:1.Chir•EC•)mmitt?··Cornmiis10nerof ?chr>m•'nn,kr ,..edion O oi [the] sai I Lteg·ihti011[th,•][ pre1nr] t,, the Area. Committee. the se·1eme, prep:.i.rel (Ii)(1:)( l) to[to]to perform[CJnsi]Jevise[ lt:r]ways[ a.11J][such]11,uJ.[ appro\"]oth,•rmcJ.nsfu nc:forionsth! n, ex?c11:ionmay 1,c S\)!..>ciof t11(\ti•• I[schem.N][in] t tlC s.'liap,>rnve.l l Rc>?11lati,mLy [it;][ an,l]or in t hf' rules ma.Jc thrrenmler. By [order,] L. [MEWA] LALL, .fH1.,lat.1l .'ccrrlfll'J (JJtr 0 ###### MGPPB-366 GP/71-210. ----- ###### ANDAMAN AND NICOBAR GAZETTE af(il\:tl(OI EXTRAORDINARY ? g ll@rij? Published By Authority '""'""'V'V""'VV?.,..,,.""'--"""'J"V'V'\""'??V'V'tJ?vv?'ito 60 qli ? ?R IISl•fi 14,............. 1971/?,.,...? """'"'"""""' 24,J?"""?""""'-.J..tVv-v.JtJ.,v.,1895. ................ ,.,,.,., No. 60 Port Blair, Wednesday, April 14, 1971/Chaitra 24, 1893. ?Ff cf? Acfi'Tffl S1!11iij '1 ir?.:, au lf.:, cfd-ij F-i:t41 {1lf q)i ?,?Aim 14, 1971/? 24. 1893. ###### liti'?"'"'ill'Nfl'iliflMJ« .... TJfleif'{Uj?•Uif',do 56/71/'iif•?o 93/70f.r'ili)ffl:? 1263f (1963??? ?o:- 43-20/69/70-fil'11ffl18-9-1970Q.? rm, ll'iT 2) ? ?fffirtlITUlfiT ar?,tiitUj 8 mT(Il)-arollllir? ?? ? ?? fflii', ?otr1I'lfiT? ? ?R?o ?a'c111r41a1ffu11,? Alf>)iil{!1l "1rT e·•? \fir-??lflO'RR C•srttf?"17fRI',2'1' 1. ?, ? ?"r f.niml lmf'!(, "1i ? 2. ? mcl'Ulr,ffll!c ?113m i/1J?mftir;r,q)i ?ZR 3. ? li11T? m-m:. ?'Rf (if61f8l'Gl'illir) 4,. ?, 8fV!lWf «'IT rmm ?? 5. srtn'if t?A1R, arvwir,.,. tl"fT ffl'llircn?m'N 6. ffl-fimrar, atGg1fFJ ? f.,<t>)ifRlfrm? ###### 7. ? ffl"R, arvtirr.r ? f.Tit;TcITTsr?mr-r "!fir?-ai?, arucirA (firT r.tlff'larRm??, m .. m?" .- ? i1-'fiT3frn, ? 2 <!ITT:3 ili amT a'?o ij'ffl°l lfiT ?,rn;s 31 IJT'ii,1972 !fiT??I ###### •)f(Iii)i?«Nfumr????t?m,? 1'T ffl 61'm•{!SlifiRarvft' ant? ? : -- mr i?I@' f?lPr ? fflT 19 t artffir ? ? iti anw· ' · · en:,.. - ('11)[lft'"'llf\'ir]? ffiT [?] ?t?-rrarl IR? !Riff am:? ?ffl !Ritr I ###### (;r) ? t mr ?« ?,.iTtmlliti ?q,r i? ? ?1'1'·m? ?; am: ... ###### (If) Q; ? ar,:;r llil1f?'lif ?, ? '3'lffi AA? -q artm ?? ? iAJ? ? f;mn -q fllfiff(Gi ?? ... ?- ? '"1&', qt'lr1IS ? (fffm) I ###### Price: Rupee One and T,oe,. ty-five Paiae only. -----

18-Sep-1989

2

The andaman and nicobar islands religious buildings and places regulation 1989

https://www.indiacode.nic.in/bitstream/123456789/18996/1/a_and_n_islands_religious_buildings_and_places_regulation_1989_2_of_1989.pdf

Andaman and Nicobar Islands

###### REGISTERED No. D.(D!',}.121/83 on I ## ?h? ?a??t? of &]ndkl 3,tl'Tl-".T(Ctf ###### EXTRAORDINARY ;.:flTj JI?? 1 PART II-Section 1 ###### mf ?rcm tr s?.;lh:o PCBLISHED BY AGTHORITY --------- -----=---=-----?===----- -- -- ###### ?o 4 !] .{t f??ffi, u"'t;.·cr1z, [ft'i(l'?<::][ 1] s. 1 9 s 9/'f1FJ. 21, 1 911 I No. 411----- ?r ml!' NEW1f n-r,:;,--- DELHI,--- '1_."t:i-- ... - ?:'{..::-r------ f\10.NDAcrt n(lr\'. - SEPTE:\WERt -- f?.m;-- fq,- q;18, - 1%91-=--? ---=-[IH-IADRA]? - - 27,---=-=---- 19 l- I ###### ? ? ;f ? ?.i t•"1 I Sq1:1ratc J'aging [i?][ g:,][ (·11] 111 thi, I'urt ii: nnlt-r that it ma} be filc<I :1.> :1 ,f:p:1ratc co1111111:11io11. - . - ---- - - ----· - - - - - --- - - - - -· ?- ###### MINISTRY OF LAW AND JUSTICE (Legislative Dep,u-tmcnt) New Delhi, [the] 1eth Septembe,, 1!189'/Bhadra '27. [1911] (Saka) ###### THE ANDAMAN AND NICOBAR ISLANDS RELIGIOUS BUILDJNGS AND PLACES REGULATION, 1989 No. 2 OF 1989 Promulgated by [the] President in the Fortieth Year of the Republic of lndia. A Regulation to 1 egulate [the] construction of public religious build- ingsquillityposesof the[and]inpeoplelikelyorderto [restrict]to[of]to arisetheavoidthe fromUnionusea breachofdisputes public placterritoryof thebetweenofpublic[cs] thefordifferentpeaceAndamanreligiousandsectionstran-pur-and Nicobar Islands. In exercise of the powers conferred by [article] 240 of the Constitulion, the President is pleased to promulgate the following Regulation made ###### by him:- !. (1) This Regulation may be called the Andaman and Nicobar Shorttitle. Isl;:.nd.s Rc1igious Building-:; and Places Regula.ion, 1989. extent ###### (2) It extends to the whole of the Union territory of the Andaman andcommence. and Nicobar Islands. rnc n t." ###### (3) It shall come into force on such date as the AdminisiraloJ· n.18.;-·, by [notification] in the Official Gazette. appoint. ( 1 ) ----- - 2 . THE GAZETTE OF l1'Dl.\ EXTRAORDINARY [PART [II-] Dcfini , z. In this Regulation, unless the context otherwise requires.v- t ions. ###### (a) "Administrator" means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; ###### (o) "building" means a house, shop, hut, shed or other structure or enclosure, whether roofed or not, of whatsoever material, con- structed and includes every part thereof, all walls, verandahs, plat- ###### forms, plinths, door steps and the like and a tent or other portable and merely temporary shelter; ###### (c) "Deputy Commissioner" means the Deputy Corrurussioner of a District; ###### (d) "Official Gazette" means the Andaman and Nicobar Islands Gazette; (c) "pl ace" means any open space which is not ,t b·.1ilding; ; ###### (f) "prcscribed" means presc!·ibed by rules made under this Regulation; (a) "publ ic" used with reference to a building or place. signifies that such building or [.Iace, whether or not acquired. constr ucted or maintained by or at the expense of some specified person or body of persons and which is not the private and personal property of such person or body Jnd is open to the use and enjoyment of the ###### public in general or of a particular class or section thereof for the purpose. if any. Ior which it may have been set apart; ###### (h) "religious" when used with reference to a building or ?)l:1ce. signif1cs that such buildmg or place is used or intended to be used for the purpose of religous worship or instruction. or offering prayer ###### (which includes bha_jan, kirtan, stuti or nnincz) or performance of any religious rites by persons of or belonging to any religion. creed, sect or class. as a temple, mosque. church, ctiluitr), dargah, 1:hangc.h, mutt. tab!1a or the like; ###### (i) "Sub-Divisiouul Officer" means the revenue officer in charge of a sub-divison of 3 District. Hl'strii.:. ::. (I) No person shall use any public place- uons on use of (a) as a permanent rel:giOL!S place: or public ###### places (b) save with the previous written permission of the Sub- for rell· Divisional Officer obtained in the prescrfbcd manner. as a temporary gious ###### religious place. PUC- pnS·'"· ###### (2) Nothing in this section shall apply to cremation grounds and burial places or to the holding of functions or the taking out of proces- sions 111 connection with deaths or marriages or to other purely social and s!'CU lar functions or to religious proc sions . ----- Si:c. 1 J - -- - ------?--1'EE --- GAZET-- -- - I'E--..:::...--=-=---OF INDIA ------------ EXTRAORDLl\"AnY- -- --- - ] ###### Divisional4. No personOfficer shall,obtainedwithoutin thepreviousprescriber!writtenm:,:rncr,-permission of the Sub- Construe·t ions etc., (a) construct any public religious building; or licof pub-reli- (b) convert any private or public building or place into a pub- .gious lic religious building. build- 1ngs. ###### E:i:plan(lt on.-Tile temporary use of a bu1l<.Lng or place for religious purposes on occasions such as Hol; Durqa Puja K.uli Puja, Mohatram Id ###### Iicand rell111ousthe lili•: building.shall not oe cieemed t; be [the] conv?rsionthereof into a l;ub- , 3. (1) 'When an application under section. 3 or section 4 is presented Proce- to the Sub-Divisional Officer, he may, after making such inquiry as he dure for mt1y think necessary, either disallow the application or grant the re- grant of orquisiteotherwisepermissionas heuncom 1ynd itronaconsiderIlv. orreasonablewith such in conditionsthe circumstances. as to securitv of. sion.permis- each case. ###### (2) The order of the Sub-Divisional Officer passed under sub-section ( 1) shall be communica led in writing to the applicant and if such appli- cant does not receive such communication within one month in the case of an application under section 3 or within three months in case of an o pplicatton under section 4 from the date on which such application \V,lS recci\'L'd in the office of the Sub-Divisional Officer. such appl.cant shall be deemed 10 have obtained the permission required ###### by section J or section i. as the case may be. G. (1) An appeal shall lie and may be brought in the prescribed man- .\pp -als. ner to the Deputy Commissioner from an order of the Sub-Divisional ###### Officer made under section 5 within thirtv davs from the date on which it was communicated to the applicant. ###### (2) Any person aggrieved by any decision of the Deputy Commis- sioner under sub-section (1) may. within ninety days [from] the date of such decision, appeal to the Sccre tar-, in charge of the Revenue Department and the decision of the Secrctarv in an appeal under this section shall be final. 7. An 01 dcr made under this R,?gulation by a Sub-Divisional Officer .Iur isd ie. or on appeal by a Deputy Commissioner or the Secretary in charge of tion ot the Revenue Dcpar tmcnt shall be final and shall not be liable to be called co urts barred. in question in any Civil Court. 8. ( l) A permission obtained under section 3 shall expire three months Duration a It e r - p cl a t c- of the, order g1·:::1nting the some or the day next e f tc r the date of pcr-. mission. on which the act thereby permitted was to be performed, whichever may be earlier. ###### (2) A permission obtained under section 4: shall be valid for a period of one vea- within which the act permitted to be done should be com- menced. 9. Whoever contravenes or attempts to contravene. or abets the con- Offences t ravention of. any of the provisions of this Regulation or the rules made ,d1d t he rcu nde r or any condition subject to which a permission therr-under punish- P"'vnt,. mnv hn ve been granted shall be punishable w i th imprisonment for a t orm ----- THE GAZETTE OF INDIA EX1'RA0RD1NAP"Y LPAll'!' [11-] - - - - - - ---- which may extend to three months, or with fine which may extend to five hundred rupees, or with both. CU!,'1ll7.- lU .• \n offence under this Regul:J.tion shall be triable by :i Judicial allCe o! .:\bg1strate of the first class on the complaint of a police officer not below Jlcnces ihe rank 1,.[ a Sub-Inspector made under the order of a Sub-Divisional O.Ticer. I·ower o! 11. (1) Notwithstanding anything contained in, but without prejudice Sub-Div,_ lo the provisions of. section 12. [the] Sub-Divisional Officer, on his own mo- sinn;.11 t iou or 0.1 complamt or otherwise. on rece.ving information that any work omccr to has Leen constructed in comra\·ention of the provisions of this Regulation J1reqrvmo\·al or of any pen111ssion [granted] thereunder within his jurisdiction, shall pro- of unau. ceed [r ) inquire into about the truth of the matter and if after inquiry, - horiscd comes to tho conclusion that the work has been so constructed, he shall work. cause lo be notified in the locality by beat of drum and by fixing a show- cause notice on the conspicuous part of the work so constructed and on the notice: board of his of.ice and also cause a notice lo be served on the person or persons (if ,,sccrtainab1e) responsible for the construction of the work calling for objections. if any. within a period of fifteen days as to whv such work should not be removed. ###### (2) The Sub-Di\'isional Officer shall then hear and decide the objec- Lions, if nny. c [nd] record finding on the matter. ###### (3) If the Sub-Divisional Offlcer arrives at the finding that the work is constructed in contr avcn ion l [f] the provisions of this Regulation or ###### thereunder. he shall. by an order in writing, of any permission granted direct the removal of the work so as to restore the building or place in ###### question as nearly as mav be to its original condition. (-1) Subject to the result of any appeal that may be filed under sub- ?;ection ( 5), where anv w o: k is not removed in compliance with the dircc! in i.sucd u [ridvr] sub-section (3) within the period of one month fromthe Sub-Divisionalthe elate of suchOfficerd ircct ioshall n or C3Useof the suchdecision compliancein the appeallo be if madeany. ###### through a police officer not Le low the rarik of Sub-Inspector at +hc cost I t hr- de 1;t"c1lter in the prescribed manner. ordPr (5) madeThe provisionsbv the Sub-D,\·isinn;ilof section 6 shall.Officer so underfor us sub-sectmay be.ion apply(.1) toin t1wan s:1n1e m:,nncr 35 they appl?· to c1n order made under section 5. 12. (1) The court making an order of conviction for clllv oftencc Removal under section 9 shall direct that any work which has been constructed ofteda [ut][ hc]un wc,rk.[ ri-], ,nsionpro-visionsur contr:iventionthe rrranted' placeof inthereundersectionquesti0nof the11. pro\·isionsasshallbutnearJ?-hasbe removednotasof maythisbeen beRegulationsoalreadvtoas itsto. originalrestoreremovedor of cun<..1ition.the:111yunderbuilding[permis-]the ###### (2) In case of non-compliance with a direction made under sub- sectionn police (1).officerthe notcourtbelowsball thecauserank suchof Sub-Inspector<:ompliance to ntbe themacleco-;t ihrou!:(.hof the ###### dcfoult"r in the prescribed manner. ----- Sr.c. l] THE G,,ZETTE OF I?JDI.. r :nt.\C.Wl!\ARY 5 ----- - - ---- ----- - -- 13. No suit or other legal proceeding shall lie ,,gainst any person in Protec, respect ci anything which is in good f.:itl. done or intended to be done tion of action in pursuaucc of this Regulation. to.ken in good faith. 14. The provisions of this Regulation snall be in addition to and not Provi- in derogation of provision contained in the Andaman and Nicobar sions to 2 of 1966. Islands Land Revenue and Land Reforms Regulation, 1966 or any other be in addition law for the time being in force. to cxis- ting law. 15. (1) The Administrator may, by notification in the Official Gazette, Power make rules for carrying out the purposes of this Regulation. to make rules. ###### (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner of seeking permission under sub-section (1) of section 3 and section 4; ###### (b) the manner of filing an appeal under sub-section (1) of sec- tion 6; ###### (c) the manner in which compliance under sub-section ( 4) of section 11 shall be made; ###### (d) the manner in which compliance under sub-section (2) of section 12 shall be made; ###### (e) any other matter which is required to be, or may be, pres- cribed. 16. Every rule made under this Regulation shall be laid, as soon as Rules to may be after it is made, before each House of Parliament, while it is in bebeforelaid ###### session, for a total period of thirty days which may be comprised in one Parlia., session or in two or more successive sessions, and if, before the expiry ment. of the session immediately following the session or the successive sessions ###### aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, [the] rule shall there- after have effect only in such modified form or be 0£ no effect, as the case may be; so. however. that any such modification or annulment shall be without prejudice to the validity of anything previously done under thnt rule R. VENKATARAMAN, President. V. S. RAMA DEVI Sccit to the Govt. of [India.] ---------- rmN"TEfl DY TIIE MA-:Ar:rn. (O\'EilN'U:r r 01' Jl',l)l.\ l'ht:S .. i\H:-:TO POAD, NEW DELHI /\'SD PUIILJSI!ED B1 THE COKTI10t L,.Il Of !'OD! !C,\llUNS, DELllI, 1989 -----

21-Jan-1961

1

The indian stamp andaman and nicobar islands amendment regulation 1961

https://www.indiacode.nic.in/bitstream/123456789/19008/1/indian_stamp_%28andaman_%26_nicobar_islands_amendment%29_regulation_1961.pdf

Andaman and Nicobar Islands

REGISTERED No. D. 221 ### af inbia #### ••.. # - ###### EXTRAORDINARY PART II-Section 1 ###### PUBLISHED BY AUTHORll Y No. I] NEW DELID, SATURDAY, JANUARY z r, I96x/MAGH./l I, 188:1 ###### MINISTRY OF LAW (Legislative Department) _New_ _Delhi,_ _the_ _21st_ _January,_ _1961/Magha_ I, 1882 _(Saka)_ ###### THE IND1AN STAMP (ANDAMAN AND NICOBAR ISLANDS A..M:ENDMENT) REGuLATION, 1961 No. J OF 1961 Promulgated by the President in the Eleventh Year of the> Republic of India. A Reguhtion further to amend the Indian Stamp Act, I~~19. as in force in the Union territory of the Andaman and N;tobar Islands. In exercise _of_ the powers conferred by article 240 _of_ the Constitution, the President is pleased to promulgate the following ###### Regulation made by him:- 1. (1) This Regulation may be called the Indian Stamp (Andaman Short mle, and Nicobar Islands Amendment) Regulation, 1961. e rrent QDd commence- (2) It extends to the whole of the Union territory of the Andaman ment. and Niccbar Islands. (3) It shall come into force at once. 2. In the Indian Stamp Act, 1899, as in force in the Union territory Arneudrne 1lT of the Andaman and Nicobar Islands immediately before the of Act 2 of commencement of this Regulation,- 1899 89 JD foro' In 'he: _(a)_ after section 78, the fo Il o w irrg' section shall be, and shall A, dar-tar- be deemed always to have been, inserted, namely:~ HnJ NIU)l'31 Isla rids. "79. For the purpose of determining the stamp duty pay- F':l(\iOD~ of able, or an allowance to be made, under this Act, any uve _'W\'C_ ###### fraction of five naye paise shall be reckoned as five noue paise }~O\\ tc _paise.";_ be compli- ed. ( I ) ----- 2 THE GAZETTE OF LNDIA EXTRAORDINARY [PART U _(b)_ in Schedule lA,- (i) for clause (b) of Article No.5, the following clause shall be substituted, namely r-> _"(b)(i)_ if relating to the sale Subject to a maximum of of a Government security j twenty rupees, fifteen _nayl:'_ _paise_ for every Rs. 10,000 or pan thereof, of the value of the security. _(ii)_ if relating to the salt: LJf a Fifteen _naye_ _paise_ for every share in an incorporated com- Rs. 5,000 or part thereof, of pany or other body corporate. the value of the share." (ii) for items (i) and (ii) in sub-clause _(a)_ of clause (2) of Article No.6. the following items shall be substituted ###### namely:- Rs. _naye_ Rs. _nayc_ Rs. _naye_ _paise_ _paise_ _paise_ _"_ _(i)_ wh[e]n [t][h]e [a]m[o]un[t ] of the loan or debt does not exceed Rs. 200 0 30 0 20 0 10 _, Ii)_ when it exceeds Rs. 200 hut does not exceed Rs, 400 0 60 0 30 0 20 .vhen [it ] [e][x][cee][d][s ] [R][s][. ] [4][0][0 ] [but ][d][oes ][n][o][t ] exceed Rs. 600 ° 85 0 50 ° 30 when [it ] [ex][c][~e][d][s ] [R][s. ][60][0 ] [bu][t ][d][o][e][s ] [n][o][t ] exceed Rs. 800 _I_ IS ° 60 0 ,",,0 when [it ][e][xc][e][ed][s ] [R][s. ] [80][0 ] [bu][t does ][n][o][t ] exceed Rs. 1,000. 45 0 75 0 50 when [it ] [e][xc][ee][ds ] [R][s][. ] l,OOO but does not exceed Rs. 1,200 70 0 85 60 ``` ° ``` when [it ] [e][x]ce[e]d[s ] [R][s][. ] 1,200 but does not exceed Rs. J,600 :2 25 IS 0 75 when it [exc][e][e][ds ] [R][s][. ] 1,600 but does not exceed Rs. 2,500 3 4° `70` IS when it exceed~ Rs. 2,500 but does not exceed Rs. 5,000 6 75 3 `4°` 2 25 when it exceeds [R][s][. ] 5,000 but does not exceed Rs. 7,500 10 0 5 10 3 `40` when it exceeds Rs. 7,$00 but does not exceed Rs, 10,000 13 50 6 75 4 `So` when it exceeds Rs. 10,000 but [does ] not exceed Rs. 15,000 20 25 10 IS 6 75 when [it ]no[e]t [x][c]exc[eed]e[s ]ed [R][s. ]Rs[1]. [5][,][0]20[00 ],000 but does 27 0 13 `So` 9 0 when [it ]no[e]t [x][c]e[ee]xc[ds ]eed [R][s. ]Rs. [2][0,][0]25,[00 ]000 [b][u][t ] [do][e][, ] 33 75 J6 90 I I 25 ----- SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 3 Rs. _/'laye_ Rs. _naye_ Rs. _IWyc_ _paise_ _paise_ _paise_ when it exceeds Rs. 25,000 but does not exceed Rs. 30,000 `40` 50 20 25 13 50 .] nL1 [nr every additional Rs. IO,OOO or part thereof, in excess of ###### Rs. 30,000 . 13 5° 6 75 4 5° (iii) Article No. 14 shall be omitted; _(iv)_ in Article No. 15, for the words "Twelve _naye_ _paise"_ and "One rupee eighty-seven _naye_ paise" occurring under the column headed "Proper Stamp-duty", the worm "fifteen _naye_ _paise"_ and "one rupee and ninety _naye_ _paise"_ ###### respectively shall be substituted; _(v)_ in Article No. 16, for the words "Nineteen' and ###### "Thirty-seven" occurring under the column headed "Proper Stamp-duty", the words "Twenty" and "Forty" respectively shall be substituted; _(vi)_ in Article No. 41, for the word "Nine" occurring in both places under the column headed. "Proper Stamp-duty", the word "Ten" shall be substituted; _(vii)_ in Article No. 43,~ (1) in clause (b), for the word "Twelve" occurring under the column headed "Proper Stamp-duty", the word "Fifteen" shall be substituted; (2) in clause _(c),_ for the word "twelve" occurring under the column headed "Proper Stamp-duty", the word "fUteen" shall be substituted. ``` RAJENDRA PRASAD, ``` _President._ ``` R. C S. SARKAR, S~y. ``` PRINTED IN INDIA BY rnz GENERAL MANAGER, GOVERNMENT OF INDIA: PRESS, NEW DUHl AND PUBLl3~ BY TRE MANAGER OF PUBL1CJ\TIONS. DELIll. 19131 -----

30-Dec-1966

2

The andaman and nicobar islands land revenue and reforms regulation 1966

https://www.indiacode.nic.in/bitstream/123456789/18989/1/1_9_6_6.pdf

Andaman and Nicobar Islands

# The Andaman And Nicobar Islands Land Revenue And Land Reforms Regulation, 1966 **NO. 2 OF 1966** Promulgated by the President in the Seventeenth Year of the Republic of India A Regulation to consolidate and amend the law relating to land revenue, powers of revenue officers, rights and liabilities of holders of land, land tenures and other matters relating to land, in the Union territory of the Andaman and Nicobar Islands. In the exercise of the powers conferred by Article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him **CHAPTER 1** **PRELIMINARY** 1. (1) This Regulation may be called the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. (2) It extends to the whole of the Union territory of the Andaman and Nicobar Islands but nothing in this Regulation shall apply to such areas therein as may for time to time be constituted as Government forests. (3) It shall come into force on such date as the Chief Commissioner may, by notification, appoint. 2. In this Regulation, unless the context otherwise requires, (1)“abadi” means the area reserved from time to time in a village in a non-urban area for the residence of the inhabitants thereof or for purposes ancillary thereto; (2)“agriculture” includes (i) the raising of annual or periodical crops including betel leaves (pan) and garden produce, (ii) horticulture, (iii) raising of fodder or thatching grass, (iv) dairy farming, ( v) poultry farming, (vi) stock breeding and grazing, and (vii) pisciculture; Short title, extent and commencement Definitions ----- (3)“agricultural year” means the year commencing on the first day of May or such other date as the chief commissioner may by notification, appoint; (4)“cess” means whatever is payable in money by a person, Resident, or holding land in a village, to the Government for services rendered to the community; (5)“Chief commissioner” means the Chief Commissioner of the Union territory/ of the Andaman and Nicobar Islands; (6)“commercial trees” means any of the trees specified in the Schedule; (7)“co-operative society” means a society registered or 2 of 1912 deemed to be registered as such under the Co-operative Societies Act, 1912 . (8) “Government” means the Central Government” (9)“Government forest” means a forest constituted as a 16 of 1927 reserved forest or protected forest in accordance with the provisions of the Indian Forest Act, 1927; (10) “grant” means a grant made under clause (i) of section 146; (11)“holding” means a parcel of land separately assessed to land Revenue; (12) “improvement” in relation to a holding means any work which materially adds to the value of the holding and which is suitable thereto and consistent with the purpose for which it is held and includes(i)the construction of tanks, wells, water channels, embankments and other works for the storage, supply or distribution of water for agricultural purposes, (ii)the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage by water, (iii)the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing, of land used for agricultural purposes, (iv)the erection of buildings on or in the vicinity of the holding elsewhere than abadi or urban area, required for the convenient or profitable use or occupation of the holding, and (v)the renewal or construction of any of the foregoing works, or alterations therein or additions thereto, but does not include the construction of (a)temporary wells and such water channels, embankments, leveling enclosures or other works or pretty alterations in or repairs to such works, as are commonly made by cultiva.tors of the locality in the ordinary course of agriculture, or (b) any work which substantially diminishes the value of any land wherever situated, in the occupation of a tenant. _Explanation- A work which benefits several holdings shall be deemed_ to be an improvement with respect to each of such holdings; (13) “land” means a portion of the earth’s surface whether or not under water and includes all things attached to, or permanently hastened to any thing attached to, such portion; ----- (14) “land records” means the records maintained under this Regulation; (15) “land revenue” means any consideration in money payable by a tenant of the Government on account of the use or occupation of the land or an account of any right in land held by him; (16)“legal practitioner” means any person entitled to practise in any of the courts in the Union Territory of the Andaman and Nicobar Islands under any law for the time being in force; (17) (18)“notification” means a notification published in the Official Gazette: (19)“Official Gazette” means the Andaman and Nicobar Gazette (20)“person under disability” means, (i) a widow, (ii) a minor, (iii) a woman who is unmarried or who, if married, divorced or judicially separated from her husband or whose husband is a person falling under sub-clause (iv) of SubClause (v). (iv) a member of the Armed Forces of the Union, or (v) a person incapable of the cultivation by reason of physical or mental disability: (21)“plot number” means of portion of land in an urban area formed into or recognized as, a plot number under section 68, in respect of which the area and the land revenue payable are separately entered in the prescribed records under an indicative number and includes any portion of land entered in any records before the commencement of this Regulation under an indicative number known as kharsa or survey number; (22)“prescribed” means prescribed by rules made under this Regulation; (23)“recognized agent” in relation to a party to a proceeding under this Regulation means,(i) a person authorized under a power of attorney by that party to make appearance and applications and to do other acts, on his behalf in such proceeding; or (ii) a person authorized in writing by that party to make appearance on his behalf in such proceeding; (24) “rent” means whatever is lawfully payable, in money or in kind, or partly in money and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue; (25) “ revenue officer” in any provision of this Regulation means such revenue officer as the Chief Commissioner may, by notification, direct to discharge the functions of a revenue officer under that provision; ------------------------------------------------------------------------------------- - Ommitted vide Notification No. 128/76 F.No. 52-3/76-J.I. dated 24-7-1976. ----- Revenue Officers (26) “ revenue year” means the year commencing on such date as the Chief Commissioner may, in the case of any specified area, by notification appoint; (27) “sub-tenant” means a person who cultivates or holds the land of a tenant under an agreement, express or implied, on condition of paying rent therefor; (28) “survey number” means a portion of land in any nonurban area formed into, or recognized as, survey number at the revenue survey immediately proceeding the commencement of this Regulation, or subsequently formed into or recognized as such by the Deputy Commissioner in respect of which the area and the land revenue payable are separately entered under an indicative number in the land records; and includes, any portion of land entered in the land records under an indicative number known as kharsa number; (29)“tenant” means the person by whom land revenue is or, but for a contract express or implied, would be payable but does not include a sub-tenant; (30)“urban area” means the area for the time being included within the limits of any municipality constituted under any law for the time being in force relating to municipalities or any village or group of villages which may be specified by the Chief Commissioner asan uaban area and the expression “non urban area” shall be constructed according; (31)“village” means any tract of land which immediately before the commencement of this Regulation was recognized as, or declared to be, a village under the provisions of any law for the time being in force or which may, after such commencement, be recognized as a village at any survey or which the Chief Commissioner may, by notification, declare to be a village **CHAPTER II** **REVENUE OFFICERS, THEIR CLASSES AND POWERS** 3. There shall be the following classes of revenue officers, namely:-‘ (a) Settlement Commissioner, (b) Deputy Commissioner, (c) Settlement Officer, (d) Assistant Commissioner (e) Assistant Settlement Officer, (f) Tehsildar, (g) Land Records Officer, (h) Naib-Teshildar, (i) Revenue Inspector, (j) Patwari, and (k) such other village officers and servants as may be specified by rules made under this Regulation. 4.(1) All revenue officers shall be subordinate to the Chief Control over revenue Commissioner and subject to the provisions of sub section (2), all officers revenue officers in the district shall also be subordinate to the Deputy Commissioner. ----- (2) Unless the Deputy Commissioner otherwise directs, every revenue officer in a sub-division shall be subordinated to the SubDivisional Officer and a Naib-Teshildar in a tehsil shall be subordinates to the Teshildar 5. The Chief Commissioner may, with the previous approval of the Government, after the limits of any district or tehsil or create new or abolish existing districts or tehsil, or divide any district into subdivisions or after the limits of, or abolish, any sub-division. 6. The Government may appoint for each district a Deputy Commissioner who shall exercise the powers and perform the duties conferred or imposed on a Deputy Commissioner by or under this Regulation. 7. The Chief Commissioner may appoint for each district as many persons as he thinks necessary to be Assistant Commissioner who shall exercise such powers and perform such duties as the Chief Commissioner may, by notification, direct. 8. The Chief Commissioner may appoint each tehsil a Tehsildar and one or more Naib-Tehsildar who shall exercise the powers and perform the duties conferred or imposed on them by or under this Regulation. 9. The Chief Commissioner may appoint for each district as many persons as he thinks necessary to be Land Record Officers, who shall exercise the powers and perform the duties conferred or imposed on them by or under this Regulation. 10. (1) The Chief Commissioner may place any Assistant Commissioner to be in charge of on or more sub-divisions of a district. (2) Such Assistant Commissioner shall be called a sub-Divisional Officer and shall exercise such powers and perform such duties of a Deputy Commissioner as the Chief Commissioner may, by notification, direct 11. The Chief Commissioner may, by notification, confer on any person the powers conferred by or under this Regulation on any revenue officer. 12. If any revenue officer, who has been invested with any powers under this Regulation in any tehsil or district is transferred to an equal or higher office of the same nature in any other tehsil or district, shall, unless the Chief Commissioner otherwise directs, exercise the same powers under this Regulation in such other tehsil or district. **CHAPTER III** **PROCEDURE OF REVENUE OFFICERS AND REVENUE** **COURTS** 13. Expect for reasons to be recorded in writing, no revenue officer shall enquire into, or hear, any case arising under this Regulation at any place outside the local limits of his jurisdiction. 14. All revenue officers and measures and all persons acting under their orders may enter upon and survey any land and demarcate boundaries and do all other acts connected with their duties under this Regulation and in so doing, shall cause no more damage than the circumstances of the case may require. Power to alter, create or abolish, districts, sub-division and tehsils Appointment of Deputy Commissioner Appointment of Assistant Commissioners Appointment of Tehsildars and NaibTehsildars Appointment of Land Records Officers Sub-Divisional Officers Conferment by Chief Commissioner of powers of revenue officers on other persons Powers exercisable on transfer Place for holding enquires Power to enter upon and survey land ----- Power to transfer cases Power to transfer cases to and from subordinates Conferment of status of courts on revenue officers Inherent powers of revenue courts Power or revenue officers to require attendance of persons and production of documents and to receive evidence Compelling attendance of witness Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours notice and in making such entry due regard shall be paid to the special and religious sentiments of the occupier. 15. Whenever it appears to the Chief Commissioner that an order under this section is expedient for the ends of justice, he may direct that any particular case be transferred from one revenue officer to another revenue officer of an equal or superior rank in the same district or any other district. 16. (1) A Deputy Commissioner, a Sub Divisional Officer or a Tehsildar may make over any case or class of cases arising under this Regulation for decision from his on file to any revenue officer subordinate to him and competent to decide such case or class of cases, or may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself or refer the same for disposal to any other revenue officer subordinate to him and competent to decide such case or class of cases (2) A Deputy Commissioner, a Sub Divisional Officer, or a Tehsildar may make over for inquiry and report any case or class of cases arising under this Regulation from his own file to any revenue officer subordinate to him. 17. Every revenue officer, while exercising any power under this Regulation to enquire into or decide any question arising for determination between the Government and any person or between parties to any proceedings, shall be revenue court. 18. Nothing in this Regulation shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the court. 19. (1) Subject to the provisions of section 132 and 133 of the Code of Civil Procedure,1908 and the rules made under this Regulation every revenue officer acting as a revenue court shall have power to take evidence, to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purpose of any inquiry or case arising under this Regulation: Provided that no person shall be ordered to attend in person unless he resides in the Union territory of the Andaman and Nicobar Islands (2) Any person present may be required by any such revenue officer to give evidence or to produce any document then and there in his possessions of power. (3) Every such revenue officer shall have power to issue a commission to examine any person who is exempted from attending court under any law for the time being in force or who cannot be ordered to attend in person or is unable to attend on account of sickness or infirmity. 20. If any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 19, may 5 of 1908 ----- Dismissal of case or proceeding and hearing in absence of party (a) issue a bailable warrant or arrest; (b) order him to furnish security for appearance; or (c) impose upon him a fine not exceeding fifty rupees. 21. (1) If, on the date fixed for hearing a case or proceeding, a revenue officer fins that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees. (2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing after due service of a summons or notice on him, the case or proceeding may be heard and determined in his absence or may be dismissed for default, (3) The party against whom any order is passed under sub-section (1) or sub-section (2) may apply within thirty days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite process fees for service of a summons or notice on the opposite party or, as the case may be ,from appearing at the hearing and the revenue officer may, after notice to the opposite party who was present on the date on which such order was passed and after making such inquiry as he considers necessary set aside the order passed. (4) Where an application field under sub-section (3) is rejected, the party aggrieved may file an appeal to the authority to whom an appeal lies from an original order passed by such officer. (5) Expect as provided in sub-section (4) no appeal shall lie from an order passed under this section. 22. (1) A revenue officer may, from time to time, for reasons to be recorded by him in writing and on such terms as to costs as he thinks fit, adjourn the hearing of a case or proceeding before him. (2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witness as are present. 23. A revenue officer may award costs incurred in any case or proceeding arising under this Regulation in such manner and to such extent, as he thinks fit: Provided that the fees of the legal practitioner shall not be allowed as costs in any such case or proceeding, unless such officer considers otherwise for reasons to be recorded by him in writing. 24. Where an order to deliver possession of any land has been passed under this Regulation against any person such order shall be executed in the following manner, namely :(a) by serving a notice on the person or persons in possession of the land requiring such person or persons within such time as may appear reasonable after receipt of the side notice to vacate the land; and (b) if such notice is not obeyed, by removing or deputing an officer to remove any person who may refuse to vacate the same; and (c) if the officer removing any such person is resisted or obstructed by any person the revenue officer shall hold a summary inquiry in to the facts of the case, and if satisfied that the such resistance or obstruction was without any just cause, and that resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the Adjournment of hearing Power to award costs Manner of executing order to deliver possession of land ----- Persons by whom appearances and applications may be made before and to revenue officers 5 of 1908 Order or revenue officer when reversible by reason of error or irregularity Code of Civil Procedure to apply when no express provision made in the Regulation Appeal and appellate authorities punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, he reasonably necessary for securing compliance with the order. 25. Save as otherwise provided in any other law for the time being in force, all appearances before, applications to and acts to be done before, any revenue officer under this Regulation shall be made or done by the parties themselves or by their recognized agents or by any legal practitioner: Provided that subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908, any such appearance shall, if the revenue officer so directs, be made by the party in person. Provided further that appearance alone may be made by a recognized agent referred to in sub-clause (ii) of clause (23) of section 2. 26. (1) No order passed by a revenue officer shall be reversed or altered in appeal or revision on account of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or other proceedings before during any enquiry or other proceedings under this Regulation, unless such error, omission, or irregularity has in fact occasioned a failure of justice. (2) In determining whether any error, omission or irregularity in any proceedings under this Regulation has occasioned a failure of justice, regard shall be had to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 27. Unless otherwise expressly provided by or under this Regulation the procedure laid down in the Code of Civil Procedure, 1908, shall, so far as may be, be followed in all proceedings under this Regulation. **CHAPTER IV** **APPEAL, REVISION AND REVIEW** 28. (1) Save as otherwise provided in this Regulation, an appeal shall lie from every original order passed under this Regulation of the rules made thereunder(a) if such order is passed by any revenue officer subordinate to the Sub-Divisional Officer, whether or not the officer passing the order is invested with the powers of the Deputy Commissioner, to the SubDivisional Officer: (b) if such order is passed by the Sub-Divisional Officer, whether or not invested with the powers of the Deputy Commissioner, to the Deputy Commissioner; (c) if such order is passed by any revenue officer subordinate to the Settlement Officer, to the Settlement Officer; (d) if such order is passed by a Deputy Commissioner, whether exercising the powers of Deputy Commissioner or Settlement Officer during the currency of the term of any settlement, to the Chief Commissioner; (e) if such order is passed by a Settlement Officer, whether exercising the powers of Settlement Officer or the powers of a Deputy Commissioner in connection with any settlement operation, to the Settlement Commissioner. ----- No appeal against certain orders Limitations of appeals (2) A second appeal shall lie against any order passed in first appeal(i)by the Sub-Divisional Officer or the Deputy Commissioner or the Settlement Commissioner, to the Chief Commissioner (ii)by the Settlement Officer, to the Settlement Commissioner . (3) An order passed in review varying or reversing any order shall be appealable in like manner as the original order. 29. No appeal shall lie from an order (a) admitting an appeal or application for review on the grounds specified in section 5 of the Limitation Act, 1963; (b) rejecting an application for review; (c) granting or rejecting an application for stay; or (d) of an interim nature. 30. No appeal shall lie(a) to the Sub-Divisional Officer or Deputy Commissioner or Settlement Commissioner, after the expiration of forty- five days from the date of the order appealed against; or (b) to the Chief Commissioner after the expiration of sixty days from such date; Provided that where a party, other than a party against whom the order has been passed ex-parte, had no previous notice of the date on which the order is passed, limitation under this section shall be computed from the date of the communication of such order. 31. Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made. 32. (1) The appellate authority may either admit the appeal or after calling for the records and giving the appellant an opportunity to be hard summarily reject it: Provided that the appellate authority shall not be bound to call for the records where the appeal is time-barred or does not lie. (2) if the appeal is admitted, a date shall be fixed for hearing and notice shall be served on the respondent. (3) After hearing the parties, if they appear, the appellate authority may confirm, vary of reverse the order appealed against; or may direct such further investigation to be made, or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence or may remand the case for disposal with such direction as it thinks fit. 33. The Chief Commissioner or the Settlement Commissioner of the Deputy Commissioner may, either of his own motion or on the application of any party, call for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit; Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard: Provided further that no application for revision shall be entertained against an order appealable under this Regulation: 36 of 1963 Copy of order objected to accompany petition Power of appellate authority Revision ----- 5 of 1908 Stay of execution of orders Application of Limitation Act Definition of “order” Provided also that such application is presented within sixty days to the Settlement Commissioner or the Deputy Commissioner, as the case may be, or within ninety days to the Chief Commissioner, from the date of the order 34. (1) Every revenue officer may, either of his own motion or on the Review or orders application of any party interested, review any order passed by himself or by any of his predecessors-in-office and pass such order in reference thereto as he thinks fit: Provided that (i) no order shall be varied or reversed unless notice has been served on the parties interested to appear and opportunity has been given to them for being heard; (ii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall be reviewed; (iii) no order affecting any question of right between private persons shall be reviewed exept on the application of a party to the proceedings and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order. (2) No order shall be reviewed expect on the grounds provided for in the Code of Civil Procedure, 1908. (3) For the Purposes of this section, the Deputy Commissioner shall be deemed to be the successor in office of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district. 35. (1) A revenue officer who has passed any order or his successorin-office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be requisite for filling an appeal or revision and obtaining a stay order from the appellate or revisional authority. (2) The appellate or revisional authority may, at any time direct the execution of the order appealed from or against which a revision is made to be stayed for such time as it may think fit. (3) The authority exercising the powers conferred by section 33 or section 34 may direct the execution of the order under revision or review to be stayed for such time as it may think fit. (4) The revenue officer or other authority directing the execution of an order to be stayed may impose such condition, or order such security to be furnished, as he or it thinks fit. (5) No order directing the stay of execution of any order shall be passed expect in accordance with the provisions of this section. 36. Subject to the provisions of this Regulation, the provisions of the 36 of 1963 Limitation Act, 1963, shall apply to all appeals and applications for revision or review under this Regulation. 37. In this Chapter the expression “order” means the formal expression of the decision given by a revenue officer in respect of any matter in the exercise of his powers under this Regulation. ----- Ownership of land Liability to pay land revenue **CHAPTER V** **LAND AND LAND REVENUE** 38. (1) All land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, and, save as provided by or under this Regulation, no person shall be deemed to have acquired any property therein or any right to or over the same by occupation, prescription or conveyance or in any other manner what so ever except by a conveyance executed by, or under the authority of, the Government. (2) The right to all trees, brush-wood, jungles or other natural product wherever growing, expect in so far as the same may be the property of any person, vests in the Government and such trees, brushwood, jungles or other natural product shall be preserved or disposed of in such manner as may be prescribed keeping in view the interests of the people the area with regard to the user of the natural products. (3) All such trees which have been planted and reared by, or under the orders, or at the expense, of the Government and all trees which have been planted and reared at the expense of any local authority by the side of any road belonging to the Government, shall vest in the Government. (4) Where a dispute arises in respect of any right under subsection (1) or sub-section (2) or sub-section (3) such dispute shall be decided by the Deputy Commissioner. (5) Any person aggrieved by any order passed under sub-section (4) may institute a civil suit to contest the validity of the order within a period of one year from the date of such order. (6) Where a civil suit has been instituted under sub-section (5) against any order, such order shall not be subject to appeal or revision under this Regulation. 39. All land, to whatever purpose applied and wherever situated, is liable to the payment of land revenue to the Government, except such land as has been wholly exempted from such liability by special grant of, or contract with, the Government, or under the provisions of any law for the time being in force. 40. (1) The assessment of land revenue on any land shall be made, or shall be deemed to have been made, as the case may be. With reference to the use of land (a) for the purpose of agriculture; (b) as sites for dwelling houses; (c) for industrial or commercial purposes; (d) for any other purpose. (2) No land assessed for use for any one purpose shall be diverted to any other purpose without the previous permission of the SubDivisional Officer. (3) Where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed in accordance with the purpose to which it had been diverted. Variation of land revenue according to purpose for which land used ----- (4) Where any land held free from the payment of land revenue on condition of being used for any purpose is diverted to any other purpose it shall become liable to the payment of land revenue and shall be assessed in accordance with the purpose to which it has been diverted. (5) The assessment made under sub-section (3) or sub-section (4) shall be in accordance with the rule made under this Regulation. (6) Where any land used for any purpose is diverted to any other purpose, and land revenue is assessed thereon under the provisions of this section, the Sub-Divisional Officer shall also have power to impose a premium on the diversion in accordance with the rules made under this Regulation. Provided that no premium shall be imposed for the diversion of any land for charitable purposes. 41. On all lands on which the assessment of land revenue has not been made before the commencement of this Regulation, such assessment shall be made by the Deputy Commissioner in accordance with the rules made under this Regulation. 42. (1) The primary responsibility for payment of land revenue shall not lie on the tenant, but where a tenant has sub-let for any period any land comprised in his holding and he defaults in the payment of land revenue, such and revenue shall be payable by the sub-tenant and the sub-tenant shall be entitled to credit from the tenant the amount paid by him. (2) Where there are two or more persons liable to pay land revenue under sub-section (1), all of them shall be jointly and severally liable for its payment. **CHAPTER VI** **REVENUE SURVEY AND SETTLEMENT IN NON URBAN** **AREAS** 43. The provisions of this Chapter shall apply in respect of lands in non-urban areas. 44. The operation carried out in accordance with the provisions of this Chapter in order to determine or revise the land revenue payable on lands in any local area are called a “revenue survey” the result of the operations are called a “settlement” and the period during which such results are to be in force is called the “ term of settlement”. 45. (1) As soon as may be after the commencement of this Regulation, the Chief Commissioner may take steps to institute and may cause to be constantly maintained, in accordance with the rules made under this Regulation, and inquiry into the profits of agriculture and into the value of the land used for agricultural and non-agricultural purposes. (2) For the purpose of determining the profits of agriculture, the following matters shall be taken into account in estimating the cost of cultivations, namely :(a) the depreciation of stock and buildings; (b) the money equivalent of the labour and supervision by the cultivator and his family ; Assessment on unassessed land Responsibility for payment of land revenue Provisions of Chapter to apply to lands in non urban areas “Revenue survey:”, “settlement”, and “term of settlement” Inquiry into profits of agriculture and value of land ----- Settlement Commissioner, Settlement officer and Assistant Settlement Officers Powers to transfer duty of maintaining maps and records to Settlement officer Notification of pro-posed revenue survey Formation of survey numbers and villages Separate demarcation of land diverted or specially assigned (c) all other expenses usually incurred in cultivation on the land which is under inquiry; and (d) interest on the cost buildings and stock on all expenditure for seed and manure, and on the cost of agricultural operations paid for in cash. (3) The Settlement Officer appointed under Sub- Section (2) of section 46 shall take into consideration the information collected in the course of this inquiry when framing his proposals for assessment rates. 46. (1) The Government may appoint a Settlement Commissioner who shall control the operations of the revenue survey. (2) The Chief Commissioner may appoint an officer (hereinafter referred to as the Settlement Officer) to be in charge of a revenue survey and as many Assistant Settlement Officer as he thinks fit. (3) The Settlement Officer and the Assistant Settlement Officers shall be subordinate to the Settlement Commissioner and all Assistant Settlement Officers in a local area shall also be subordinate to the Settlement Officers. 47. When any local area is under revenue survey, the duty of maintaining the maps and records may, under the orders of the Chief Commissioner be transferred from Deputy Commissioner to the Settlement Officer, who shall thereupon exercise all the posers conferred on the Deputy Commissioner by any of the provisions in chapter VIII & XVI. 48. (1) Wherever the Chief Commissioner decides that a revenue survey of any local area should be made, he shall publish a notification to that effect, and such local area shall be held to be under such survey from the date of such notification until the issue of a notification declaring the operations to be closed. (2) Such notification may extend to all lands generally in the local area or to such lands only as the Chief Commissioner may direct 49. Subject to the rules made under this Regulation, the Settlement Officer may (a) take measurements of the land to which the revenue survey extends and construct such number of survey marks there on as may be necessary: (b) divide such lands into survey number and group the survey numbers into villages; and (c) recognize existing survey numbers, the constitute survey numbers, or form new survey numbers. 50. Notwithstanding anything contained in section 49 when any portion of agricultural land is diverted to any non-agricultural purpose, or when any portion of land is set apart for any of the purpose specified is section 198 or when any assessment is altered on any portion of land under sub-section (3) of section 40, the Settlement Officer may make such portion into a separate survey number or sub-divisional of a survey Number. 51. (1) The Settlement Officer may either re-number survey numbers or sub-divide survey numbers into as any sub-divisions as may be required in view the acquisition of rights in land or for any other reason. Power to re-number or sub-divide survey number ----- Entry of survey numbers and subdivisions in records Determination of abadi of village Grouping of villages for purpose of assessment. Fixation of assessment rates Fixation of fair assessment All lands liable to assessment (2) The division of survey numbers into sub-divisions and the apportionment of the assessment of the survey number amongst the subdivisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limit either of area of land revenue or of both which no sub-division shall be recognized. Provided that the total amount of assessment of any survey number shall not be enhanced during the term of Settlement unless such assessment is liable to alteration under the provisions of this Regulation. (3) Where holding consist of several Kharsa numbers the Settlement Officer shall assess the land revenue payable for each kharsa numbers and record them as separate survey numbers. (4) Whenever the survey numbers are re-numbered, the Settlement Officer shall correct the entries in all records prepared or maintained under chapter VIII. 52. The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be prescribed. 53. The Settlement Officer may, in the case of every inhabited village, ascertain and determine, with due regard to rights in land, the area to be reserved for the residence of the inhabitants or for purposes ancillary therefore, and each area shall be deemed to be abadi of the village. 54. For the purpose of assessment, the village of each tehsil or part of a tehsil comprised in the area to be assessed shall be formed into groups, and in forming such crops regard shall be head to physical features, agricultural and economic condition, and trade facilities and communications. 55. (1) On completing the necessary inquiries under section 45, the Settlement Officer shall, having regard to soil and position of land and profits of agriculture, prepare a table of assessment rates for different classes of land in the prescribed form and shall publish it in the prescribed manner for the prescribed period. (2) Any person objecting to an entry in the table of assessment rates may present a petition in writing to the Settlement Officer within the prescribed period and the Settlement Officer shall consider such objections after giving a hearing to the objector. (3) The Settlement Officer shall submit the table of assessment rate to the Chief Commissioner together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of his proposals. (4) The Chief Commissioner may approve the table of assessment rate submitted to him under sub-section (3) with such modifications, if any, as he may consider necessary. (5) The assessment rates approved under sub-section (4) shall be finally published in the Official Gazette. 56. The Settlement Officer shall fix the assessment on each holding in accordance with the assessment rates approved under Section 55 and the provisions of Section 58 and such assessment shall be the fair assessment of such holding 57. The Settlement Officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are liable to the payment of land revenue or not. ----- Principles of assessment Announcement of Settlement Introduction of Settlement Term of Settlement 58. (1) The fair assessment of all lands shall be calculated in accordance with the principles and restrictions set forth in this section. (2) No regards shall be had to any claim to hold land on privileged terms. (3) Regard shall be had in the case of agricultural land to the profits of agriculture, consideration paid for leases, sale prices of land and the principal moneys on mortgages, and in the case of nonagricultural land to the value of the land for the purposes for which it is held. (4) The fair assessment on land used for non-agricultural purposes shall not exceed one-third of the estimated rental value of the land to be determined in the prescribed manner. (5) Where an improvement has been affected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made. (6) Except for special reasons to be approved in each case by the Chief Commissioner, no increase in the fair assessment of holding for the purposes of agriculture shall exceed fifty percent of the existing assessment. 59. (1) When the assessment of any land has been fixed in accordance with section 56 notice thereof shall be given in accordance with the rules made under this Regulation and such shall be called the announcement of the Settlement. (2) The assessment of any land as announced under this section, shall be the land revenue payable annually on such land during the term of the settlement unless it is modified in accordance with the provisions of this Regulation or any other law for the time being in force. 60. The term of a Settlement shall commence from the beginning of the revenue year next following the date of announcement under subsection (1) of section 59 or from the expiry of the term of the previous Settlement, whichever is later. 61. (1) The term of Settlement shall be fixed by the Government and shall not be less than thirty years. Provided that if, at any time during the currency of the Settlement the Government is of opinion that, having regard to changes in the general conditions subsequent to the Settlement, it is desirable that the assessment, should be reduced, it may, by order, reduce such assessment for such period as it may deem fit. (2) Notwithstanding anything contained in sub-section (1) in any area where there is ample scope for extensions of cultivation or for agriculture development or where there has been a rapid development of resources owing to the construction of roads or canals since the last Settlement, the Government may, for reason to be recorded fix a term which may be less than thirty years but which shall in no case be less than twenty years. (3) Notwithstanding that the term of Settlement fixed under subsection (1) or sub-section (2) for any local area has expired such terms shall be deemed to have extended till the commencement of the term of the subsequent Settlement in that area ----- 62. The Settlement Officer may alter the boundaries or any village, or divide a village into two or more villages or unite two or more villages into one in accordance with the rules made under this Regulation. 63. When the Settlement operations are closed, all applications and proceedings that pending before the Settlement Officer shall be transferred to the Deputy Commissioner who shall have all the powers of a Settlement Officer for their disposal. 64. The Deputy Commissioner may, at any time during the term of Settlement, correct any error in the area or assessment of any survey number of holding due to mistake of survey or arithmetical miscalculation. Provided that no arrears of land revenue shall become payable by reason of such correction. 65. During the term of Settlement, the Deputy Commissioner shall, when so directed by the Chief Commissioner, exercise the powers of a Settlement Officer under sections 49, 50,51,53,62. 66. Notwithstanding anything contained in this chapter, all survey operations commenced under any law, for the time being in force and continuing at the commencement of this Regulation shall be deemed to have been commenced and to be containing under the provisions of this Chapter and all assessment rates in force at such introduced in accordance with the provisions of this Chapter and shall remain in force until the introduction of revised assessment rates; and such revised assessment rated may be introduced at any time notwithstanding any thing contained in section 61. **CHAPTER VII** **ASSESSMENT AND RE-ASSESSMENT OF LAND IN URBAN** **AREAS** 67. The Provision of this Chapter shall apply to all lands in urban areas. 68. Subject to the rules made under this Regulation, the Deputy Commissioner may (a) divide the lands in an urban area into plot numbers, and (b) recognize existing survey numbers as plot numbers, reconstitute plot numbers or form new plot numbers. 69. (1) The Deputy Commissioner may either re-number plot numbers or sub-divide plot numbers into as many sub-divisions as may be required in view of the acquisitions of right in land or for any other reason. (2) The division of plot numbers into sub-divisions and the apportionment of assessment of the plot numbers amongst the subdivisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limits of area or of land revenue, as the case may be, or both, in any local area below which no sub-division shall be recognized. Power of Settlement Officer to divide or unite villages. Power of Deputy Commissioner to complete unfinished Proceeding. Power of Deputy Commissioner to correct errors. Power Of Deputy Commissioner during the term of settlement. Continuance of survey operation and rates in force at the commencement of the Regulation. Provisions of Chapter to apply to lands in urban area. Power of Deputy commissioner to divide the lands in urban area to plot number. Power of Deputy Commissioner to re-number subdivided plot numbers. ----- Area and assessment of plot numbers and sub divisions to be entered in records Urban area to be divided into blocks for Assessment. Deputy Commissioner to fix standard rate of assessment and publication of standard rates Fixation of standard rates of assessment Maximum and minimum limits for rate of assessment Deputy Commissioner to assess plot at rate prescribed. Provided that the total amount of assessment of any plot number shall not be enhanced during the term of Settlement unless such assessment is liable to alteration under the provisions of this Regulation. 70. The area and assessment of plot numbers and sub-divisions of plot number shall be entered in such records as may be prescribed 71. For the purposes of assessment, an urban area shall be divided into blocks and in so dividing regard shall be had to the use of land for agricultural, industrial, commercial, residential or such other purposes as may be prescribed. 72. (1) The Deputy Commissioner shall, with the approval of the Chief Commissioner and in accordance with the provisions of section 73, fix the standard rate of assessment per ten square meters of land in the case of non-agricultural land in each block in an urban area and such standard rate shall be published in the prescribed manner. (2) Any person objecting to any standard rate may present a petition in writing to the Deputy Commissioner within prescribed period and the Deputy Commissioner shall consider such objections after giving a hearing to the objector. (3) The Deputy Commissioner shall submit the standard rates to the Chief Commissioner together with a summary of objection, if any, his decision on such objections and a Settlement of the grounds in support of his proposals. (4) The Chief Commissioner may approve the standard rates submitted to him under sub-section (3) with such modification if any as he may consider necessary. (5) The standard rates approved under sub-section (4) shall be finally published in the Official Gazette. (6) The standard rates published under sub-section (5) shall remain in force for a period of thirty years and shall thereafter continue to be in force until altered. 73. (1) The Average annual letting value of lands in each block shall be determined in the prescribed manner. (2) The standard rates of assessment for lands held for purposes mentioned in clause (b) or clause (c) of sub-section (1) of section 40 shall be equal to one third of the average annual letting value of the block determined under sub-section (1) and for purpose mentioned in clause (d) of sub-section (1) of section 40 shall be one-half of the said value. (3) The standard rates of assessment for lands held for agricultural purposes shall be fixed in the prescribed manner with due regard to soil and position of land to the profits of agricultural, to the consideration paid for losses and to the sale prices of such lands. 74. The maximum and minimum limit for the rate of assessment shall respectively be one and a quarter times and three fourth of the standard rates in force for the time being. 75. The Deputy Commissioner shall assess every plot at a rate within the limit prescribed by section 74 regard being had to use, situation and other advantages or disadvantages attaching to such plot ----- Provided that if, in case of lands which are being assessed for a purpose with reference to which they were assessed immediately before the revision the assessment so arrived at exceeds, in the case of agricultural land one and a half times of the land revenue and in the case of other lands six times of the land revenue payable immediately before the revision, the assessment shall be fixed at one and a half times of such land revenue in the case of agricultural land and as six times of such land revenue. Provided further that where on improvement has been affected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the assessment of such holding shall be fixed as if the improvement had not been made. 76. The assessment fixed under section 75 shall remain in force for a period of thirty years or for such longer period as may elapse before reassessment after that period and such period shall be deemed to be term of Settlement for all purposes. 77. (1) The assessment fixed under section75 shall be the land revenue payable annually on such plot number unless it is modified in accordance with the provisions of this Regulations. (2) The Deputy Commissioner may, at any time during the term of settlement, correct any error in the area or assessment of any plot number due to any mistake in division of land into plot numbers or arithmetical miscalculation. Provided that no arrears of land revenue shall become payable by reasons of such correction. 78. The land revenue or rent fixed for any land in an urban area under a Settlement or a lease from Government with rights of renewal, made or granted before the commencement of this Regulation shall, notwithstanding the expiry of the term of such settlement or lease, continue to be in force until the assessment on such land is fixed in accordance with the provisions of this Chapter. **CHAPTER VIII** **LAND RECORDS** 79. (1) The Deputy Commissioner shall from time to time arrange the villages of the tehsil into patwari circles and may, at any time, alter the limits of any existing circle or create new circles or abolish existing ones. (2) The Deputy Commissioner shall appoint one or more patwaries to each patwari circle for the maintenance and correction of land records and for such other duties as may be prescribed 80. The Deputy Commissioner shall from time to time arrange the patwari circles in the tehsil into revenue inspector’s circles and may at any time, after the limits of any existing circle or create new circles or abolish existing ones. 81. (1) The Deputy Commissioner may appoint for each district as many persons as he thinks fit to be revenue inspectors, town surveyors, assistant town surveyors and may take measures to supervise the preparation and maintenance of land regards and to perform such other duties as may be prescribed. Term of settlement Assessment fixed shall be land revenue Land Revenue or rent fixed under previous settlement or lease to continue Formation of Patwari circle and appointment of Patwari Formation of revenue circles Appointment of revenue inspectors etc. ----- Acquisition of rights to be reported Register of mutation and register of disputed cases (2) The town surveyor and assistant town surveyor shall be deemed to be revenue officer for the purpose of sections 14 and 92 and patwari for the purpose of section 84 and 85 in respect of the areas under their charge. 82. There shall be prepared by the prescribe authority a map showing the boundaries of survey numbers or plot numbers and waste lands called the ”field map” for every village, expect when otherwise directed by the Chief Commissioner. 83. A record of, rights shall, in accordance with the rules made under this Regulation, be prepared and maintained for every and such regard shall include the following particulars, namely :(a) the names of all tenants together with survey numbers or plot numbers held by each of them and their area; (b) the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching there to; (c) The land revenue, if any, payable by each persons; and (d) such other particulars as may be prescribed. 84. (1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land shall report orally or in writing his acquisition of such right to the patwari of the village within six months from the date of such acquisition and the patwari shall give a written acknowledgement in the prescribed form for such report to the person making it: Provided that when the person acquiring such right is a minor or is otherwise disqualified his guardian of other person having charge of his property shall make the report to the patwari. Explanation 1- For the purpose of this section, right in land does not include an assessment over or a charge (not amounting to a mortgage of the kind specified in section 100 of the transfer of property act, 1882 on the land. Explanation II- A person, in whose favor a mortgage is redeemed or paid of a lease is determined, acquires a right within the meaning of this section. Explanation III- Intimation in writing required to be given to the patwari under this Section may be given through a messenger or in person or may be sent by registered post. (2) Any such person as is referred to in sub-section (1) may also report in writing his acquisition of such right to the Tehsildar within six months from the date of such acquisition. 85. (1) The Patwari shall enter in a register of mutations every acquisition of right reported to him under section 24 or coming to his notice from intimation received from the Tehsildar or the Gram Panchayat, if any, from any other source. (2) Whenever the patwari makes an entry in the register of mutation, he shall at the same time post up a complete copy of the entry in any place of public resort appointed by the Deputy Commissioner in the village. (3) The fast of such entry shall be proclaimed in the village by beat of drum and written intimation thereof shall be given to all persons appearing to the patwari to be interested in the mutation and also to the Gram Panchayats or where a Gram Panchayats has been not established, to the Chaudhari appointed under section 132. Field map Record of rights 4 of 1882 ----- (4) Should any objection to any entry made under sub-section (1) in the register of mutation be made either orally or in writing to the patwari, he shall enter the particulars of the objections in a register of disputed cases and shall give a written acknowledgement in the prescribed form for the objection to the person making it. (5) Every objection entered in the register of disposed cases shall be disposed of, and every entry in the register of mutations shall be tested, and if found correct or after correction, as the case may be, shall be certified by such officers and in such manner as may be prescribed. (6) Entries in the register of mutations, when duly certified, shall be transferred to the record-of-rights in the prescribed manner. (7) Any report regarding the acquisition of any right of the kind specified in section 84 received by the patwari after the specified period shall be dealt with in accordance with the provisions of this section: Provided that no action on the report of the patwari shall be taken by the Tehsildar unless it is verified by the revenue inspector. 86. The civil courts shall have jurisdiction to decide any dispute to which the Government is not a party relating to any right which is recorded in the record-of-rights. 87. The Deputy Commissioner may, any time, Correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record-of-rights. 88. In addition to the map and the record-of-rights, there shall be prepared for each village a kharsa or field book and such other land record as may be prescribed. 89. If any revenue officer finds that a wrong or incorrect has been made in the land records prepared under section 88 by an officer subordinate to him he shall direct necessary changes to be made therein after making such enquiry from the persons concerned as he may deem fit after due written notice. 90. (1) If any person is aggrieved by any entry made in the land records prepared under section 88 in respect of matters other than those referred to in section 83 he shall apply to the revenue officer for its correction within one year of the date of such entry. (2) The revenue officer shall after making such enquiry as he may deem fit, pass necessary orders in the matter. 91. Every entry in the land records existing at the commencement of this Regulation and every entry made therein under this Chapter shall be presumed to be correct until the contrary is proved or a new entry is lawfully substituted therefor. 92. (1) Every person, whose right, interest or liabilities are required to be or have been entered in any record or register under this Chapter, shall be bound on requisition in writing by any revenue officer, engaged in compiling or reversing the record or register to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or possession or power. (2) The revenue officer, to whom any information is furnished, or before whom any document is produced under sub-section (1), shall give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof. Jurisdiction of civil courts Correction of clerical errors Land records Correction of wrong entry in land records by superior officers Dispute regarding entry in land records Presumption as to entries in land records Obligation to furnish the information as to title ----- Penalty for neglect to furnish information Certified copies Maps and other records open to inspection Construction of boundary marks of villages and survey numbers or plot numbers Dispute regarding boundaries between villages, survey numbers and plot numbers Ejectment of person wrongfully in possession 93. Any person neglecting to make the report required by section 84 or furnish the information or produce the documents required by section 92 within the specified period shall be liable, at the discretion of the Deputy Commissioner, to a penalty not exceeding twenty-five rupees. 94. Certified copies of entries in the record-of-rights may be granted by such officers and on payment of such fees as may be prescribed 95. Subject to such rules or payment of such fee, if any, as may be prescribed, all maps land records shall be open to inspection by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same. **CHAPTER IX** **BOUNDARIES, BOUNDARY MARKS AND SURVEY MARKS** 96. (1) The boundaries of all villages shall be fixed and demarcated by permanent boundary marks. (2) The Chief Commissioner may, in respect of any village, by notification, order that the boundaries of all survey numbers or plot numbers shall also be fixed and demarcated by boundary marks and where such boundaries have been fixed and demarcated by boundary marks it shall be lawful for the Chief Commissioner to assess all charges incurred thereby on the holders of the survey numbers or plot numbers, as the case may be, or other having an interest therein. (3) Such boundary marks shall, subject to the provision hereinafter contained, be such specification and shall be constructed and maintained in such manner as may be prescribed (4) Every holder of land shall be responsible for the maintenance and repair of the permanent boundary and survey marks erected thereon. 97. All disputes regarding boundaries of village, and boundaries of survey numbers and plot numbers where such boundaries have been fixed under the provisions of section 96, shall be decided by the Deputy Commissioner after local inquiry at which all persons interested shall have an opportunity of appearing and producing evidence 98. (1) When a boundary has been fixed under the provisions of section 96 the Tehsildar may summarily eject any person who is wrongfully in possession of any land which has been found not to pertain to his holding or to the holding of any person through or under whom he claims. (2) Where any person has been ejected from any land under the provisions of sub-section(1), he may, within a period of one year from the date of ejectment institute a civil suit to establish title thereto: Provided that the Tehsildar or any other revenue officer shall not be made a party to such suit. (3) The Tehsildar may at any time after the passing of decree in the civil suit, if any, make any order for redistribution of land revenue which, in his opinion should be made as a result of the decree and such redistribution shall take effect from the beginning of the revenue year following the date of the order. ----- Demarcation and maintenance of boundary lines 99. (1) Every holder of land adjoining a village road, village waste or land reserved for community purposes, shall at his own cost and in the prescribed manner(a) demarcate the boundary between his land and the village road, village waste or land reserved for community purposes adjoining it by boundary marks, and (b) repair and renew such boundary marks from time to time. (2) If the holder fails to demarcate the boundary or to repair or renew the boundary marks as required by sub-section (1), the Tehsildar may, after such notice as he deems fit, cause the boundary to be demarcated, or the boundary marks to be repaired or renewed and may recover from the holder the cost incurred thereby. (3) In the event of any dispute regarding the demarcation of the boundary or the maintenance of the boundary marks in proper state or repair, the matter shall be decided by the Deputy Commissioner whose decision thereon shall be final. Explanation- For the purposes of this section “village road” means a road which bears an indicative survey number or plot number. 100. (1) After the end of November in each year, the patwari of the village shall give written notice to every holder on whose land the boundary or survey marks are defective calling upon him to put them into proper repair before the first day of March next following. (2) After the first day of March in any year, the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner may cause any defective boundary or survey marks with respect to which a notice has been given under sub-section (1) to be properly repaired and shall recover the cost of such repair from the holder or holders responsible for the maintenance of such boundary or survey marks, together with a penalty which may extend to one rupee for every boundary mark of survey mark so repaired. 101. Where no order has been made by the Chief Commissioner under sub-section (2) of section 96 the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner boundaries of a survey number or of a sub division or of a plot number and construct boundary marks thereon and recover the cost of such demarcation and construction from the applicant. 102. If any person willfully destroy or injures, or without lawful authority, removes boundary or survey mark lawfully constructed, he may be ordered by the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner to pay such fine, not exceeding fifty rupees for each mark so destroyed, injured or removed, as may in the opinion for each mark so destroyed, injured or removed, as may, in the opinion of the Tehsildar or such other revenue officer, be necessary to defray the expenses of restoring the same and or rewarding the information, if any, 103. Any person who encroaches upon, or causes any obstruction to the use of a, recognized road, path or common land of village shall be liable, under the written orders of the Tehsildar and standing the facts and circumstances of the case, to a penalty which may extend to fifty rupees. Enforcement of repair of boundary or survey marks. Demarcation of boundaries of survey number or sub division or plot number Penalty for destruction, injury or removal of boundary or survey marks Penalty for obstruction of way, etc. ----- Removal of obstruction Execution of bond for abstaining from repetition of certain acts Notification of record operations Survey officers Powers of survey Officers as to erection of boundary marks Decision of disputes Record to be prepared in survey operation Preparation of new records-ofrights Attestation of entries and decision of disputes 104. If the Tehsildar finds that any obstacle impedes the free use of a recognized road, path or common land of a village he may order the person responsible for such obstacle to remove it, and, if such person fails to comply with the order, may cause the obstacle to be removed and may recover from such person the cost of removal thereof. 105. Any person who encroaches or causes any obstruction under section 103 may be required by the Tehsildar to execute a personal bond for such sum not exceeding five hundred rupees, as he may deem fit, for abstaining from repetition of such act. **CHAPTER X** **REVISION OF MAP AND RECORDS** 106. (1) If the Chief Commissioner is of opinion that in local area general partial revision of the records, or a resurvey, both, should be made, he shall issue a notification to that effect. (2) Every such local area shall be held to be under record or survey operations or both as the case may be, from the date of the notification until the issue of another notification declaring the said operations to be closed therein. 107. The Chief Commissioner may appoint an officer, hereinafter referred to as the “survey officer” to be in charge of the local record or survey operation, or both, as the case may be, in any local area and officers shall exercise all the powers conferred on them by or under this Regulation so long as such local area is under record or survey operation or both. 108.When any local area is under survey operations the survey officer may issue a proclamation directions all the tenants and occupiers of land thereon to erect, within fifteen days of such proclamation, such boundary marks as he may think necessary to define the limits of their fields; and in default of their complying within the said period, he may cause such boundary marks to be erected, and this Deputy Commissioner shall recover the cost of their re-erection from such tenant and occupiers. 109.In case of any dispute concerning any boundaries the survey officers shall decide such dispute in the prescribed manner. 110.When any local area is under survey operations the survey officer shall prepare for each village therein a map and field book, which shall thereafter be maintained by the Deputy Commissioner as provided by or under this Regulation, instead of the map and field book previously maintained. 111. When any local area is under record operations the survey officer shall frame, for each village therein, the records specified in Chapter VIII of such of them as the Chief Commissioner may direct, and the record or portion thereof so framed shall thereafter be maintained by the Deputy Commissioner, instead of the record of portion of the record previously maintained. 112.All undisputed entries in the record-of-rights shall be attested by the parties interested, and all disputes regarding such entries, whether taken up by the survey officer on his own motion or upon application by any party interested, shall be disposed of by him. ----- Presumption as to entries Land revenue first charge on land Date on which land revenue falls due and is payable 113.All entries in the record-of-rights prepared in accordance with the provisions of this Chapter shall be presumed to be correct until the contrary is provided and all decisions under this Chapter in cases of dispute shall, subject to the adjudication of rights by a civil court having jurisdiction, be binding on all revenue courts in respect of the subjectmatter of such dispute; but no such entry or decision shall affect the rights of any person to claim an establish in civil court any interest in land which requires to be recorded in the record-of-rights prepared under section 83. **CHAPTER XI** **REALISATION OF LAND REVENUE** 114. The land revenue assessed on any land shall be first charge on that land and on the crops, rents and profits thereof. 115. (1) The land revenue payable on account of a revenue year shall fall due on the first day of that year. (2) The payment of land revenue may be made in cash or may, at the cost of the remitter be remitted by money order on of before such date, in such installments (if any) and to such persons as may be prepared. (3) Any period elapsing between the first day of the revenue year and any date prescribed for the payment of land revenue shall be deemed to be a period of grace, and shall not affect the provisions of sub section (1). 116. Any land revenue due and not paid on or before the prescribed date becomes therefrom an arrear, and the persons responsible for the payment thereof become defaulters. 117.(1) Where any person prescribed under sub-section (2) of section 115 receives payment from any other person on account of land revenue or an account of any sum of money recoverable as an arrear of land revenue shall grant a receipt to such other person for such sum in the prescribed form. (2) If any person fails to give receipt as required by sub-section (1), such person shall, on application by the payer, be liable by an order of the Tehsildar to pay a penalty not exceeding double the amount received. 118.If any installments of land revenue or any part thereof is not paid within one month after the prescribed date, the Sub-Divisional Officer may, in the case of willful defaulter, impose a penalty not exceeding ten percent of the amount not so paid. Provided that no such penalty shall be imposed for the nonpayment of any installment, the payment of which has been suspended by an order of the Chief Commissioner, in respect of the period during which the payment remained suspended. 119. The Chief Commissioner may, in accordance with the rules made under this Regulation, grant a remission or suspension of land revenue in areas in which crops have failed in any year. Definition of “arrear” and “defaulter” Persons receiving land revenue to give receipt Penalty for default of payment of land revenue Remission or suspension of land revenue on failure or crop ----- Certified account to be evidence as to arrear and defaulter Notice of demand Process of recovery of arrear Cost recoverable as past of arrear Enforcement of process in other districts Payment under protest and suit for recovery 120.(1) A statement of account, certified by the Deputy Commissioner or the Tehsildar shall, for the purpose of this Chapter, be presumed to be correct statement of the arrears of land revenue payable to Government or its amount, and of the person who is the defaulter, until the contrary is proved. (2) No notice to the defaulters shall be necessary before drawing up the statement referred to in sub-section (1). 121. The Tehsildar or Naib-Tehsildar shall cause a notice of demand in the prescribed form and containing the prescribed particulars to be served on any defaulter before the issue of any process under section 122 for the recovery of an arrear of land revenue. 122.An arrear of land revenue payable to Government may be recovered by the Tehsildar in the prescribed manner by any one or more of the following process, namely :(a) by attachment and sale of movable property belonging to the defaulter; (b) by attachment of the holding in respect of which the arrear is due and the sale of the interest of the defaulter therein and where such holding consists of more than one survey number or plot number by such sale in one or more of such survey numbers or plot numbers as may be considered necessary to recover the arrear; (c) by attachment and sale of the interest of the defaulter in any other immovable property : Provided that the process specified in clauses (a) and (c) shall not permit the attachment and sale of the following, namely :(i) the necessary wearing-apparel, cooking, vessels, beds and bedding of the defaulter, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (ii) tools of artisans and, if the defaulter is an agriculturist his implements of husbandry, except any implements driven by mechanical power and such cattle and seed as may, in the opinion of the Tehsildar, be necessary to enable him to earn his livelihood as such; (iii) article set aside exclusively for the use of religious endowments; (iv) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him. 123.The cost of serving a notice of demand under section 121 or of issuing and enforcing any process under section 122 shall be recoverable as part of the arrear in respect of which the notice was served or the process was issued. 124.The process specified in clauses (a) and (c) of section 122 may be enforced either in the district in which the default has been made or in any other district. 125.(1) If proceedings are taken under this Chapter against any person for the recovery of an arrear of land revenue he may, at any time before his interest in the property is knocked down at a sale, pay the amount claimed and may, at the same time, deliver a protest signed by himself or his authorized agent to the revenue officer taking such proceedings, and thereupon such proceedings shall be stayed. ----- Purchaser’s title Purchaser not liable for land revenue due prior to sale Moneys recoverable as an arrear of land revenue Application of proceeds of sale Interest of the defaulter in the property sold for arrears to be free from encumbrances (2) Any person complying with the provisions of sub-section (1) may, notwithstanding anything contained in section 120, object to the subdivisional Officer that nothing was due or that the amount were taken and the Sub-Divisional Officer shall decide the objection so raised. (3) Where the Sub-Divisional Officer decides that the amount due was less than the amount for the recovery of which proceedings were taken he shall as early as practicable refund the excess amount to such person. (4) No appeal shall lie against the order of the Sub-Divisional Officer passed under sub-section (2), but the person aggrieved by such order may institute a civil suit for the recovery of the sum paid under protest. 126. (1) The proceeds of every sale under this Chapter shall be applied firstly, in satisfaction of the arrears on account of which the sale was held and of the expenses of such sale, secondly, to the payment of any arrears of cesses due from the defaulter under any law for the time being in force, thirdly, to the payment of any other arrear payable to the Government by the defaulter, and forthly, to the payment of any arrears due form the defaulter to a co-operative society and the surplus, if any, shall then be payable to him, or where there are more defaulters than one, to such defaulters according to their respective interests in the property sold: Provided that the surplus shall not be paid to the defaulter or defaulter, as the case may be, until after expiry of two months from the date of the sale in the case of movable property or from such date as may be prescribed in the case of immovable property. (2) Notwithstanding anything contained in sub-section (1), the proceeds of sale under clause (c) of section 122 shall be applied first to the payment of arrears of land revenue payable by the defaulter for the immovable property sold up to the date of the sale, and the surplus, if any, shall be applied in accordance with sub-section (1). 127.Unless the Sub-Divisional Officer otherwise directs, the purchaser of the interest of the defaulter in the immovable property sold for arrears of land revenue, shall acquire such interest free of all encumbrances imposed on it and all grants and contracts made in respect of it, by any person than the purchaser. 128. (1) Where the interest of the defaulter in any immovable property is sold under the provisions of this Chapter and such sale has been confirmed by the prescribed authority in the prescribed manner such interest shall be deemed to have vested in the purchaser form the time when such interest is sold and not from the date on which the sale has been confirmed. (2) When a sale is confirmed under sub-section (1), the SubDivisional Officer shall put the person declared to be the purchaser in possession of the property and shall grant him a certificate in the prescribed form to the effect that he has purchased the interest of the defaulter in the property specified therein and such certificate shall be deemed to be a valid transfer of such interest. 129. The purchaser shall not be liable for land revenue payable in respect of the property for any period previous to the date of the sale. 130.The following moneys may be recovered, under this Regulation in the same manner as an arrear of land revenue, namely : ----- 2 of 1912 (a) all rents, cases, royalties, water rates, fees, charges, premia, penalties, fines and costs due to the Government under this Regulation; (b) all moneys falling due to the Government under any grant, licence, lease or contract which provide that they shall be recoverable in the same manner as an arrear of land revenue; (c) all sums declared by this Regulation, or any other law for the time being in force, to be recoverable in the same manner as an arrear of land revenue; and (d) any sum ordered by a liquidator appointed under the Cooperative Societies Act 1912, to be recovered as a contribution to the assets of a society or as the cost of liquidation : Provided that no action shall be taken on application for recovery of a sum specified in clause (d), unless such application is accompanied by a certificate signed by the Registrar appointed under that Act that the sum should be recovered as an arrear of land revenue. 131. Every person who may have become a surety under any grant or license made or granted under this Regulation whereunder the sum secured is recoverable from the principal as an arrear of land revenue shall, in failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against under the provisions of this Regulation in the same manner as for the recovery of arrears of land revenue **CHAPTER X11** **VILLAGE OFFICER** **_A-Chaudhari_** 132. (1) The Deputy Commissioner may appoint for each village or group of village one or more Chaudharis. (2) When there are two or more Chaudharis in a village, the Deputy Commissioner may distribute, subject to the rules made under this Regulation, duties of the office of Chaudhari among them in such manner as he may think fit. 133. The remuneration of Chaudharis shall be fixed by the Deputy Commissioner in accordance with the rules made under this Regulation 134. It shall be the duty of every Chaudhari, (a) to collect and pay into the Government Treasury land revenue and cases payable through him and such other Government dues ordered to be collected by him; (b) to furnish reports regarding the state of his village at such places and times at the Deputy Commissioner may fix in this behalf; (c) to prevent encroachments on waste land, public paths, and roadways in the villages; (d) to preserve such stations and boundary marks erected in his village by surveyors in the service of Government as may be made over to his care and to report any damage caused to such station of marks; (e) subject to rules made u[nder this Regulation, to keep the village in good sanitary condition; (f) to prevent unauthorized cutting wood or unauthorized removable of any minerals of other properties belonging to the Government; Recovery of money from surety Appointment of Chaudharis Remuneration of Chaudharis Duties of Chaudharis ----- Removal of Chaudharis Punishment of Chaudharis Appointment of substitute Chaudhari Entrustment of village management and duties of Chaudhari Appointment of Chaukidars and their duties Remuneration of Chaukidars Classes of tenants Occupancy tenants (g) to control and supervise the work of the chaukidar; (h) to perform such other duties as may be prescribed. 135. Subject to the rules made under this Regulation, the Deputy Commissioner may remove from office any Chaudhari. 136. A Chaudhari who is found negligent in the performance of any duty assigned to him by or under this Regulation shall be liable, under the orders of the Tehsildar, to a fine which may extend to twenty rupees. 137. Where a Chaudhari is temporarily unable to perform his duties the Sub-Divisional officer may, on his application or otherwise, appoint a substitute for a period not exceeding six months and the substitute so appointed shall for all the purposes of this Regulation, be deemed to be Chaudhari. 138. Notwithstanding anything contained in this Regulation, the Chief Commissioner may, subject to such conditions, as may be prescribed, entrust the management of a village or the performance of the duties assigned to a Chaudhari by or under this Regulation to a Gram Panchayat: Provided that no such entrustment shall be made except with the consent of the Gram Panchayat. **B-CHAUKIDAR** 139. (1) For each village or group of villages there shall be appointed, in accordance with the rules made under this Regulation, one or more Chaukidars for the performance of such duties as may be prescribed. (2) A Chaukidar who is found negligent in the performance of any duty assigned to him by or under this Regulation shall be liable under the orders of the Tehsildar, to a fine which may extend to twenty rupees. 140. The remuneration of Chaukidars shall be fixed by the Deputy Commissioner in accordance with the rules made under this Regulation. **CHAPTER XIII** **TENURE HOLDERS** 141. There shall be the following classes of tenants, namely :(i) Occupancy tenants; (ii) Non-occupancy tenants; (iii) Grantees and; and (iv) Licensees. 142. Every person belonging to any of the following classes shall be called an occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon an occupancy tenant by or under this Regulation, namely :(a) every person who, immediately before the commencement of this Regulation, had acquired the right of occupancy under the provisions of the Andaman & Nicobar Islands (Land Tenure) Regulation, 1926; --------------------------------------------------------------------------------------------------------- - Section 139 pf the Principal Regulation has been renumbered as SubSection (1) thereof and after Sub-Section (2) inserted vide Notification 3 of 1926 ----- 3 of 1926 3 of 1926 3 of 1926 3 of 1926 No. 128/76 F No.52-3/76-J.I dated 24[th] July, 1976 (b) every person who has, as a non-occupancy tenant, cultivated any holding, not being a holding situated within the local limits of the Port Blair Municipal Board, continuously for a period of two years from the commencement of this Regulation or of such tenancy, whichever is later, in accordance with the provisions of this Regulation and is not in arrears of land revenue. 143. Every person belonging to any of the following classes shall be called a non-occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon a non-occupancy tenant by or under this Regulation, namely :(a) every person who, immediately before the commencement of this Regulation, was a non-occupancy tenant under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926; (b) every person who is granted a licence under clause (ii) of section 146 in respect of any agricultural land. 144. (1) Every person belonging to any of the following classes shall be called a grantee and shall have all the rights and be subject to all the liabilities conferred or imposed upon a grantee by or under this Regulation, namely :(a) every person who, immediately, before the commencement of this Regulation, was in occupation, of any land in pursuance of a grant made under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926; (b) every person to whom a grant is made under clause (i) of section 146. (2) Not withstanding anything contained in sub-section (1), every person who, not being an occupancy or non-occupancy tenant, is in possession of any coconutt or arecanut plantation in the Nicobars immediately before the commencement of the Regulation otherwise than in pursuance of a grant of licence made or granted under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, shall be deemed to be grantee thereof for the purpose of this Regulation for such period as the Chief Commissioner may by notification specify from time to time. _Explanation – In this sub-section “Nicobars” means all the islands_ comprised in the Union Territory of the Andaman and Nicobar Islands lying south of 10 Degree Channel. 145. Every person belonging to any of the following classes shall the liabilities conferred or imposed upon licensee by or under this Regulation, namely :(a) every person who, immediately before the commencement of this Regulation, was in occupation of any land in pursuance of a licence granted under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926; (b) every person who is granted a licence in respect of any nonagricultural land under clause (ii)of section 146. 146. The Chief Commissioner may, on such terms and subject to such conditions as he thinks fit,(i) make to any person, for the cultivation of coconuts, coffee, rubber and other long-lived crops and for the construction of buildings and works to be used for the purpose of, or in connection with, such cultivation, a grant of land for any period not exceeding thirty years with an option for renewal for a like period: Non-occupancy tenants Grantees Licensees Power to make grants and licences ----- Licensee to construct a building Devolution Sub-letting Period that for the cultivation of rubber crop a longer period may be specified by the Chief Commissioner with the approval of the Government; (ii) grant a licence in writing to any person to occupy any land to such extend and for such purposes as may be prescribed. 147. A licence whether granted either before or after the commencement of this Regulation to occupy land and construct a building thereon may be liable to be cancelled if the licensee fails to construct the building on the site within a period of two years from the date of grant of the licence or such further time as the *(Deputy Commissioner) may allow. 148.Subject to his personal law, the interest of a tenant in his holding shall, on his death, pass by inheritance, survivorship or request as the case may be. 149. (1) Subject to the provisions of sub-section (2) and (3) no tenant shall, after the commencement of this Regulation, sub let for any period whatsoever any agricultural land comprised in his holding : Provided that nothing in this sub-section shall prevent a tenant who is a member of registered co-operative farming society from subletting any such land to such society. (2) A tenant who is(i) a person under disability ; or (ii) a person, being a permanent resident of the Union Territory of the Andaman and Nicobar Islands, but in the service of the Union and employed in the mainland of India ; or (iii) a public, charitable or religious institution; (iv) a local authority or a co-operative society, may sub-let the whole or any part of his or its holding: Provided that where a holding is held jointly by more than one person the provisions of this sub-section shall not be applicable unless all such persons belong to any one or more of the classes aforesaid: Provided further that any sub-letting made in pursuance of this sub-section shall cease to be in force on the expiry of the agricultural year immediately following the date on which such person ceases to belong to any one or more of the classes aforesaid. (3) Where on account of any unforeseen calamity a tenant is unable to cultivate his holding and obtains a certificate in that behalf from the Tehsildar, he may sub-let the whole or any part of his holding for one year during any consecutive period of three years. (4) Where a tenant had sub-let any agricultural land immediately before the commencement of this Regulation and the period for which such land was sub-let is not over at such commencement, the person to whom such land had been sub-let shall be entitled to remain in possession thereof after such commencement for the remaining period for which such land was sub-let or until the expiry of the agricultural year immediately following such commencement whichever is earlier. (5) The rent payable by sub-tenant in respect of any agricultural land held by him shall not exceed, _________________________________________________________ - In the Principal Regulation the power vested with the Chief Commissioner which has been delegated to Deputy Commissioner vide notification No. 124/75 F.52-1/75-I dt. 2-9-1975 ----- (a) where the rent is payable in kind as a share of the produce, one-fourth of the produce in such land or its value calculated in the prescribed manner, if plough cattle for the cultivation of such land is supplied by the tenant, and one fifth of such produce of its value as so calculated, if such plough cattle is not supplied by the tenant; (b) in any other case, four times the land revenue payable in respect of the land. (6) The rent payable by a sub-tenant shall, subject to the provisions of sub-section (5), be the rent agreed upon between him and the tenant or where there is no such agreement the reasonable rent which shall be determined in the prescribed manner. (7) The rent shall be paid at such time and in such manner as may be agreed upon or, in the absence of such agreement, as may be prescribed. (8) Every tenant receiving rent shall give or cause to be given to the sub-tenant a receipt for the same in such form as may be prescribed duly signed by him or his authorized agent. 150. Where a tenant sub-lets any holding or part there of in contravention of the provisions of section 149, such tenant and the person to whom the holding or part thereof has been sub-let shall, notwithstanding anything contained in any law, be liable to ejectment from such holding or part thereof. 151.(1) A tenant shall be liable to be ejected from his holding by an order of the Sub-Divisional Officer, made on any of the following grounds, namely :(a) he has done any act which is destructive or permanently injurious to the land comprising the holding; or (b) he had used such land for any purpose other than that for which it was given; or (c) he has transferred his interest is such land in contravention of the provisions of this Regulation of any rule made thereunder. (2) No order under sub-section (1) shall be passed unless the Sub-Divisional Officer has, by notice, called upon the tenant to show cause against his ejectment (3) No order for ejectment shall be executed before the 1[st] day of February or after the 30[th] day of April in any year. 152. (1) * Where, during the period of one agricultural year (a) an occupancy tenant or a non-occupancy tenant does not cultivate his holding or leaves the locality in which he usually resided without making any arrangement for the cultivation of his holding, or (b) a grantee does not cultivate the holdings given under the grant or leaves the village in which he usually resides without making proper arrangement for the maintenance of the holding given under the grant. The Sub-Divisional Officer may, after such enquiry as he may deem necessary, take possession of the land comprising the holing and arrange for its cultivation and upkeep by letting it out for a period of one agricultural year at a time on behalf of such occupancy tenant, nonoccupancy tenant of grantee --------------------------------------------------------------------------------------- - Amended and substitute vide Notification No. 128/76/ F. No. 523/76/J.I dated 24[th] July, 1976 Effected of subletting in contravention of section 149 Ejectment of tenant Abandonment of holding ----- (2) Where such occupancy tenant, non-occupancy tenant or grantee or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Sub-Divisional Officer took possession of the land, it shall be restored to him on payment of the dues, if any and on such terms and conditions as the sub-Divisional Officer may think fit. ** Provided that no such land shall be restored to the possession of the tenant or grantee or other person unless the period for which such land has been let out by the Sub-Divisional Officer under Sub-Section (1) has expired. (3) Where no claim is preferred under sub-section (2) or if a claim is preferred and disallowed the Sub-Divisional Officer shall make and order declaring the holding abandoned and the holding shall vest absolutely in the Government from such date as may be specified in that behalf in the order. (4) Where a holding is declared abandoned under sub-section (3), the liability of such occupancy tenant, non-occupancy tenant or grantee for the arrears of revenue due from him in respect thereof shall stand discharged. 153. (1) Subject to the provisions of this Regulation, a tenant may surrender his holding or any part thereof by making an application in writing to the Tehsildar intimating his intention to do so and by giving possession thereof whether such holding is or is not let. (2) Notwithstanding the surrender, unless the tenant applies before the first day of February in any year he shall be liable to pay the land revenue for the holding for the agricultural year next following the date of surrender. (3) Where only a part of the holding has been surrendered the Tehsildar shall apportion the assessment the holding, in accordance with the rules made under this Regulation. 154.(1) An occupancy tenant, non-occupancy tenant or a grantee may, by agreement, exchange any land comprised in his holding with the land of any other tenant of the same class with the previous permission of the Sub-Divisional Officer (2) When any land is exchanged under sub-section (1), a tenant shall have the same rights in the land so received by him in exchange as he had in the land given by him in exchange (3) Where the Sub-Divisional Officer permits any exchange under sub section (1) he shall also order the relevant records to be corrected accordingly. 155.(1) A tenant may sue in the court of the Sub-Divisional Officer for partition of his share in a holding comprising of agricultural land: Provided That where any question of title is raised no such partition shall be made, until such question has been decided by a civil court. (2) The Sub-Divisional Officer may, after hearing the co-tenure holders, divide the holding and apportion the assessment of the holding in accordance with the rules made under this Regulation. (3) No partition shall be allowed if it results in creating a holding, the area of which will be below two hectares. --------------------------------------------------------------------------------------** The provision to sub-section (2) of the Principal Regulation added vide Notification No. 128/76/ F. No. 52-3/76/J.I dated 24[th] July, 1976 Surrender Exchange Partition ----- Rights of trees in holding (4) Where in the course of partition the area of the holding of a co-tenure holder falls below two hectare, the Sub-Divisional Officer may, on an application being made in this behalf by such co-tenure holder, direct the sale of his interest in the holding to another co-tenure holder willing to purchase such interest at the price determined by the Sub-Divisional Officer in accordance with the rules made under this Regulation : Provided that if two or more co-tenure holders are willing to purchase such interest, the Sub-Divisional Officer shall order the sale to the co-tenure holder who offers to pay the highest price above the price determined by him. (5) If none of the co-tenure holders is willing to purchase the share of the co-tenure holder intending to sell his interest in the holding in accordance with sub-section (4), the Sub-Divisional Officer shall direct the sale of the interest of the co-tenure holders in the entire holding by public auction and shall distribute the proceeds of the sale after deducting the expences of the sale among the co-tenure holders in accordance with their respective interests in the holdings. (6) One suit may be instituted for the partition of more than one holding where all the parties to the suit are jointly interested in each of the holdings. 156. (1) Subject to the provisions of this section all trees standing in the holding of an occupancy tenant shall belong to him. (2) The transfer by an occupancy tenant of any trees standing in any land comprised in his holding except the produce of such trees shall be void unless his interest in the land itself is transferred. (3) Trees standing in any land comprised in the holding of an occupancy tenant shall not be attached or sold in execution of a decree or order of a civil court or under an order of a revenue officer or under an order made in pursuance of the provisions of any law for the time being in force unless his interest in the land itself is attached or sold. (4) All commercial trees standing in the holding of an occupancy tenant shall belong to the Government and it shall be the duty of the Government to remove or cause t be removed such trees form the holding within a period of five years from the commencement of this Regulation or the acquisition of the occupancy right by the tenant, whichever is later: Provided that where the Chief Commissioner is of opinion that it is not practicable to remove such trees within the said period of five year, he may, by notification, extend the said period of five years generally or in relation to any specified holding or class or holding by such further period or period as he thinks fit; so however that the total period so extended shall not, in any case exceed one year. (5) If any such trees are not removed within the aforesaid period or the period so extended, such trees shall, on the expiry of that period, belong to the occupancy tenant. 157. (1) A tenant shall be entitled to make any improvement in his holding for the better cultivation of the land or its more convenient use. Provided that he shall not plant trees in such a way as to diminish the value of any land not included in his holding. (2) If a tenant plants, or proposes to plant, trees in such a way as to diminish the value of any land not included in his holding, any person Rights to make improvement ----- Reduction of revenue during the currency of settlement Right to transfer affected thereby may apply to the Tehsildar for prohibiting the planting of trees on such land or directing the tenant to remove the trees already planted thereon and the Tehsildar may, after hearing the parties, either grant the application subject to such conditions as he thinks fit or eject it. (3) If a tenant has effected any improvement or any land comprised in his holding and his interest in the holding is extinguished under clause (b)or clause (c) or clause (3) of section 162, he shall be entitled to receive, in such extinguishment, such compensation for it as the revenue officer may determine in accordance with the provisions of sub-section (4) (4) The amount of compensation determined by the revenue office shall be the value of the improvement at the time of extinguishment of the tenancy, estimated with due regard to(a) the amount by which the value of the interest of the tenant in the land has increased by the improvement; (b) the condition of the improvement at the time of determination of compensation and the probable duration of its effect; (c) the labour and capital provided or spend by the tenant for the making of the improvement; and (d) any other matter which may be prescribed. 158. (1) At any time during the currency of any settlement the Deputy Commissioner may, in accordance with the rules made under this Regulation, on the application of a tenant or of his own motion reduce the land revenue in respect of any land on any of the following grounds, namely :(i)that the land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond the control of such tenant; (ii) that the area of the holding of the tenant has diminished for any reason, below the area in relation to which the land revenue was assessed (2) Where any reduction is ordered under sub-section (1), such reduction shall take effect from the commencement of the revenue year next following the date of the order. (3) If the cause for which land revenue has been reduced under sub-section (1) subsequently ceases or is removed. The Deputy Commissioner may, after giving the tenant a reasonable opportunity of being heard, make an order directing that such reduction shall ceases to be in force and on such order being made the reduction shall stand removed from the commencement of the revenue year next following the date of the order. 159. (1) * Subject to the provisions of section 186 an occupancy tenant may transfer interest in his land. Provided that an occupancy tenant, from whom any amount by way of loan or otherwise is due to the Government shall not transfer such interest except with the previous permission in writing of the Deputy Commissioner. (2) * Notwithstanding anything contained in sub-section (1) or any other law for the time being in force. __________________________________________________________ - Amended and substitute vide Notification No. 128/76/ F. No. 523/76/J.I dated 24[th] July, 1976 ----- (i)no mortgage of his interest in any land by an occupancy tenant shall be valid unless at least two hectares of land is left with him free from any encumbrance of charge; (ii)no occupancy tenant shall have the right to transfer his interest in any land if after such transfer the total extent of the land held by him will be reduced below two hectares; and (iii) the interest of an occupancy tenant in any land to the extent of two hectares, shall not be liable to be attached or sold in execution or any decree or order of any court. Provided that nothing in this sub-section shall prevent an occupancy tenant from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public, religious or charitable purpose of a bank, or shall effect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in the execution of a decree or order of any court. (3) (a) A grantee may mortgage or transfer any interest in his land with the previous permission in writing of the *Deputy Commissioner. (b) The interest of a grantee in any land to the extend of two hectares, shall not be liable to be attached or sold in execution of a decree of order of any court ; Provided that nothing in this sub-section shall prevent a grantee form mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government r a cooperative society or an institution established for public, religious or charitable purpose or a bank or shall affect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in execution of decree or order of any court. ** (4) (5) Where an occupancy tenant effects a mortgage other than usufructuary mortgage of his interest in the land than notwithstanding anything contained in the mortgage deed, the total amount of interest aceruing under the mortgage shall not exceed one half of the principal amount advanced by the mortgagee. (6) Notwithstanding anything contained in the India Registration Act 1908 no officer empowered to register document which purports to conravence the provisions of this section. (7) Nothing in this section shall apply to any transfer or his interest in any land made by an occupancy tenant or a grantee before the commencement of this Regulation. (8) The interest of non-occupancy tenant shall be non-transferable. 16 of 1908 -------------------------------------------------------------------------------------- - In the Principal Regulation the power vested with the Chief Commissioner which has been delegated to Deputy Commissioner vide Notification No. 124/75 F. 52-I/ 75-I dated 2-9-1975. ** Omitted vide the Notification No. 128/F.Np. 52-3/76-J I dated 24-7-1976 ----- 10 of 1949 23 of 1959 38 of 1959 5 of 1970 10 of 1963 21 of 1976 10 of 1949 # ♠ Provided that nothing in this sub-section shall prevent a grantee from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public; religious or charitable purpose or a bank or shall affect the right of the case may be to sell such interest for the recovery of such load in execution of decree or order of any court. ♥ (9) The interest of a licencee of a non-agricultural land shall not be transferable except with the previous permission I writing of the * Deputy Commissioner and subject to such terms and conditions as may be specified by him. Provided that where within a period of four months after the receipt of any application from any licencee, for permission to transfer his interest in any non-agricultural land being a house site, the Chief Commissioner does not refuse permission of upon refusal, does not communicate the refusal to the licencee, then the Chief Commissioner shall be deemed to have granted permission for transfer. - _Explanation_ : I – For the purpose of this section “Schedule Tribe” shall have the same meaning as in clause (25) of article 366 of the constitution - _Explanation_ : II – For the purpose of this section “Bank” means banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes (i) The State Bank of India constituted under the State Bank of India Act, 1955; (ii) A subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Acts, 1959; (iii)A corresponding new bank constituted under section 3 of the Banking Companies (acquisition and Transfer of undertakings) Act, 1970; (iv) the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act 1963; (v) a Regional Rural Bank established under sub-section (i) of section 3 of the Regional Bank Acts, 1976; (vi) a banking institution notified by the Central Government under section 52 of the banking Regulation Act, 1949l (vii) any other financial or banking institution notified by the Central Government in the official Gazette as a bank for the purpose of this Regulation. __________________________________________________________ # ♠ Proviso dated vide Notification No. No. 128/F.Np. 52-3/76-J I dated 24-7-1986 ♥ As amended vide Notification No. No. 128/F.Np. 52-3/76-J I dated 24-7-1976. In the Principal Regulation, the power vested with the Chief Commissioner which has been deligated to the DC vide Notification No. 124/75/52-1/75-J.I dated 2-9-1976. - Explanation below sub-section (9) re-numbered as Explanation I and after Explanation I so renumbered, the Explanation II inserted vide Notification No. 128/F.No. 52-3/76-J I dated 24.7.1976. ----- 160.If a transfer of interest in land is made in contravention of the provisions of clause (ii) of sub-section (2) of section 159 the interest so transferred shall stand forfeited to the Government in accordance with such rules as may be made in that behalf. 161. (1) If after the commencement of this Regulation any tenant is disposed of any lands held by him otherwise than by process of law, he may within two years from the date of such dispossession apply to the Tehsildar for his reinstatement in such land. (2) On receipt of an application under sub-section (1). The Tehsildar shall, after making an enquiry into the respective claims of the parties, pass order on the application and when he orders the restoration of possession to the tenant, put him in possession of the land. (3) The Tehsildar may, at any stage f the enquiry under subsection 2, pass an interim order for delivery of possession of the land to the applicant, if he finds that the applicant was dispossessed by the opposite party within six months prior to the date of submission of the application under sub-section (1) and if possession in not delivered to the applicant, the Tehsildar shall cause the opposite party to be ejected. (4) When an interim order has been passed under sub-section (3), the opposite party may be required by the Tehsildar, to execute a bond for such sum a he may deem fit for abstaining from talking possession of the land until the final order is passed by him. (5) If the person executing the bond under sub-section (4), is found to have entered into, or taken possession of the land in contravation of the bond, the Tehsildar may forfeit the bond in whole or in part and may recover such amount from such person as an arrear of land revenue. (6) If the order passed under sub-section 2 is in favour of the applicant, the Tehsildar shall also award a reasonable compensation to be paid to the application by the opposite party. Provided that the amount of compensation shall not exceed ten times the land revenue payable in respect of the land for each year’s occupation. (7) Any compensation awarded under this section shall be recoverable as an arrear of land revenue. 162. The interest of tenant in his holding or any part thereof shall be extinguished, (a) when he dies leaving no heir entitled to his interest under this Regulation; or (b) when he surrenders his holding or such part; or (c) when the holding or such part has been transferred, letout or used in contravention of the provisions of this Regulation; or (d) when the land comprised in the holding has been acquired under any law for the time being in force, relating to acquisition of land; or(e) When he has been ejected under this Regulation; or (f) when he has been deprived of possession and his right to recover possession is barred by limitation ; or (g) when his holding is declared as abandoned. Forfeiture in case of certain transfers Reinstatement of wrongfully ejected tenant Extinguishment of tenancies ----- Definitions Initiation of consolidation proceedings Rejection of application Admission of application Preparation of scheme for consolidation of holdings **CHAPTER XIV** **Consolidation Of Holdings** 163. In this Chapter, (i)“Consolidation of holdings” means the redistribution of all or any of the land in a village, so as to allot to the tenants contiguous plot of land for the convenience of cultivation; (ii) “consideration officer” means of a revenue officer, not below the rank of a Tehsildar, appointed by the Chief Commissioner for any district or districts to exercise the powers, and to perform the duties of consideration officer under this Regulation; (iii) “scheme” means a scheme for the consolidation of holdings; (iv) “tenant” does not include a grantee or a licensee of nonagricultural land. 164. (1) Any two or more tenants in a village holding together not less than the prescribed minimum area of land may apply in writing, stating such particulars as may be prescribed, to be consolidation officer for the consolidation of their holdings (2) The Deputy Commissioner may of his own motion direct the consideration officer to make an enquiry into the feasibility of consolidation of holdings. (3) If two-third of the tenants in a village apply for consolidation of their holdings or if in the course of an enquiry conducted in pursuance of an application made under sub-section (1) or in pursuance of a direction under sub-section(2), two-thirds of the tenants of any village make an application agreeing to the consideration of their holdings, such application shall be deemed to be an application on behalf of all the tenants of the village 165. (1) If on receipt of any such application or at any stage of the proceedings thereon, there appears to be good and sufficient reason for disallowing the application or for excluding the case of any applicant from consideration, the consideration officer may submit the applicant to the Deputy Commissioner with recommendation that the application be rejected in whole or in part. (2) The Deputy Commissioner on receipt of the recommendation may accept it and pass orders accordingly or may order further inquiry 166. If the consideration officer admits the application he shall proceed to deal with the same in accordance with the procedure laid down by or under this Regulation 167. (1) If the tenants making the application under section 164 submit a scheme mutually agreed to the consolidation officer shall in such manner as may be prescribed, examine it and, if necessary, modify it. (2) If no scheme is submitted with the application, the consideration officer shall prepare a scheme in such manner as may be prescribed and invite objections, if any, on the scheme in the prescribed manner form the persons likely to be affected thereby. (3) If the consolidation officer is of opinion that the redistribution of the land in accordance with the scheme will have the result of allotting to any tenant an interest in any holding or land of a less market or productive value than that of his interest in the original holding or land the scheme may provide for the payment of compensation to such tenant by such person or persons as the consolidation officer may direct. ----- (4) The amount of compensation payable under sub-section (3) shall be calculated as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894. (5) When the scheme is complete, the consolidation officer, after considering and as far as possible removing the objections, if any, made to the scheme, shall submit it for confirmation to the Deputy Commissioner. 168. The Deputy Commissioner may either confirm the scheme with or without modifications or refuse to confirm it after considering the objection or objections, if any to the scheme and the recommendation of the consolidation officer, and the decision of the Deputy Commissioner shall, subject to any order that may be passed in revision by the Chief Commissioner under section 33, be final. 169. (1) When a scheme is confirmed (i) it shall be binding, if the scheme is in relation to case falling under sub-section (3) of section 164, on all the tenants of the village and on all persons who may subsequently be entitled to hold or occupy the land affected by the scheme and, in any other case, on the applicants and those who have agreed to the consolidation of their holdings and on all persons who may subsequently be entitled to hold or occupy the land affected by the scheme; (ii) the consideration officer shall, if necessary, demarcate the boundaries of the holdings and shall proceed to announce the decisions finally made and case to be prepared in accordance with the scheme a new field map, record of rights, other records prescribed under section 88 and Nistar Patrak (village administration paper). (2) The new records prepared under sub-section (1) shall be deemed to have been prepared under Chapter VIII or Chapter XVI, as the case may be. 170. The Tenants on whom a scheme is binding shall be entitled to possession of the holdings allotted to them under the scheme, from the commencement of the agricultural year next following the date of confirmation of the scheme, and the consolidation officer shall, if necessary, put them by warrant in possession of the holdings to which they are entitled: Provided that if all the tenants agree, they may, after confirmation, be put into possession of the holdings to which they are entitled by the consolidation officer from any earlier date. 171. (1) Notwithstanding anything contained in this Regulation, the rights of tenants in their holdings shall, for the purpose of giving effect to any scheme affecting them, be transferable by exchange or otherwise and no person shall be entitled to object to or interfere with any transfer made for the said purpose (2) The consolidation officer may also transfer by exchange or otherwise any land belonging to the Government where such transfer is necessary for the purpose of giving effect to any scheme. 172. Notwithstanding anything contained in any law for the time being in force – (a) no instrument in writing shall be necessary in order to give effect to a transfer involved in carrying out any scheme; and (b) no such instrument, if executed, shall require registration. 1 of 1894 Confirmation of scheme Consequences of confirmation Rights of tenants to possession of holdings Transfer of rights of tenants in holdings No instrument necessary to effect transfer ----- Cost of carrying out scheme Recovery of compensation Suspension of partition proceedings during currency of consolidation proceedings Transfer of property during proceedings Rights of tenants after consolidateon to be the same as before Encumbrances of tenants Formation of Cooperative farm 173.(1) The consolidation officer shall, unless the Chief Commissioner for sufficient reasons directs otherwise, recover from the tenants whose holdings are affected by the scheme the cost of carrying out the scheme, which shall be assessed in accordance with the rules made under this Regulation. (2) The consolidation officer shall apportion the costs among the tenants liable to pay the same according to the occupied area of the holdings affected by the scheme. 174. Any amount payable as compensation under sub-section (3) of section 167 of sub-section (2) of section 178, shall be recoverable as an arrear of land revenue. 175.When an application for the consolidation of holdings has been admitted under section 166, no proceedings for partition of the holding which will affect the scheme shall be commenced and all such proceedings pending shall remain in abeyance during the continuance of the consolidation proceedings. 176. Notwithstanding anything contained in this Regulation when an application for the consolidation of holdings has been be binding shall have power, during the continuance of the consolidation proceedings, to transfer or otherwise deal with his interest in any part of his original holding or land so as to affect the rights of any other tenant thereto under the scheme. 177. A tenant shall have the same rights in the holding or land allotted to him pursuance of a scheme as he had in his original holding or land 178. (1) If the holding of any tenant included in a scheme was burdened with a lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance, shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the consolidation officer may determine and thereafter the lessee, mortgage or other encumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (1), is of less market value than the original holding from which it is transferred, the lessee, mortgage of other encumbrancer, as the case may be, shall be entitled to the payment of such compensation by the person concerned as the consolidation officer may determine. (3) Notwithstanding anything contained in sub-section (1) or any other law for the time being is force the consolidation officer shall, if necessary, put any lessee of any mortgage or other encumbrance entitled to possession by warrant into possession into of the holding of part of a holding to which his lease, mortgage or other encumbrance has been transferred under sub-section (1). **CHAPTER XV** **Co-operative Farms** 179. Any ten or more occupancy tenants holding between them twelve hectares or more of land in any circle referred to in section 79 or section 80 and desiring to start a co-operative farm, may apply in writing to the ----- 2 of 1912 2 of 1912 Land held by a member to be transferred to the farm Consequences of registration Bye laws of the farm Land contributed to the farm to continue to vest in the occupancy tenant Disposition of land contributed to the farm Rights, privileges obligations and liabilities of members Contribution by a member Liability of the farm to pay land revenue and other dues Admission of new members Application of registration Registration of Co-operative farm 2 of 1912 2 of 1912 Registrar appointed under the Co-operative Societies Act, 1912, hereinafter referred to as the ‘Registrar’, for the registration thereof. 180. An application for the registration of co-operative farm shall be accompanied by extracts from the record-of-rights showing the total area with the recorded numbers of all the fields held by each of the applicants in the circle and shall contain such further particulars as may be prescribed. 181.The Registrar may, if he is satisfied after such enquiry as may be prescribed that the application has been duly made, register the Cooperative Societies Act, 1912 and grant a certificate of registration. 182. When a co-operative farm has been registered under section 181 all lands in the circle held by the members shall, for so long as the registration of the co-operative farm is not cancelled, be deemed to be transferred to and held by the co-operative farm which shall thereupon hold such land in accordance with the provisions of this Chapter, and may, notwithstanding anything contained in this Regulation, use it for purpose of agriculture or for the development of cottage industries. 183. When a certificate of registration in respect of any co-operative farm has been granted under section 181, the provisions of the societies Act, 1912 shall, in so far as they are not inconsistent with the provisions of this Regulation or the rules made thereunder, be applicable thereto. 184. Every application submitted under section 179 shall be accompanied with a copy of the proposed bye-laws of the cooperative farm and such bye-laws shall be deemed to be the bye-laws required to be field under subsection (3) of section 8 of the co-operative Societies Act, 1912. 185. Nothing in this Chapter shall be constructed to mean that the interest of an occupancy tenant in the land contributed to be the cooperative farm has ceased to vest in him. 186. No member of a co-operative farm shall be entitled to make any disposition of any land contributed by him to the farm. 187.Every number of a co-operative farm shall be entitled to such rights and privileges, be subject to such obligations and liabilities and be bound to discharge such duties as may be conferred or imposed upon him by or under this Regulation. 188.Subject to such exceptions as may be prescribed, every member shall be bound to contribute to the co-operative farm to such extent and in such manner as may be prescribed(i) funds; (ii) personal labour; (iii) agricultural implementations and such other articles as may be prescribed. 189. The co-operative farm shall, as from the date it is constituted, be liable for the payment of all the land revenue and cesses in respect of the land held by it. 190. Any person, who is a resident of the circle where the co-operative farm is situated or who intends to settle down in the circle or who cultivates and there in may be admitted as a member thereof upon such terms and conditions as may be laid down by the farm ----- Heirs entitled to become members of the farm Concessions and facilities for the cooperative farm Provisions of Chapter to apply to grantee 67 of 1957 Record of unoccupied land Preparation of Nistar Patrak Matter to be provided for in Nistar Patrak Provision in Nistar Patrak for certain matters 191. When a member, whose land is held by a co-operative farm, dies his heirs entitled to his interest under section 148, shall become members of the co-operative farm. 192. (1) A co-operative farm shall be entitled to such concessions and facilities as may be prescribed. (2) Without prejudges to the generality of the foregoing provision, the concessions and facilities may include(a) reduction of land revenue, (b) reduction of, or exemption from, agricultural income-tax, (c) free technical advice from experts employed by the Government, (d) financial aid and grant of subsidy and loans with or without interest. 193. The provisions of this Chapter shall _mutatis mutandis apply in_ relation to grantees as they apply in relation to occupancy tenants. **CHAPTER XVI** **Rights In Abadi And Unoccupied Land And Its Produce** 194. A record of all unoccupied land shall be prepared and maintained for every village in such manner as may be prescribed. 195. (1) The Deputy Commissioner shall, consistant with the provisions of this Regulation and the rules made thereunder, prepare a Nistar Patrak (Village administration paper) embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto and including in particular matters specified in section 196. (2) A draft of the Nistar Patrak shall be published in the village and after ascertaining in wishes of the residents of the village in the prescribed manner, the Deputy Commissioner may finalise the draft with or without modifications. (3) On a request being made by the Gram Sabha, or where there is no Gram Sabha, on the application of not less that one-fourth of the adult residents of a village, or of his own motion the Deputy Commissioner may, at any time, modify any provision in the Nistar Patrak after such enquiry as he deems fit. 196. The following matters shall be provided in the Nistar Patrak referred to in section 195, namely :(a) the terms and conditions on which grazing of cattle in the village may be permitted; (b) the terms and conditions on which and the extend to which any resident of the village may obtain(i) wood, timber, fuel or any other, forest produce, (ii) mooram, kankar, earth, or any minor mineral; (c) the instructions regulating generally the grazing of cattle and the removal of the articles mentioned in clause (b); (d) any other matter required to be recorded in the Nistar Patrak by or under this Regulation. _Explanation - In this section and in section 197 the expression “minor_ minerals” shall have the meaning assigned to it in clause (e) of section 2 of the Mines and Minerals (Regulation and Development) Act, 1957. 197. In preparing the Nistar Patrak as provided in section 196 the Deputy Commissioner shall, as far as possible, make provision for ----- Deputy Commissioner to set apart unoccupied land for certain purposes (a) free grazing of the cattle used for agriculture; (b) removal, free of charge, by residents of the village for their _bona fide domestic consumption of –_ (i) forest produce; (ii) minor minerals; (c) concessions to be granted to the village craftsmen for the removal of forest produce or minor minerals for the purpose of rheir craft.; 198. (1) Subject to such rules as may be made under this Regulation, the Deputy Commissioner may set apart unoccupied land for the following purposes, namely : (a) for timber or fuel reserve; (b) for paster or fodder reserve; (c) for burial ground and cremation ground; (d) for keeping cattle; (e) for encamping ground; (f) for threshing floor; (g) for bazaar; (h) for skinning ground; (i) for manure pits; (j) for any public purpose such as schools, playgrounds, parks, roads lanes and draines; (k) for any other purposes which may be prescribed. (2) Lands set apart specially for any purpose mentioned in subsection (1) shall not otherwise be diverted for any other purpose without the previous sanction of the Deputy Commissioner. (3) Notwithstanding anything contained in this section, if the Deputy Commissioner is satisfied that any unoccupied land set apart for any of the suitable for such purposes mentioned in sub-section (1) is not immediately required or suitable for such purpose, he may allot such land to such person, for such periods and purposes and on such terms and conditions, as may be prescribed. (4) Where any land is allotted under sub-section (3), nothing in Chapter XIII shall apply to the allottee of such land. 199. If the Chief Commissioner is of opinion that the cutting of any trees in any unoccupied land is detrimental to public interest or that it is necessary to prohibit or regulate the cutting of any trees in such land for preventing soil erosion he may, by general or special order, prohibit or regulate the cutting of such trees. 200. Where the area reserved for abadi is, in the opinion of the Deputy Commissioner, insufficient, be may reserve such further area for abadi from the unoccupied land in the village as he may think fit. 201. (1) The Government reserves the right, in respect of every land to and over the foreshore, quarries, mines, stone, slate, chalk clay, precious stones, gold washing, coal and other minerals and mineral oils and also to all stream water courses and public thoroughfares within or traversing the said lands or any part thereof, unless any or all of them are expressly specified for alienation in any instrument made by the Government. (2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, Prohibiting of cutting of certain trees Abadi Government’s title to minerals ----- 1 of 1894 including the erection of offices, workmen’s dwellings, machinery, the stacking of minerals and deposit of refuse, the construction of roads or tram-lines and any other purposes which the Government may declare to be subsidiary to mining and quarrying. - (2) (a) “The Government may assign to any person, its right over any minerals, mines or quarries and the Chief Commissioner may with the previous approval of the Government assign to any person the right of the Government over minor minerals. _Explanation- In this sub-section, the expression “minor minerals”_ has the same meaning assigned to it in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957.” ** (3) If the Government or the Chief Commissioner has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right it is necessary that all or any of the power specified in sub-section (2) should be exercised, the Deputy Commissioner may, by order in writing and subject to such conditions and reservations as he may specify, authorise the person to whom such right has been assigned to exercise such powers: ** (4) If, in the exercise of any right over any land under this section, the rights of any person are infringed by the occupation or disturbance of such land, the Government or the Chief Commissioner or the assignee shall pay to such person compensation for such infringement and the amount of such compensation shall be calculated by the Sub-Divisional Officer, or if is award is not accepted, by the civil court, as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894 ** (5) If an assignee fails to pay compensation as provided in subsection (4), the Deputy Commissioner may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue ** (6) If any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in the Government and has not been assigned to him by, the Government or the Chief Commissioner, such person shall, without prejudice to any other action that may be taken against him, be liable on the Exceeding a sum calculated at double the market value of the minerals so extracted or removed: Provided that if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Deputy Commissioner may impose. ** (7) Without prejudice to the provisions of sub-section (6). the Deputy Commissioner may seize and confiscate any mineral extracted or removed from any mine or quarry the right to which vests in, the Government and has not been assigned by, the Government or the Chief Commissioner. __________________________________________________________ - Sub-section 2(a) inserted vide Notification No. 128/F.No. 52-3/76-J.I dated 24-7-76. ** Sub-section 3, 4, 5, 6 and 7 of section 201 of Principal Regulation are amended vide Notification No. 128/F.No. 52 3/76 JIdt. 24-7-76. ----- Penalty of unauthorized occupation of land Penalty of contravention of provisions 202. (1) Any person who unauthorisedly takes or remains in possession of any unoccupied land or abadi may be summarily ejected by order of the Tehsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such times as the Tehsildar may fix, shall be liable to forfeiture. (2) Any property forfeited under sub-section (1) shall be disposed of in such manner as the Tehsildar may direct and the cost of removal of any crop, building or other work and of all works necessarily to restore the land to its original condition shall be recoverable from such person as an arrear of land revenue. (3) Such person shall, subject to the provisions of sub-section (5), also be liable, at the discretion of the Tehsildar, to a fine which may extend to two hundred and fifty rupees.’ (4) The Tehsildar may apply the whole or any part of the fine imposed under sub section (3) to compensate persons who may, in his opinion, have suffered loss or injury from such unauthorized occupation. (5) If any case, the Tehsildar considers that circumstances of the case warrant imposition of a fine exceeding two hundred and fifty rupees he may refer the case to the Sub-Divisional Officer who shall then, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit. (6) If any person ordered to be ejected under sub-section (1) has constructed any work of a permanent nature under a _bonafied_ mistake, he may apply to the Deputy Commissioner for condonation of the encroachment and the Deputy Commissioner may, if satisfied that the work was constructed in under a bonafied mistake and that the land can be allowed to remain in the possession of such person without any serious detriment to public purpose, condone the encroachment under such terms as he may deem fit. (7) No order made under sub-section (1) shall prevent any person from establishing his rights in a civil court. (8) If notice of an intention to institute a suit is delivered to the Tehsildar, he shall desist from carrying out his order under sub-section (1) for a period of three months, and if such suit is filed within such period he shall stay his proceedings pending the decision of the civil court. 203.(1) Save as otherwise provided in this Chapter any person who acts in contravention of the provisions of this Chapter or of the provisions of the Nistar Patrak prepared under section 195 shall be liable to such penalty not exceeding two hundred rupees as the Divisional Officer may, after giving such person an opportunity to be heard, deem fit and the Sub-Divisional Officer may further order confiscation of any timber, forest produce, or any other produce which such person may have unlawfully appropriated or removed. (2) Where the Sub-Divisional Officer passes an order imposing a penalty under this section, he may direct that the whole or any part of the penalty may be applied to meet the cost of such measures as may be necessary to prevent loss or injury to the public owing to such contravention. ----- 7 of 1870 **CHAPTER XVII** **Miscellaneous** 204. No suit or other proceeding shall, unless otherwise expressly provided in this Regulation, lie or be instituted in any civil court with respect to any matter arising under and provided for by this Regulation. 205.Notwithstanding anything contained in the Court-fees Act, 1870, every application, appeal or other proceeding under this Regulation shall bear a court-fee stamp of such value as may be prescribed. 206. No suit, prosecution or other proceeding shall lie (a) against any officer of the Government for anything in good faith done or intended to be done under this Regulation ; (b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Regulation. 207. With the previous approval of the Government, the Chief Commissioner may, by notification exempt any class of land from all or any of the provisions of this Regulation. 208. The Chief Commissioner may, by notification, delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this Regulation, other than the power to make rules, to be exercised subject to such restriction, and conditions as may be specified in the notification. 209. If any difficulty arises in giving effect to any provision of this Regulation, the Government may, as occasion required, take any action not inconsistent with the provisions of this Regulation which may appear to it necessary for this purpose or removing the difficulty. 210. (1) The Chief Commissioner may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Regulation. (2) In particular and without prejudice to the foregoing power, such rules may provide for all or any of the following matters namely:(i) the manner of preservation or disposal of trees, brushwood, jungles or other natural product under sub-section (2) of section 38; (ii) the manner of assessment of lands revenue under section 40; (iii)the manner of assessment of lands revenue on unassessed land under section 41; (iv) the manner of inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes under section 45; (v) the manner of measurement of lands to which revenue survey extends, construction of survey marks thereon, division of lands into survey numbers and grouping the survey numbers into villages, under section 49; (vi) the manner of carrying out division of survey numbers into sub-division and the apportionment of the assessment of the survey numbers amongst the sub-division and the limit of the area or land revenue for recognition of sub-division of a survey number, under section 51; Jurisdiction of civil courts excluded Court-fee Protection of action taken is good faith Powers to exempt Delegation of powers Power to remove difficulties Power to make rule ----- (vii) the records in which the area and assessment of survey numbers and sub-divisions of survey numbers may be entered under section 52; (viii) the form and the manner in which and the period for which the table of assessment rates may be prepared and published section 55; (ix) the manner in which the estimated rental value of the land may be determined under sub-section (4) of section 58; (x) the manner in which notice of assessment may be given under section 59; (xi)the manner of altering the boundaries of a village, dividing a village into two or more villages or uniting two or more villages into one, under section 62; (xii) the member of dividing lands in urban areas into plot numbers, recognizing existing survey numbers as plot numbers, reconstituting plot numbers and forming new plot numbers, under section 68; (xiii) the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot numbers amongst the subdivisions and the limits, either of area or of land revenue or both, in any local area for recognition of sub-divisions, under section 69; (xiv) the records in which the area and assessment of plot numbers and sub-divisional of plot numbers may be entered under section 70; (xv) the special purposes to which regard may be had in forming blocks under section 71; (xvi) the manner of publishing the standard rates under section 72; (xvii) the manner of determining the average annual letting value of land, and of fixing standard rates of assessment on land held for agricultural purposes under section 73; (xviii) the duties of patwaris under section 79; (xix) the duties of revenue inspectors, town surveyors, assistant town surveyors and measurers under section 81; (xx) the authority by which the field map may be prepared under section 82; (xxi) the form and the manner in which the record-of-rights shall be prepared and maintained under section 83 and the particulars which may be included in the record –of-rights; (xxii) the form of acknowledgement to be given by the patwari under section 84 and sub-section (4) of section 85; (xxiii) the officers by whom and the manner in which objection entered in the register of mutation may be certified under subsection (5), and the manner in which entries in the register of mutation may be transferred to the record-of-rights under sub-section (6), of section 85 (xxiv) the preparation of land records under section 88; (xxv) the officers by whom and the fees on payment of which certified copies of entries in the record-of-rights may be granted under section 94; (xxvi) the restriction and condition subject to which and the fees on payment of which the public may be allowed to inspect maps and land records under section 95; ----- 3 of 1926 (xxvii) the specification of, and the manner of construction and maintenance of, boundary marks of villages, survey numbers and plot numbers, under section 96; (xxviii) the manner in which disputes concerning any boundaries may be decided by survey officers under section 109; (xxix) the date on which, the installment in which and the persons to whom land revenue may be paid under section 115; (xxx) the circumstances in which remission or suspension of land revenue may be granted and the rate of such remission or suspension under section 119; (xxxi) the procedure to be observed in effecting attachment and sale of movable and immovable properties and the procedure of publishing conducting, setting aside and confirming sales and all other ancillary matters connected with such proceedings, under section 122; (xxxii)the authority by whom and the manner in which the sale of the interest of the defaulter in the immovable property may be confirmed under section 128; - (xxxii (a) ) the inspection by officers of land in respect of which a grant has been made or licence has been granted under section 146 and the carrying out by grantees and licencees of such preventive or remedial measures as may be necessary for the protection of plants or crops in such land; (xxxiii) the manner in which reasonable rent payable by a sub-tenant may be determined under sub-section (6) of section 149; (xxxiv) the minimum area of land to be held by two or more tenants, together for making an application for consolidation of their holdings under section 164; (xxxv) the manner in which the scheme of consolidation of holding may be prepared and objections thereto may be invited, under section 167; (xxxvi) the manner of assessment of costs of carrying out the scheme of consolidation of holdings under section 173; (xxxvii) the particulars which an application for the registration of a co-operative farm may contain under section 180; the concessions and facilities to which a co-operative farm may be entitled under section 192; (xxxviii) the manner in which the record of unoccupied lands may be prepared and maintained under section 194; (xxxix) any other matter which is to be, or may be, prescribed. 211. (1) The Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, is hereby repealed. (2) The repeal of the said Regulation shall not effect,-\ (a) the previous operation of the said Regulation or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued, or incurred under the said Regulation; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation; or ------------------------------------------------------------------------------------- - Inserted vide Notification No. 128/76 F.No. 52-3/75-J.I dated 24-71976. Repeal ----- (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said Regulation had not been repealed. (3) Subject to the provision contained in sub-section (2), anything done or any action taken under the said Regulation and the rules made thereunder shall in so far as it is not inconsistent with the provision of this Regulation, be deemed to have been done or taken under this Regulation and shall continue to be in force until done or taken under this Regulation and shall continue to be in force until suppressed by anything done any action taken under this Regulation. 212. Notwithstanding anything contained in this Regulation(a) all cases pending before the Chief Commissioner or any revenue officer at the commencement of this Regulation shall be disposed of according to the law which would have been applicable to such cases had his Regulation not been passed; (b) all cases pending before civil court at the commencement of this Regulation which would under this Regulation be triable by a revenue court, shall be disposed of by such civil court according to the law which would have been applicable to such cases had this Regulation not been passed; and (c)all further proceedings with respect to the cases referred to in clause (a) and (b) whether by way f appeal; revision, review or otherwise, shall be taken or instituted and disposed or according to the law which would have been applicable to such proceedings had this Regulation not been passed. ____________________ Transitory provision. ----- **THE SCHEDULE** _[See Section 2(6)]_ List Of Commercial Trees 1. White Dhup (Canarium euphyllum) 2. Bakota (Endoperium malaccense) 3. Kadam (Anthocephalus cadmba) 4. Didu or Demul (Bombax insigne) 5. Papita (Sterculia camponulata) 6. Lambapathi (Sideroxylonlon gepetiolatum) 7. Evodia (Evodiaglabra) 8. Red Dhup (Parishis insignis) 9. Lethok (Stercullia alata) 10. Thitpok (Tetrameles nudiflora) 11. Gurjan (Dipterocarpurs spp.) 12. White Chuglam (Terminalia bialate) 13. Badam (Termonalia procera) 14. Chaplash or Taungpeinne (Artocarpus chaplasha) 15. Lalchini (Amoora wallichi_ 16. Bomboza (Albizza stipulata) 17. Black Chuglam (Terminalia mani) 18. Pyinma (Lagetsroemia hypoleuea) 19. Lakuch (Artocarpus gomeziana) 20. Thingan (Hopea odorata) 21. Jhingan (Pajanelia rheedii) 22. Ywig (Adenanthera pavonina) 23. Lal Bambwe (Planchonia andamanica) 24. Hil Mohwa (Basia butyracea) 25. Gangaw (Mesua ferrea) 26. sea Mohwa (Mismusops littoralis) 27. Chooi (Sageraea elliptica) 28. Thikandu (Pometia pinnata) 29. Mangrove (Bruguiera sp.) 30. Nabe (Lannea grandis) 31. Koko (Albizza lebbek) 32. Paduak (Pertocarpus dalbergioides) 33. Marble wood (Diespyos marmorata) 34. Satinwood (Murraya exoitica). **S.RADHAKRISHANA** **President.** **S.P.SENVARMA,** **_Secy. to the Govt. of India_** -----

25-Dec-2023

46

The Bharatiya Nagarik Suraksha Sanhita, 2023

https://www.indiacode.nic.in/bitstream/123456789/20335/1/a2023-46.pdf

Andaman and Nicobar Islands

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. 5. Saving. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Court of Session. 9. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 11. Special Judicial Magistrates. 12. Local Jurisdiction of Judicial Magistrates. 13. Subordination of Judicial Magistrates. 14. Executive Magistrates. 15. Special Executive Magistrates. 16. Local Jurisdiction of Executive. 17. Subordination of Executive Magistrates. 18. Public Prosecutors. 19. Assistant Public Prosecutors. 20. Directorate of Prosecution. CHAPTER III POWER OF COURTS 21. Courts by which offences are triable. 22. Sentences which High Courts and Sessions Judges may pass. 23. Sentences which Magistrates may pass. 24. Sentence of imprisonment in default of fine. 25. Sentence in cases of conviction of several offences at one trial. 26. Mode of conferring powers. 27. Powers of officers appointed. 28. Withdrawal of powers. 29. Powers of Judges and Magistrates exercisable by their successors-in-office. 1 ----- CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE SECTIONS 30. Powers of superior officers of police. 31. Public when to assist Magistrates and police. 32. Aid to person, other than police officer, executing warrant. 33. Public to give information of certain offences. 34. Duty of officers employed in connection with affairs of a village to make certain report. CHAPTER V ARREST OF PERSONS 35. When police may arrest without warrant. 36. Procedure of arrest and duties of officer making arrest. 37. Designated police officer. 38. Right of arrested person to meet an advocate of his choice during interrogation. 39. Arrest on refusal to give name and residence. 40. Arrest by private person and procedure on such arrest. 41. Arrest by Magistrate. 42. Protection of members of Armed Forces from arrest. 43. Arrest how made. 44. Search of place entered by person sought to be arrested. 45. Pursuit of offenders into other jurisdictions. 46. No unnecessary restraint. 47. Person arrested to be informed of grounds of arrest and of right to bail. 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. 49. Search of arrested person. 50. Power to seize offensive weapons. 51. Examination of accused by medical practitioner at request of police officer. 52. Examination of person accused of rape by medical practitioner. 53. Examination of arrested person by medical officer. 54. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 56. Health and safety of arrested person. 57. Person arrested to be taken before Magistrate or officer in charge of police station. 58. Person arrested not to be detained more than twenty-four hours. 59. Police to report apprehensions. 60. Discharge of person apprehended. 61. Power, on escape, to pursue and retake. 62. Arrest to be made strictly according to Sanhita. CHAPTER VI PROCESSES TO COMPEL APPEARANCE _A.—Summons_ 63. Form of summons. 64. Summons how served. 65. Service of summons on corporate bodies, firms, and societies. 66. Service when persons summoned cannot be found. 67. Procedure when service cannot be effected as before provided. 68. Service on Government servant. 2 ----- SECTIONS 69. Service of summons outside local limits. 70. Proof of service in such cases and when serving officer not present. 71. Service of summons on witness. _B.—Warrant of arrest_ 72. Form of warrant of arrest and duration. 73. Power to direct security to be taken. 74. Warrants to whom directed. 75. Warrant may be directed to any person. 76. Warrant directed to police officer. 77. Notification of substance of warrant. 78. Person arrested to be brought before Court without delay. 79. Where warrant may be executed. 80. Warrant forwarded for execution outside jurisdiction. 81. Warrant directed to police officer for execution outside jurisdiction. 82. Procedure on arrest of person against whom warrant issued. 83. Procedure by Magistrate before whom such person arrested is brought. _C.—Proclamation and attachment_ 84. Proclamation for person absconding. 85. Attachment of property of person absconding. 86. Identification and attachment of property of proclaimed person. 87. Claims and objections to attachment. 88. Release, sale and restoration of attached property. 89. Appeal from order rejecting application for restoration of attached property. _D.—Other rules regarding processes_ 90. Issue of warrant in lieu of, or in addition to, summons. 91. Power to take bond or bail bond for appearance. 92. Arrest on breach of bond or bail bond for appearance. 93. Provisions of this Chapter generally applicable to summons and warrants of arrest. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS _A.—Summons to produce_ 94. Summons to produce document or other thing. 95. Procedure as to letters. _B.—Search-warrants_ 96. When search-warrant may be issued. 97. Search of place suspected to contain stolen property, forged documents, etc. 98. Power to declare certain publications forfeited and to issue search-warrants for same. 99. Application to High Court to set aside declaration of forfeiture. 100. Search for persons wrongfully confined. 101. Power to compel restoration of abducted females. 3 ----- _C.—General provisions relating to searches_ SECTIONS 102. Direction, etc., of search-warrants. 103. Persons in charge of closed place to allow search. 104. Disposal of things found in search beyond jurisdiction. _D.—Miscellaneous_ 105. Recording of search and seizure through audio video electronic means.. 106. Power of police officer to seize certain property. 107. Attachment, forfeiture or restoration of property. 108. Magistrate may direct search in his presence. 109. Power to impound document, etc., produced. 110. Reciprocal arrangements regarding processes. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 111. Definitions. 112. Letter of request to competent authority for investigation in a country or place outside India. 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India. 114. Assistance in securing transfer of persons. 115. Assistance in relation to orders of attachment or forfeiture of property. 116. Identifying unlawfully acquired property. 117. Seizure or attachment of property. 118. Management of properties seized or forfeited under this Chapter. 119. Notice of forfeiture of property. 120. Forfeiture of property in certain cases. 121. Fine in lieu of forfeiture. 122. Certain transfers to be null and void. 123. Procedure in respect of letter of request. 124. Application of this Chapter. CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 125. Security for keeping peace on conviction. 126. Security for keeping peace in other cases. 127. Security for good behaviour from persons disseminating certain matters. 128. Security for good behaviour from suspected persons. 129. Security for good behaviour from habitual offenders. 130. Order to be made. 131. Procedure in respect of person present in Court. 132. Summons or warrant in case of person not so present. 133. Copy of order to accompany summons or warrant. 134. Power to dispense with personal attendance. 135. Inquiry as to truth of information. 136. Order to give security. 4 ----- SECTIONS 137. Discharge of person informed against. 138. Commencement of period for which security is required. 139. Contents of bond. 140. Power to reject sureties. 141. Imprisonment in default of security. 142. Power to release persons imprisoned for failing to give security. 143. Security for unexpired period of bond. CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 144. Order for maintenance of wives, children and parents. 145. Procedure. 146. Alteration in allowance. 147. Enforcement of order of maintenance. CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY _A.—Unlawful assemblies_ 148. Dispersal of assembly by use of civil force. 149. Use of armed forces to disperse assembly. 150. Power of certain armed force officers to disperse assembly. 151. Protection against prosecution for acts done under sections 148, 149 and 150. _B.—Public nuisances_ 152. Conditional order for removal of nuisance. 153. Service or notification of order. 154. Person to whom order is addressed to obey or show cause. 155. Penalty for failure to comply with section 154. 156. Procedure where existence of public right is denied. 157. Procedure where person against whom order is made under section 152 appears to show-cause. 158. Power of Magistrate to direct local investigation and examination of an expert. 159. Power of Magistrate to furnish written instructions, etc. 160. Procedure on order being made absolute and consequences of disobedience. 161. Injunction pending inquiry. 162. Magistrate may prohibit repetition or Continuance of public nuisance. _C.—Urgent cases of nuisance or apprehended danger_ 163. Power to issue order in urgent cases of nuisance or apprehended danger. _D.—Disputes as to immovable property_ 164. Procedure where dispute concerning land or water is likely to cause breach of peace. 165. Power to attach subject of dispute and to appoint receiver. 166. Dispute concerning right of use of land or water. 167. Local inquiry. 5 ----- CHAPTER XII PREVENTIVE ACTION OF THE POLICE SECTIONS 168. Police to prevent cognizable offences. 169. Information of design to commit cognizable offences. 170. Arrest to prevent commission of cognizable offences. 171. Prevention of injury to public property. 172. Persons bound to conform to lawful directions of police CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 173. Information in cognizable cases. 174. Information as to non-cognizable cases and investigation of such cases. 175. Police officer’s power to investigate cognizable case. 176. Procedure for investigation. 177. Report how submitted. 178. Power to hold investigation or preliminary inquiry. 179. Police officer's power to require attendance of witnesses. 180. Examination of witnesses by police. 181. Statements to police and use thereof. 182. No inducement to be offered. 183. Recording of confessions and statements. 184. Medical examination of victim of rape. 185. Search by police officer. 186. When officer in charge of police station may require another to issue search-warrant. 187. Procedure when investigation cannot be completed in twenty-four hours. 188. Report of investigation by subordinate police officer. 189. Release of accused when evidence deficient. 190. Cases to be sent to Magistrate, when evidence is sufficient. 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. 192. Diary of proceedings in investigation. 193. Report of police officer on completion of investigation. 194. Police to enquire and report on suicide, etc. 195. Power to summon persons. 196. Inquiry by Magistrate into cause of death. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 197. Ordinary place of inquiry and trial. 198. Place of inquiry or trial. 199. Offence triable where act is done or consequence ensues. 200. Place of trial where act is an offence by reason of relation to other offence. 201. Place of trial in case of certain offences. 202. Offences committed by means of electronic communications, letters, etc. 203. Offence committed on journey or voyage. 204. Place of trial for offences triable together. 205. Power to order cases to be tried in different sessions divisions. 6 ----- SECTIONS 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. 208. Offence committed outside India. 209. Receipt of evidence relating to offences committed outside India. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 210. Cognizance of offences by Magistrate. 211. Transfer on application of accused. 212. Making over of cases to Magistrates. 213. Cognizance of offences by Court of Session. 214. Additional Sessions Judges to try cases made over to them. 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 216. Procedure for witnesses in case of threatening, etc. 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. 218. Prosecution of Judges and public servants. 219. Prosecution for offences against marriage. 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. 221. Cognizance of offence. 222. Prosecution for defamation. CHAPTER XVI COMPLAINTS TO MAGISTRATES 223. Examination of complainant. 224. Procedure by Magistrate not competent to take cognizance of case. 225. Postponement of issue of process. 226. Dismissal of complaint. 227. Issue of process. 228. Magistrate may dispense with personal attendance of accused. 229. Special summons in cases of petty offence. 230. Supply to accused of copy of police report and other documents. 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 232. Commitment of case to Court of Session when offence is triable exclusively by it. 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. CHAPTER XVIII THE CHARGE _A.—Form of charges_ 234. Contents of charge. 235. Particulars as to time, place and person. 236. When manner of committing offence must be stated. 237. Words in charge taken in sense of law under which offence is punishable. 238. Effect of errors. 239. Court may alter charge. 240. Recall of witnesses when charge altered. 241. Separate charges for distinct offences. 7 ----- SECTIONS 242. Offences of same kind within year may be charged together. 243. Trial for more than one offence. 244. Where it is doubtful what offence has been committed. 245. When offence proved included in offence charged. 246. What persons may be charged jointly. 247. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION 248. Trial to be conducted by Public Prosecutor. 249. Opening case for prosecution. 250. Discharge. 251. Framing of charge. 252. Conviction on plea of guilty. 253. Date for prosecution evidence. 254. Evidence for prosecution. 255. Acquittal. 256. Entering upon defence. 257. Arguments. 258. Judgment of acquittal or conviction. 259. Previous conviction. 260. Procedure in cases instituted under sub-section (2) of section 222. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES _A.—Cases instituted on a police report_ 261. Compliance with section 230. 262. When accused shall be discharged. 263. Framing of charge. 264. Conviction on plea of guilty. 265. Evidence for prosecution. 266. Evidence for defence. _B.—Cases instituted otherwise than on police report_ 267. Evidence for prosecution. 268. When accused shall be discharged. 269. Procedure where accused is not discharged. 270. Evidence for defence. _C.—Conclusion of trial_ 271. Acquittal or conviction. 272. Absence of complainant. 273. Compensation for accusation without reasonable cause. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES 274. Substance of accusation to be stated. 275. Conviction on plea of guilty. 276. Conviction on plea of guilty in absence of accused in petty cases. 8 ----- SECTIONS 277. Procedure when not convicted. 278. Acquittal or conviction. 279. Non-appearance or death of complainant. 280. Withdrawal of complaint. 281. Power to stop proceedings in certain cases. 282. Power of Court to convert summons-cases into warrant-cases. CHAPTER XXII SUMMARY TRIALS 283. Power to try summarily. 284. Summary trial by Magistrate of second class. 285. Procedure for summary trials. 286. Record in summary trials. 287. Judgment in cases tried summarily. 288. Language of record and judgment. CHAPTER XXIII PLEA BARGAINING 289. Application of Chapter. 290. Application for plea bargaining. 291. Guidelines for mutually satisfactory disposition. 292. Report of mutually satisfactory disposition to be submitted before Court. 293. Disposal of case. 294. Judgment of Court. 295. Finality of judgment. 296. Power of Court in plea bargaining. 297. Period of detention undergone by accused to be set off against sentence of imprisonment. 298. Savings. 299. Statements of accused not to be used. 300. Non-application of Chapter. CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 301. Definitions. 302. Power to require attendance of prisoners. 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. 304. Officer in charge of prison to abstain from carrying out order in certain contingencies. 305. Prisoner to be brought to Court in custody. 306. Power to issue commission for examination of witness in prison. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS _A.—Mode of taking and recording evidence_ 307. Language of Courts. 308. Evidence to be taken in presence of accused. 309. Record in summons-cases and inquiries. 310. Record in warrant-cases. 9 ----- SECTIONS 311. Record in trial before Court of Session. 312. Language of record of evidence. 313. Procedure in regard to such evidence when completed. 314. Interpretation of evidence to accused or his advocate. 315. Remarks respecting demeanour of witness. 316. Record of examination of accused. 317. Interpreter to be bound to interpret truthfully 318. Record in High Court. _B.—Commissions for the examination of witnesses_ 319. When attendance of witness may be dispensed with and commission issued. 320. Commission to whom to be issued. 321. Execution of commissions. 322. Parties may examine witnesses. 323. Return of commission. 324. Adjournment of proceeding. 325. Execution of foreign commissions. 326. Deposition of medical witness. 327. Identification report of Magistrate. 328. Evidence of officers of Mint. 329. Reports of certain Government scientific experts. 330. No formal proof of certain documents. 331. Affidavit in proof of conduct of public servants. 332. Evidence of formal character on affidavit. 333. Authorities before whom affidavits may be sworn. 334. Previous conviction or acquittal how proved. 335. Record of evidence in absence of accused. 336. Evidence of public servants, experts, police officers in certain cases. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Person once convicted or acquitted not to be tried for same offence. 338. Appearance by Public Prosecutors. 339. Permission to conduct prosecution. 340. Right of person against whom proceedings are instituted to be defended. 341. Legal aid to accused at State expense in certain cases. 342. Procedure when corporation or registered society is an accused. 343. Tender of pardon to accomplice. 344. Power to direct tender of pardon. 345. Trial of person not complying with conditions of pardon. 346. Power to postpone or adjourn proceedings. 347. Local inspection. 348. Power to summon material witness, or examine person present. 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc. 350. Expenses of complainants and witnesses. 351. Power to examine accused. 352. Oral arguments and memorandum of arguments. 353. Accused person to be competent witness. 354. No influence to be used to induce disclosure. 10 ----- SECTIONS 355. Provision for inquiries and trial being held in absence of accused in certain cases. 356. Inquiry, trial or judgment in absentia of proclaimed offender. 357. Procedure where accused does not understand proceedings. 358. Power to proceed against other persons appearing to be guilty of offence. 359. Compounding of offences. 360. Withdrawal from prosecution. 361. Procedure in cases which Magistrate cannot dispose of. 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. 364. Procedure when Magistrate cannot pass sentence sufficiently severe. 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 366. Court to be open. CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 367. Procedure in case of accused being person of unsound mind. 368. Procedure in case of person of unsound mind tried before Court. 369. Release of person of unsound mind pending investigation or trial. 370. Resumption of inquiry or trial. 371. Procedure on accused appearing before Magistrate or Court. 372. When accused appears to have been of sound mind. 373. Judgment of acquittal on ground of unsoundness of mind. 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. 375. Power of State Government to empower officer in charge to discharge. 376. Procedure where prisoner of unsound mind is reported capable of making his defence. 377. Procedure where person of unsound mind detained is declared fit to be released. 378. Delivery of person of unsound mind to care of relative or friend. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 379. Procedure in cases mentioned in section 215. 380. Appeal. 381. Power to order costs. 382. Procedure of Magistrate taking cognizance. 383. Summary procedure for trial for giving false evidence. 384. Procedure in certain cases of contempt. 385. Procedure where Court considers that case should not be dealt with under section 384. 386. When Registrar or Sub-Registrar to be deemed a Civil Court. 387. Discharge of offender on submission of apology. 388. Imprisonment or committal of person refusing to answer or produce document. 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 390. Appeals from convictions under sections 383, 384, 388 and 389. 11 ----- CHAPTER XXIX THE JUDGMENT SECTIONS 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. 392. Judgment. 393. Language and contents of judgment. 394. Order for notifying address of previously convicted offender. 395. Order to pay compensation. 396. Victim compensation scheme. 397. Treatment of victims. 398. Witness protection scheme. 399. Compensation to persons groundlessly arrested. 400. Order to pay costs in non-cognizable cases. 401. Order to release on probation of good conduct or after admonition. 402. Special reasons to be recorded in certain cases. 403. Court not to alter judgment. 404. Copy of judgment to be given to accused and other persons. 405. Judgment when to be translated. 406. Court of Session to send copy of finding and sentence to District Magistrate. CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 407. Sentence of death to be submitted by Court of Session for confirmation. 408. Power to direct further inquiry to be made or additional evidence to be taken. 409. Power of High Court to confirm sentence or annul conviction. 410. Confirmation or new sentence to be signed by two Judges. 411. Procedure in case of difference of opinion. 412. Procedure in cases submitted to High Court for confirmation. CHAPTER XXXI APPEALS 413. No appeal to lie unless otherwise provided. 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior. 415. Appeals from convictions. 416. No appeal in certain cases when accused pleads guilty. 417. No appeal in petty cases. 418. Appeal by State Government against sentence. 419. Appeal in case of acquittal. 420. Appeal against conviction by High Court in certain cases. 421. Special right of appeal in certain cases. 422. Appeal to Court of Session how heard. 423. Petition of appeal. 424. Procedure when appellant in jail. 425. Summary dismissal of appeal. 426. Procedure for hearing appeals not dismissed summarily. 427. Powers of Appellate Court. 428. Judgments of subordinate Appellate Court. 429. Order of High Court on appeal to be certified to lower Court. 12 ----- SECTIONS 430. Suspension of sentence pending appeal; release of appellant on bail. 431. Arrest of accused in appeal from acquittal. 432. Appellate Court may take further evidence or direct it to be taken. 433. Procedure where Judges of Court of appeal are equally divided. 434. Finality of judgments and orders on appeal. 435. Abatement of appeals. CHAPTER XXXII REFERENCE AND REVISION 436. Reference to High Court. 437. Disposal of case according to decision of High Court. 438. Calling for records to exercise powers of revision. 439. Power to order inquiry. 440. Sessions Judge's powers of revision. 441. Power of Additional Sessions Judge. 442. High Court's powers of revision. 443. Power of High Court to withdraw or transfer revision cases. 444. Option of Court to hear parties. 445. High Court's order to be certified to lower Court. CHAPTER XXXIII TRANSFER OF CRIMINAL CASES 446. Power of Supreme Court to transfer cases and appeals. 447. Power of High Court to transfer cases and appeals. 448. Power of Sessions Judge to transfer cases and appeals. 449. Withdrawal of cases and appeals by Sessions Judges. 450. Withdrawal of cases by Judicial Magistrates. 451. Making over or withdrawal of cases by Executive Magistrates. 452. Reasons to be recorded. CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES _A.—Death sentences_ 453. Execution of order passed under section 409. 454. Execution of sentence of death passed by High Court. 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. 456. Commutation of sentence of death on pregnant woman. _B.—Imprisonment_ 457. Power to appoint place of imprisonment. 458. Execution of sentence of imprisonment. 459. Direction of warrant for execution. 460. Warrant with whom to be lodged. _C.—Levy of fine_ 461. Warrant for levy of fine. 462. Effect of such warrant. 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. 464. Suspension of execution of sentence of imprisonment. 13 ----- _D.—General provisions regarding execution_ SECTIONS 465. Who may issue warrant. 466. Sentence on escaped convict when to take effect. 467. Sentence on offender already sentenced for another offence. 468. Period of detention undergone by accused to be set off against sentence of imprisonment. 469. Saving. 470. Return of warrant on execution of sentence. 471. Money ordered to be paid recoverable as a fine. _E.—Suspension, remission and commutation of sentences_ 472. Mercy petition in death sentence cases. 473. Power to suspend or remit sentences. 474. Power to commute sentence. 475. Restriction on powers of remission or commutation in certain cases. 476. Concurrent power of Central Government in case of death sentences. 477. State Government to act after concurrence with Central Government in certain cases. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS 478. In what cases bail to be taken. 479. Maximum period for which under-trial prisoner can be detained. 480. When bail may be taken in case of non-bailable offence. 481. Bail to require accused to appear before next Appellate Court 482. Direction for grant of bail to person apprehending arrest. 483. Special powers of High Court or Court of Session regarding bail. 484. Amount of bond and reduction thereof. 485. Bond of accused and sureties. 486. Declaration by sureties. 487. Discharge from custody. 488. Power to order sufficient bail when that first taken is insufficient. 489. Discharge of sureties. 490. Deposit instead of recognizance. 491. Procedure when bond has been forfeited. 492. Cancellation of bond and bail bond 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. 494. Bond required from child. 495. Appeal from orders under section 491. 496. Power to direct levy of amount due on certain recognizances. CHAPTER XXXVI DISPOSAL OF PROPERTY 497. Order for custody and disposal of property pending trial in certain cases. 498. Order for disposal of property at conclusion of trial. 499. Payment to innocent purchaser of money found on accused. 500. Appeal against orders under section 498 or section 499. 501. Destruction of libellous and other matter. 502. Power to restore possession of immovable property. 503. Procedure by police upon seizure of property. 14 ----- SECTIONS 504. Procedure where no claimant appears within six months. 505. Power to sell perishable property. CHAPTER XXXVII IRREGULAR PROCEEDINGS 506. Irregularities which do not vitiate proceedings. 507. Irregularities which vitiate proceedings. 508. Proceedings in wrong place. 509. Non-compliance with provisions of section 183 or section 316. 510. Effect of omission to frame, or absence of, or error in, charge. 511. Finding or sentence when reversible by reason of error, omission or irregularity. 512. Defect or error not to make attachment unlawful. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. Definitions. 514. Bar to taking cognizance after lapse of period of limitation. 515. Commencement of period of limitation. 516. Exclusion of time in certain cases. 517. Exclusion of date on which Court is closed. 518. Continuing offence. 519. Extension of period of limitation in certain cases. CHAPTER XXXIX MISCELLANEOUS 520. Trials before High Courts. 521. Delivery to commanding officers of persons liable to be tried by Court-martial. 522. Forms. 523. Power of High Court to make rules. 524. Power to alter functions allocated to Executive Magistrate in certain cases. 525. Cases in which Judge or Magistrate is personally interested. 526. Practising advocate not to sit as Magistrate in certain Courts. 527. Public servant concerned in sale not to purchase or bid for property. 528. Saving of inherent powers of High Court. 529. Duty of High Court to exercise continuous superintendence over Courts. 530. Trial and proceedings to be held in electronic mode. 531. Repeal and savings. THE FIRST SCHEDULE 15 ----- # THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 ACT NO. 46 OF 2023 [25th December, 2023.] # An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Bharatiya Nagarik** Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply— (a) to the State of Nagaland; (b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. _Explanation.—In this section, “tribal areas” means the territories which immediately before_ the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on such date[*] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—** (1) In this Sanhita, unless the context otherwise requires,— (a) “audio-video electronic” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide; (b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond; (c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence; (d) “bail bond” means an undertaking for release with surety; (e) “bond” means a personal bond or an undertaking for release without surety; (f) “charge” includes any head of charge when the charge contains more heads than one; 1. 1st July, 2024, [except the provisions of the entry relation to Section 106(2) in the first Schedule], _vide notification No._ S.O. 848(E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 16 ----- (g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. _Explanation.—A report made by a police officer in a case which discloses, after investigation, the_ commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (i) “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government; (j) “High Court” means,— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; (l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. _Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of_ this Sanhita, the provisions of the special Act shall prevail; (m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; (p) “notification” means a notification published in the Official Gazette; (q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871); (r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police 17 ----- officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) “place” includes a house, building, tent, vehicle and vessel; (t) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193; (u) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; (v) “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) “sub-division” means a sub-division of a district; (x) “summons-case” means a case relating to an offence, and not being a warrant-case; (y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. **3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law,** to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area. (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate. **4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under** the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. **5.** **Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the** contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. CHAPTER II 18 ----- CONSTITUTION OF CRIMINAL COURTS AND OFFICES **6.** **Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,** other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. **7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions** divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. (3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section. **8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions** division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. (7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges. (8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 19 ----- _Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment,_ posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government. **9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of** Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. **10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district,** the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. **11.** **Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State** Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area: Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. **12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the** Chief udicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 20 ----- (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district. **13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate** to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him. **14. Executive Magistrates.—(1) In every district, the State Government may appoint as many persons** as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate. (5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate. (6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate. **15.** **Special Executive Magistrates.—The State Government may appoint, for such term as it may** think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit. **16. Local Jurisdiction of Executive.—Magistrates. (1) Subject to the control of the State Government,** the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. **17. Subordination of Executive Magistrates.—(1) All Executive Magistrates shall be subordinate to** the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him. 21 ----- **18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government** shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be: Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4). (6) Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4). _Explanation.—For the purposes of this sub-section,—_ (a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; (b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor under this Sanhita. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor: 22 ----- Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section. (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate. **19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or** more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. (3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government: Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he— (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) is below the rank of Inspector. **20. Directorate of Prosecution.—(1) The State Government may establish,—** (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. (2) A person shall be eligible to be appointed,— (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class. (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District 23 ----- Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita. (11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor. CHAPTER III POWER OF COURTS **21. Courts by which offences are triable.—Subject to the other provisions of this Sanhita,—** (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by— (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable: Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman; (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by— (i) the High Court; or (ii) any other Court by which such offence is shown in the First Schedule to be triable. **22. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any** sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. **23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass** any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 24 ----- (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. _Explanation.—“Community service” shall mean the work which the Court may order a convict to_ perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. **24. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such** term of imprisonment in default of payment of fine as is authorised by law: Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. **25. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted** at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that— (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. **26. Mode of conferring powers.—(1) In conferring powers under this Sanhita, the High Court or the** State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. **27. Powers of officers appointed.—Whenever any person holding an office in the service of** Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the samenature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. 25 ----- **28. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may** withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. **29. Powers of Judges and Magistrates exercisable by their successors-in office.—(1) Subject to the** other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate. CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE **30. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of** a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. **31. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or** police officer reasonably demanding his aid— (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property. **32. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a** person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. **33. Public to give information of certain offences.—(1) Every person, aware of the commission of,** or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:— (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307; 26 ----- (ix) sections 309 to 312 (both inclusive); (x) sub-section (5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India. **34. Duty of officers employed in connection with affairs of a village to make certain** **report.—(1) Every officer employed in connection with the affairs of a village and every person residing** in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting— (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village; (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender; (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023; (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a nonbailable offence has been committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India nearsuch village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information. (2) In this section,— (i) “village” includes village lands; (ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023; (iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village. **35. When police may arrest without warrant.—(1) Any police officer may without an order from a** Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; or 27 ----- (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. 28 ----- (2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. **36. Procedure of arrest and duties of officer making arrest.—Every police officer while making an** arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest. **37. Designated police officer.—The State Government shall—** (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters. **38. Right of arrested person to meet an advocate of his choice during interrogation.—When any** person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. **39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a** police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has 29 ----- reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. **40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or** cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. **41. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate,** whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. **42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained** in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted. **43. Arrest how made.—(1) In making an arrest the police officer or other person making the same** shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. 30 ----- (3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State. (4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. **44. Search of place entered by person sought to be arrested.—(1) If any person acting under a** warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. **45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting** without warrant any person whom he is authorised to arrest, pursue such person into any place in India. **46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is** necessary to prevent his escape. **47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police** officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. **48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1)** Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. 31 ----- (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person. **49. Search of arrested person.—(1) Whenever,—** (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and (ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. **50. Power to seize offensive weapons.—The police officer or other person making any arrest under** this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested. **51. Examination of accused by medical practitioner at request of police officer.—(1) When a** person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. (3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer. _Explanation.—In this section and sections 52 and 53,—_ (a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act. 32 ----- **52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested** on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the accused and of the person by whom he was brought; (ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from the person of the accused for DNA profiling; and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. **53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall** be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person not available, by a registered medical practitioner soon after the arrest is made: **54. Identification of person arrested.—Where a person is arrested on a charge of committing an** offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: 33 ----- Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means. **55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any** officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35. **56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an** accused to take reasonable care of the health and safety of the accused. **57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police** officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. **58. Person arrested not to be detained more than twenty-four hours.—Officers in charge of police** stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. **59. Police to report apprehensions.— Officers in charge of police stations shall report to the District** Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. **60. Discharge of person apprehended.—No person who has been arrested by a police officer shall be** discharged except on his bond, or bail bond, or under the special order of a Magistrate. **61. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is rescued,** the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. **62. Arrest to be made strictly according to Sanhita.— No arrest shall be made except in accordance** with the provisions of this Sanhita or any other law for the time being in force providing for arrest. CHAPTER VI PROCESSES TO COMPEL APPEARANCE _A.—Summons_ **63. Form of summons.—Every summons issued by a Court under this Sanhita shall be,—** (i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or 34 ----- (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature. **64. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such** rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons: Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide. (3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. **65. Service of summons on corporate bodies, firms, and societies.—(1) Service of a summons on a** company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. _Explanation.—In this section, “company” means a body corporate and “corporation” means an_ incorporated company or other body corporate registered under the Companies Act, 2013 (18 of 2013) or a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. **66. Service when persons summoned cannot be found.—Where the person summoned cannot, by** the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. _Explanation.—A servant is not a member of the family within the meaning of this section._ **67. Procedure when service cannot be effected as before provided.—If service cannot by the** exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. **68. Service on Government servant.—(1) Where the person summoned is in the active service of the** Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service. 35 ----- **69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall** be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. **70. Proof of service in such cases and when serving officer not present.—(1) When a summons** issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. (3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons. **71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding** sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. _B.—Warrant of arrest_ **72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under** this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. **73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person** may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state— (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before the Court. (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. **74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more** police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no 36 ----- police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. **75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of** the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73. **76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed** by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed. **77. Notification of substance of warrant.—The police officer or other person executing a warrant of** arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant. **78. Person arrested to be brought before Court without delay.—The police officer or other person** executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. **79. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.** **80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed** outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward, along with thewarrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be granted to the person. **81. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant** directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant. 37 ----- (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it. **82. Procedure on arrest of person against whom warrant issued.—(1) When a warrant of arrest is** executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner. (2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides. **83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive** Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provided that, if the offence is bailable, and such person is ready and willing to give bail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 73 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as the case may be, and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 80, to release such person on bail. (2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 73. _C.—Proclamation and attachment_ **84. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after** taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:— (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive 38 ----- evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1). **85. Attachment of property of person absconding.—(1) The Court issuing a proclamation under** section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,— (a) is about to dispose of the whole or any part of his property; or (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment of property simultaneously with the issue of the proclamation. (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made— (a) by seizure; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases— (a) by taking possession; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908). 39 ----- **86. Identification and attachment of property of proclaimed person.—The Court may, on the** written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII. **87. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the** attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him. (4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. **88. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within** the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit. (3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him. **89. Appeal from order rejecting application for restoration of attached property.—Any person** referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. 40 ----- _D.—Other rules regarding processes_ **90. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it** is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest— (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. **91. Power to take bond or bail bond for appearance.—When any person for whose appearance or** arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial. **92. Arrest on breach of bond or bail bond for appearance.—When any person who is bound by any** bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him. **93. Provisions of this Chapter generally applicable to summons and warrants of arrest.—The** provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS _A.—Summons to produce_ **94. Summons to produce document or other thing.—(1) Whenever any Court or any officer in** charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed— (a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books Evidence Act, 1891 (13 of 1891); or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority. **95. Procedure as to letters.—(1) If any document, parcel or thing in the custody of a postal authority** is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs. 41 ----- (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1). _B.—Search-warrants_ **96. When search-warrant may be issued.—(1) Where—** (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority. **97. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District** Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a) to enter, with such assistance as may be required, such place; (b) to search the same in the manner specified in the warrant; (c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies; (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety; (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are— (a) counterfeit coin; (b) pieces of metal made in contravention of the Coinage Act, 2011 (11 of 2011), or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962 (52 of 1962); (c) counterfeit currency note; counterfeit stamps; 42 ----- (d) forged documents; (e) false seals; (f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f). **98. Power to declare certain publications forfeited and to issue search-warrants for** **same.—(1) Where—** (a) any newspaper, or book; or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be. (2) In this section and in section 99,— (a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867 (25 of 1867); (b) “document” includes any painting, drawing or photograph, or other visible representation. (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99. **99. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any** interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made. (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture. (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges. 43 ----- **100. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate** or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. **101. Power to compel restoration of abducted females.—Upon complaint made on oath of the** abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary. _C.—General provisions relating to searches_ **102. Direction, etc., of search-warrants.—The provisions of sections 32, 72, 74, 76, 79, 80 and 81** shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100. **103. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or** inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). **104. Disposal of things found in search beyond jurisdiction.—When, in the execution of a search-** warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the 44 ----- provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court. _D.—Miscellaneous_ **105. Recording of search and seizure through audio-video electronic means.—The process of** conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class. **106. Power of police officer to seize certain property.—(1) Any police officer may seize any property** which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. (2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same: Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale. **107. Attachment, forfeiture or restoration of property.—(1) Where a police officer making an** investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property. (2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made. (3) Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person. (4) The Court or the Magistrate may, after considering the explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime: 45 ----- Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte order. (5) Notwithstanding anything contained in sub-section (2), if the Court or the Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, the Court or Magistrate may by an interim order passed _ex parte_ direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed. (6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime. (7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution. (8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government. **108. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be made** in his presence of any place for the search of which he is competent to issue a search-warrant. **109. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any** document or thing produced before it under this Sanhita. **110. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which** this Sanhita extends (hereafter in this section referred to as the said territories) desires that— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by it shall be served or executed at any place,— (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf. (2) Where a Court in the said territories has received for service or execution— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or 46 ----- (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by— (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where— (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83; (ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104: Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY **111. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence; (c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property; (d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime; (e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property. **112. Letter of request to competent authority for investigation in a country or place outside** **India.—(1) If, in the course of an investigation into an offence, an application is made by the investigating** officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter. 47 ----- (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita. **113. Letter of request from a country or place outside India to a Court or an authority for** **investigation in India.—(1) Upon receipt of a letter of request from a Court or an authority in a country or** place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit— (i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or (ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India. (2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit. **114. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal** matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) If, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing. 48 ----- **115. Assistance in relation to orders of attachment or forfeiture of property.—(1) Where a Court** in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive). (2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force. **116. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on** receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. **117. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or** investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made. **118. Management of properties seized or forfeited under this Chapter.—(1) The Court may appoint** the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. **119. Notice of forfeiture of property.—(1) If as a result of the inquiry, investigation or survey under** section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. 49 ----- (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. **120. Forfeiture of property in certain cases.—(1) The Court may, after considering the explanation,** if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1). (3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares. **121. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands** forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released. **122. Certain transfers to be** **_null_** **and** **_void.—Where after the making of an order under_** sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void. **123. Procedure in respect of letter of request.—Every letter of request, summons or warrant, received** by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. **124. Application of this Chapter.—The Central Government may, by notification in the Official** Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification. 50 ----- CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR **125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate** of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. **126. Security for keeping peace in other cases.—(1) When an Executive Magistrate receives** information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. **127. Security for good behaviour from persons disseminating certain matters.—(1) When an** Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023; (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, 51 ----- and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf. **128. Security for good behaviour from suspected persons.—When an Executive Magistrate receives** information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. **129. Security for good behaviour from habitual offenders.—When an Executive Magistrate** receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger; or (b) is by habit a receiver of stolen property knowing the same to have been stolen; or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940.); (b) the Foreigners Act, 1946 (31 of 1946); (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952); (d) the Essential Commodities Act, 1955 (10 of 1955); (e) the Protection of Civil Rights Act, 1955 (22 of 1955); (f) the Customs Act, 1962 (52 of 1962); (g) the Food Safety and Standards Act, 2006 (34 of 2006); or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, 52 ----- such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit. **130. Order to be made.—When a Magistrate acting under section 126, section 127, section 128 or** section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties. **131. Procedure in respect of person present in Court.—If the person in respect of whom such order** is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. **132. Summons or warrant in case of person not so present.—If such person is not present in Court,** the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. **133. Copy of order to accompany summons or warrant.—Every summons or warrant issued under** section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. **134. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause,** dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate. **135. Inquiry as to truth of information.—(1) When an order under section 130 has been read or** explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded: Provided that— (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour; 53 ----- (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130. (4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse. **136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the** peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130; (b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties. **137. Discharge of person informed against.—If, on an inquiry under section 135, it is not proved that** it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. **138. Commencement of period for which security is required.—(1) If any person, in respect of** whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. **139. Contents of bond.—The bond or bail bond to be executed by any such person shall bind him to** keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond. 54 ----- **140. Power to reject sureties.—** (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him. **141. Imprisonment in default of security.—(1) (a) If any person ordered to give security under** section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it; (b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successorin-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. (3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. (5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings. 55 ----- (6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate. (7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs. **142. Power to release persons imprisoned for failing to give security.—** (1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. 56 ----- (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. **143. Security for unexpired period of bond.—(1) When a person for whose appearance a summons** or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. (2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be. CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS **144. Order for maintenance of wives, children and parents.—(1) If any person having sufficient** means neglects or refuses to maintain— (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means: Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. _Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by,_ or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for 57 ----- levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. _Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall_ be considered to be just ground for his wife's refusal to live with him. (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. **145. Procedure.— (1) Proceedings under section 144 may be taken against any person in any district—** (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just. **146. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving,** under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. 58 ----- (3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,— (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order. **147. Enforcement of order of maintenance.—A copy of the order of maintenance or interim** maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due. CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY _A.—Unlawful assemblies_ **148. Dispersal of assembly by use of civil force.—(1) Any Executive Magistrate or officer in charge** of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. **149. Use of armed forces to disperse assembly.—(1) If any assembly referred to in sub-section (1) of** section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces. 59 ----- (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. **150. Power of certain armed force officers to disperse assembly.—When the public security is** manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. **151. Protection against prosecution for acts done under sections 148, 149 and 150.—(1) No** prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except— (a) with the sanction of the Central Government where such person is an officer or member of the armed forces; (b) with the sanction of the State Government in any other case. (2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith; (b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149; (c) no officer of the armed forces acting under section 150 in good faith; (d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence. (3) In this section and in the preceding sections of this Chapter,— (a) the expression “armed forces” means the army, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating; (b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer; (c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer. _B.—Public nuisances_ **152. Conditional order for removal of nuisance.—(1) Whenever a District Magistrate or a** Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or 60 ----- (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order— (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or (iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. _Explanation.—A “public place” includes also property belonging to the State, camping grounds and_ grounds left unoccupied for sanitary or recreative purposes. **153. Service or notification of order.—(1) The order shall, if practicable, be served on the person** against whom it is made, in the manner herein provided for service of summons. (2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person. **154. Person to whom order is addressed to obey or show cause.—The person against whom such** order is made shall— (a) perform, within the time and in the manner specified in the order, the act directed thereby; or 61 ----- (b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing. **155. Penalty for failure to comply with section 154.—If the person against whom an order is made** under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute. **156. Procedure where existence of public right is denied.—** (1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157. (3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. **157. Procedure where person against whom order is made under section 152 appears to show** **cause.—(1) If the person against whom an order under section 152 is made appears and shows cause against** the order, the Magistrate shall take evidence in the matter as in a summons-case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case: Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days. **158. Power of Magistrate to direct local investigation and examination of an expert.—The** Magistrate may, for the purposes of an inquiry under section 156 or section 157— (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. **159. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a** local investigation by any person under section 158, the Magistrate may— (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case. (3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid. 62 ----- **160. Procedure on order being made absolute and consequences of disobedience.—(1) When an** order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section. **161.** **Injunction pending inquiry.—(1) If a Magistrate making an order under section 152 considers** that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. **162. Magistrate may prohibit repetition or Continuance of public nuisance.—A District Magistrate** or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. _C.—Urgent cases of nuisance or apprehended danger_ **163. Power to issue order in urgent cases of nuisance or apprehended danger.— (1) In cases where,** in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed _ex parte._ (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. 63 ----- (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. _D.—Disputes as to immovable property_ **164. Procedure where dispute concerning land or water is likely to cause breach of** **peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other** information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on aspecified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed; (b) the order made under this sub-section shall be served and published in the manner laid down in sub section (3). 64 ----- (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126. **165. Power to attach subject of dispute and to appoint receiver.—** (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate— (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just. **166. Dispute concerning right of use of land or water.— (1) Whenever an Executive Magistrate is** satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time and to put in written statements of their respective claims. _Explanation.—For the purposes of this sub-section, the expression "land or water" has the meaning_ given to it in sub-section (2) of section 164. (2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry. 65 ----- (3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 164, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 164. **167. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 164, section** 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case. (3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable. CHAPTER XII PREVENTIVE ACTION OF THE POLICE **168. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of** preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. **169. Information of design to commit cognizable offences.—Every police officer receiving** information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. **170. Arrest to prevent commission of cognizable offences.—** (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force. **171. Prevention of injury to public property.—A police officer may of his own authority interpose** to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation. **172. Persons bound to conform to lawful directions of police.— (1) All persons shall be bound to** conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter. 66 ----- (2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours. CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE **173. Information in cognizable cases.—(1) Every information relating to the commission of a** cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the 67 ----- commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. **174. Information as to non-cognizable cases and investigation of such cases.—(1) When** information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,— (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. **175. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police** station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV: Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned. (4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to— (a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and (b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged. **176. Procedure for investigation.—(1) If, from information received or otherwise, an officer in charge** of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: 68 ----- Provided that— (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case: Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone. (2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government. (3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device: Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State. **177. Report how submitted.—(1) Every report sent to a Magistrate under section 176 shall, if the State** Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. **178. Power to hold investigation or preliminary inquiry.—The Magistrate, on receiving a report** under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita. **179. Police officer's power to require attendance of witnesses.—(1) Any police officer making an** investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. 69 ----- (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. **180. Examination of witnesses by police.—(1) Any police officer making an investigation under this** Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer. **181. Statements to police and use thereof.—(1) No statement made by any person to a police officer** in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. _Explanation.—An omission to state a fact or circumstance in the statement referred to in_ sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. **182. No inducement to be offered.—(1) No police officer or other person in authority shall offer or** make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183. 70 ----- **183. Recording of confessions and statements.—(1) Any Magistrate of the District in which the** information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial: Provided that any confession or statement made under this sub-section may also be recorded by audio video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:— “I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate.”. (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. (6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: 71 ----- Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. **184. Medical examination of victim of rape.—(1) Where, during the stage when an offence of** committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the woman and of the person by whom she was brought; (ii) the age of the woman; (iii) the description of material taken from the person of the woman for DNA profiling; (iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. _Explanation.—For the purposes of this section, “examination” and “registered medical practitioner”_ shall have the same meanings as respectively assigned to them in section 51. **185. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer** making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which 72 ----- search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person: Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate. **186. When officer in charge of police station may require another to issue search-warrant.—(1)** An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made. (3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 185, as if such place were within the limits of his own police station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in subsections (1) and (3) of section 185. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4). **187. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any** person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person 73 ----- has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter. (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means. (5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. _Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of_ the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail. _Explanation II.—If any question arises whether an accused person was produced before the Magistrate_ as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be: Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution: Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government. (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this subsection, shall be taken into account in computing the period specified in sub-section (3): 74 ----- Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. (10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. **188. Report of investigation by subordinate police officer.—When any subordinate police officer** has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. **189. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it** appears to the officer in charge of the police station that there is not sufficient evidence or reasonable round of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. **190. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under** this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed: Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. 75 ----- (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. **191. Complainant and witnesses not to be required to accompany police officer and not to be** **subject to restraint.—** No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. **192. Diary of proceedings in investigation.—(1) Every police officer making an investigation under** this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary. (3) The diary referred to in sub-section (1) shall be a volume and duly paginated. (4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply. **193. Report of police officer on completion of investigation.—(1) Every investigation under this** Chapter shall be completed without unnecessary delay. (2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; 76 ----- (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; (iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. (4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. (5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit. (6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses. (7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230: Provided that supply of report and other documents by electronic communication shall be considered as duly served. (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. 77 ----- **194. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station** or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twentyfour hours. (3) When— (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. **195. Power to summon persons.—(1) A police officer proceeding under section 194 may, by order in** writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do. (2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 78 ----- **196. Inquiry by Magistrate into cause of death.—(1) When the case is of the nature referred to in** clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (2) Where,— (a) any person dies or disappears; or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorisedby the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. (5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing. _Explanation.—In this section, the expression "relative" means parents, children, brothers, sisters and_ spouse. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS **197. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried** by a Court within whose local jurisdiction it was committed. **198. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence was** committed; or (b) where an offence is committed partly in one local area and partly in another; or (c) where an offence is a continuing one, and continues to be committed in more local areas than one; or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. **199. Offence triable where act is done or consequence ensues.—When an act is an offence by reason** of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. 79 ----- **200. Place of trial where act is an offence by reason of relation to other offence.—When an act is** an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. **201. Place of trial in case of certain offences.—(1) Any offence of dacoity, or of dacoity with murder,** of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which isthe subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. (5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property. **202. Offences committed by means of electronic communications, letters, etc.—(1) Any offence** which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. (2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence. **203. Offence committed on journey or voyage.—When an offence is committed whilst the person by** or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. **204. Place of trial for offences triable together.—Where—** (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or (b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. **205. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything** contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force. 80 ----- **206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—** Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided— (a) if the Courts are subordinate to the same High Court, by that High Court; (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. **207. Power to issue summons or warrant for offence committed beyond local jurisdiction.—(1)** When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction. (2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court. **208. Offence committed outside India.—When an offence is committed outside India—** (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India: Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. **209. Receipt of evidence relating to offences committed outside India.—When any offence alleged** to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS **210. Cognizance of offences by Magistrate.—(1) Subject to the provisions of this Chapter, any** Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence— (a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence; (b) upon a police report (submitted in any mode including electronic mode) of such facts; 81 ----- (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. **211. Transfer on application of accused.—When a Magistrate takes cognizance of an offence under** clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. **212. Making over of cases to Magistrates.—(1) Any Chief Judicial Magistrate may, after taking** cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him. (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. **213. Cognizance of offences by Court of Session.—Except as otherwise expressly provided by this** Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita. **214. Additional Sessions Judges to try cases made over to them.—An Additional Sessions Judge** shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. **215. Prosecution for contempt of lawful authority of public servants, for offences against public** **justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—** (a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or (ii) of any abetment of, or attempt to commit, such offence; or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorised by the concerned public servant so to do; (b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or (ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. 82 ----- **216. Procedure for witnesses in case of threatening, etc.—A witness or any other person may file a** complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023. **217. Prosecution for offences against State and for criminal conspiracy to commit such** **offence.—(1) No Court shall take cognizance of—** (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence; or (c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government. (2) No Court shall take cognizance of— (a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. (3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary. (4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174. **218. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or** Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression “Central Government” were substituted: Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government: 83 ----- Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. (4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. **219. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an offence** punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that— (a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf; (b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. (2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023. (3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard. 84 ----- (4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. (5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. (6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. **220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.—** No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. **221. Cognizance of offence.—** No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband. **222. Prosecution for defamation.—(1) No Court shall take cognizance of an offence punishable under** section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf. (2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction— (a) of the State Government,— (i) in the case of a person who is or has been the Governor of that State or a Minister of that Government; (ii) in the case of any other public servant employed in connection with the affairs of the State; (b) of the Central Government, in any other case. 85 ----- (5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. CHAPTER XVI COMPLAINTS TO MAGISTRATES **223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of** an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses— (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless— (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received. **224. Procedure by Magistrate not competent to take cognizance of case.—If the complaint is made** to a Magistrate who is not competent to take cognizance of the offence, he shall,— (a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; (b) if the complaint is not in writing, direct the complainant to the proper Court. **225. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence** of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or 86 ----- (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant. **226. Dismissal of complaint.—If, after considering the statements on oath (if any) of the complainant** and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES **227. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is** sufficient ground for proceeding, and the case appears to be— (a) a summons-case, he shall issue summons to the accused for his attendance; or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction: Provided that summons or warrants may also be issued through electronic means. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 90. **228. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate** issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. **229. Special summons in cases of petty offence.—(1) If, in the opinion of a Magistrate taking** cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by an advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, 87 ----- to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees. (2) For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988 (59 of 1988), or under any other law which provides for convicting the accused person in his absence on a plea of guilty. (3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice. **230. Supply to accused of copy of police report and other documents.—In any case where the** proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:— (i) the police report; (ii) the first information report recorded under section 173; (iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193; (iv) the confessions and statements, if any, recorded under section 183; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished. **231. Supply of copies of statements and documents to accused in other cases triable by Court of** **Session.—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing** process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:— 88 ----- (i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under section 180 or section 183; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished. **232. Commitment of case to Court of Session when offence is triable exclusively by it.—When in** a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session: Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case. **233. Procedure to be followed when there is a complaint case and police investigation in respect** **of same offence.—(1) When in a case instituted otherwise than on a police report (hereinafter referred to** as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita. 89 ----- CHAPTER XVIII THE CHARGE _A.—Form of charges_ **234. Contents of charge.—(1) Every charge under this Sanhita shall state the offence with which the** accused is charged. (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. _Illustrations._ (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it. (b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. **235. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to** the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 90 ----- the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242: Provided that the time included between the first and last of such dates shall not exceed one year. **236. When manner of committing offence must be stated.—When the nature of the case is such that** the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. _Illustrations._ (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed. **237. Words in charge taken in sense of law under which offence is punishable.—In every charge** words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. **238. Effect of errors.—No error in stating either the offence or the particulars required to be stated in** the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. _Illustrations._ (a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. 91 ----- (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material. **239. Court may alter charge.—(1) Any Court may alter or add to any charge at any time before** judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. **240. Recall of witnesses when charge altered.—Whenever a charge is altered or added to by the Court** after the commencement of the trial, the prosecutor and the accused shall be allowed— (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice; (b) also to call any further witness whom the Court may think to be material. _B.—Joinder of charges_ **241. Separate charges for distinct offences.—(1) For every distinct offence of which any person is** accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246. _Illustration._ A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 92 ----- **242. Offences of same kind within year may be charged together.—** (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding five. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. **243. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form** the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023. _Illustrations to sub-section (1)_ (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023. (b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, rape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and subsection (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023. (c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the possession of each seal under sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023. (d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023. (e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, 93 ----- intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023. (f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya Sanhita, 2023. (g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023. The separate charges referred to in illustrations (a) to (g), respectively, may be tried at the same time. _Illustrations to sub-section (3)_ (h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023. (i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023. (j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023. (k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of that Sanhita. _Illustration to sub-section (4)_ (l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023. **244. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is** of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. _Illustrations._ (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. 94 ----- (b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence. (c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false. **245. When offence proved included in offence charged.—(1) When a person is charged with an** offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. _Illustrations._ (a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316. (b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita. **246. What persons may be charged jointly.—The following persons may be charged and tried** together, namely:— (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence; (f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence; (g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same 95 ----- coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. **247. Withdrawal of remaining charges on conviction on one of several charges.—When a charge** containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION **248. Trial to be conducted by Public Prosecutor.—In every trial before a Court of Session, the** prosecution shall be conducted by a Public Prosecutor. **249. Opening case for prosecution.—When the accused appears or is brought before the Court, in** pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. **250. Discharge.—(1) The accused may prefer an application for discharge within a period of sixty days** from the date of commitment of the case under section 232. (2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. **251. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of** opinion that there is ground for presuming that the accused has committed an offence which— (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. **252. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and** may, in his discretion, convict him thereon. **253. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to** be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, 96 ----- and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. **254. Evidence for prosecution.—** (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means. (2) The deposition of evidence of any public servant may be taken through audio-video electronic means. (3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. **255. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing** the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal. **256. Entering upon defence.—(1) Where the accused is not acquitted under section 255, he shall be** called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. **257. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the** prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply: Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law. **258. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any),** the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law. **259. Previous conviction.—** In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258. **260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session** taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. 97 ----- (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES _A.—Cases instituted on a police report_ **261. Compliance with section 230.—When, in any warrant-case instituted on a police report, the** accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230. **262. When accused shall be discharged.—(1) The accused may prefer an application for discharge** within a period of sixty days from the date of supply of copies of documents under section 230. (2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. **263. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the** Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. 98 ----- **264. Conviction on plea of guilty.—** If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. **265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be** tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. **266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and** produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. _B.—Cases instituted otherwise than on police report_ **267. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police** report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. **268. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in** section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. 99 ----- **269. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at** any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross examination and re-examination (if any), they shall also be discharged. (7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record. **270. Evidence for defence.—The accused shall then be called upon to enter upon his defence and** produce his evidence; and the provisions of section 266 shall apply to the case. _C.—Conclusion of trial_ **271. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been** framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2). **272. Absence of complainant.—When the proceedings have been instituted upon complaint, and on** any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused. **273. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon** complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are 100 ----- accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days. (4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant-cases. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES **274. Substance of accusation to be stated.—When in a summons-case the accused appears or is** brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge: Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge. **275. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea** as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon. **276. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has** been issued under section 229 and the accused desires to plead guilty to the charge without appearing before 101 ----- the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. **277. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section** 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. **278. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in** section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. **279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint,** and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. **280. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any** case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. **281. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than** upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge. 102 ----- **282. Power of Court to convert summonscases into warrant-cases.—When in the course of the trial** of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. CHAPTER XXII SUMMARY TRIALS **283. Power to try summarily.—(1) Notwithstanding anything contained in this Sanhita—** (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871). (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita. **284. Summary trial by Magistrate of second class.—The High Court may confer on any Magistrate** invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. **285. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this** Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. 103 ----- (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. **286. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such** form as the State Government may direct, the following particulars, namely:— (a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated. **287. Judgment in cases tried summarily.—In every case tried summarily in which the accused does** not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. **288. Language of record and judgment.—(1) Every such record and judgment shall be written in the** language of the Court. (2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. CHAPTER XXIII PLEA BARGAINING **289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom—** (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country. 104 ----- **290. Application for plea bargaining.—(1) A person accused of an offence may file an application** for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial. (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence. (3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case. (4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where— (a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1). **291. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory** disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:— (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case; (b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case. **292. Report of mutually satisfactory disposition to be submitted before Court.—Where in a** meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall 105 ----- record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case. **293. Disposal of case.—Where a satisfactory disposition of the case has been worked out under** section 292, the Court shall dispose of the case in the following manner, namely:— (a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; (b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law; (c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment; (d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence. **294. Judgment of Court.—The Court shall deliver its judgment in terms of section 293 in the open** Court and the same shall be signed by the presiding officer of the Court. **295. Finality of judgment.—The judgment delivered by the Court under this section shall be final and** no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment. **296. Power of Court in plea bargaining.—A Court shall have, for the purposes of discharging its** functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita. **297. Period of detention undergone by accused to be set off against sentence of imprisonment.—** The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita. **298. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent** therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter. _Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning_ assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19. **299. Statements of accused not to be used.—Notwithstanding anything contained in any law for the** time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter. 106 ----- **300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child as** defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016). CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS **301. Definitions.—In this Chapter,—** (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes,— (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; (ii) any reformatory, Borstal institution or other institution of a like nature. **302. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or** proceeding under this Sanhita, it appears to a Criminal Court,— (a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him; or (b) that it is necessary for the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or for giving evidence. (2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. **303. Power of State Government or Central Government to exclude certain persons from** **operation of section 302.—(1) The State Government or the Central Government, as the case may be, may,** at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons. (2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:— (a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison; (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; 107 ----- (c) the public interest, generally. **304. Officer in charge of prison to abstain from carrying out order in certain** **contingencies.—Where the person in respect of whom an order is made under section 302—** (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b). **305. Prisoner to be brought to Court in custody.—Subject to the provisions of section 304, the** officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained. **306. Power to issue commission for examination of witness in prison.—The provisions of this** Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS _A.—Mode of taking and recording evidence_ **307. Language of Courts.—** The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court. **308. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all** evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government: Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused. 108 ----- _Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under_ Chapter IX has been commenced under this Sanhita. **309. Record in summonscases and inquiries.—** (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. **310. Record in warrant-cases.—** (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf: Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. **311. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence** of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf. (2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer. (3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. **312. Language of record of evidence.—In every case where evidence is taken down under** section 310 or section 311,— (a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; (b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record; (c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record: 109 ----- Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation. **313. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness** taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. (3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands. **314. Interpretation of evidence to accused or his advocate.—(1) Whenever any evidence is given in** a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate in that language. (3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary. **315. Remarks respecting demeanour of witness.—When a presiding Judge or Magistrate has** recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. **316. Record of examination of accused.—(1) Whenever the accused is examined by any Magistrate,** or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. (2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court. (3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. (4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused: Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination. (5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. **317. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are** required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 110 ----- **318. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which** the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule. _B.—Commissions for the examination of witnesses_ **319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever,** in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter: Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the advocate's fees, be paid by the prosecution. **320. Commission to whom to be issued.—(1) If the witness is within the territories to which this** Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf. **321. Execution of commissions.—Upon receipt of the commission, the Chief Judicial Magistrate or** such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita. **322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which** a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness. **323. Return of commission.—(1) After any commission issued under section 319 has been duly** executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court. 111 ----- **324. Adjournment of proceeding.—In every case in which a commission is issued under section 319,** the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. **325. Execution of foreign commissions.—(1) The provisions of section 321 and so much of section** 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319. (2) The Courts, Judges and Magistrates referred to in sub-section (1) are— (a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters. **326. Deposition of medical witness.—(1) The deposition of a civil surgeon or other medical witness,** taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. **327. Identification report of Magistrate.—(1) Any document purporting to be a report of** identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report. **328. Evidence of officers of Mint.—(1) Any document purporting to be a report under the hand of a** gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or 112 ----- any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted— (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. **329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report** under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:— (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Controller of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government; (g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose. **330. No formal proof of certain documents.—(1) Where any document is filed before any Court by** the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply: Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial. (2) The list of documents shall be in such form as the State Government may, by rules, provide. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved. **331. Affidavit in proof of conduct of public servants.—When any application is made to any Court** in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein 113 ----- respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. **332. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is** of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. **333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court** under this Sanhita may be sworn or affirmed before— (a) any Judge or Judicial or Executive Magistrate; or (b) any Commissioner of Oaths appointed by a High Court or Court of Session; or (c) any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. **334. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under** this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,— (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. **335. Record of evidence in absence of accused.—(1) If it is proved that an accused person has** absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. **336. Evidence of public servants, experts, police officers in certain cases.—Where any document** or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and— (i) such public servant, expert or officer is either transferred, retired, or died; or 114 ----- (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report: Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings: Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS **337. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has** once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 244, or for which he might have been convicted under sub-section (2) thereof. (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 243. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) A person discharged under section 281 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate. (6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 (10 of 1897) or of section 208 of this Sanhita. _Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the_ purposes of this section. _Illustrations._ (a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. 115 ----- (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. **338. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor** in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. **339. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may** permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by an advocate. **340. Right of person against whom proceedings are instituted to be defended.—** Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice. **341. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial or appeal before a** Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense of the State. (2) The High Court may, with the previous approval of the State Government, make rules providing for— (a) the mode of selecting advocates for defence under sub-section (1); (b) the facilities to be allowed to such advocates by the Courts; (c) the fees payable to such advocates by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session. **342. Procedure when corporation or registered society is an accused.—(1) In this** section, “corporation” means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). 116 ----- (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. **343. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person** supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to— (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record— (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)— (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case— (a) commit it for trial— (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; 117 ----- (ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. **344. Power to direct tender of pardon.—At any time after commitment of a case but before judgment** is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person. **345. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person** who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, the Court shall— (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal. **346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall** be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for 118 ----- reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him: Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing; (c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for adjournment; (d) where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be. _Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have_ committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. _Explanation_ 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. **347. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other** proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. **348. Power to summon material witness, or examine person present.—Any Court may, at any stage** of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. **349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.—If a** Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample: 119 ----- Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding: Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. **350. Expenses of complainants and witnesses.—Subject to any rules made by the State Government,** any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita. **351. Power to examine accused.—(1) In every inquiry or trial, for the purpose of enabling the accused** personally to explain any circumstances appearing in the evidence against him, the Court— (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section. **352. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon** as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. **353. Accused person to be competent witness.—(1) Any person accused of an offence before a** Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that— (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. 120 ----- (2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings: Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. **354. No influence to be used to induce disclosure.—Except as provided in sections 343 and 344, no** influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. **355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At** any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. _Explanation.—For the purpose of this section, personal attendance of the accused includes attendance_ through audio-video electronic means. **356. Inquiry, trial or judgment in absentia of proclaimed offender.—(1) Notwithstanding anything** contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely: — (i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence. 121 ----- (3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State. (4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct. (6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial. (7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal: Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment. (8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84. **357. Procedure where accused does not understand proceedings.—If the accused, though not a** person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. **358. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the** course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then— (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. 122 ----- **359. Compounding of offences.—(1) The offences punishable under the sections of the Bharatiya** Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: — TABLE Offence Section of the Bharatiya Nyaya Sanhita, 2023 applicable Person by whom offence may be compounded 1 2 3 Enticing or taking away or detaining with criminal intent a married woman. [84](javascript:fnOpenLinkPopUp('41840','948073');) The husband of the woman and the woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on provocation. Voluntarily causing grievous hurt on grave and sudden provocation. Wrongfully restraining or confining any person. Wrongfully confining a person for three days or more. Wrongfully confining a person for ten days or more. Wrongfully confining a person in secret. 122(1) The person to whom the hurt is caused. 122(2) The person to whom the hurt is caused. 126(2), 127(2) The person restrained or confined. 127(3) The person confined. 127(4) The person confined. 127(6) The person confined. Assault or use of criminal force. 131,133,136 The person assaulted or to whom criminal force is used. Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 302 The person whose religious feelings are intended to be wounded. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation of property. Criminal breach of trust by a carrier, wharfinger, etc. 314 The owner of the property misappropriated. 316(3) The owner of the property in respect of which the breach of trust has been committed. 123 ----- 1 2 3 Dishonestly receiving stolen property knowing it to be stolen. Assisting in the concealment or disposal of stolen property, knowing it to be stolen. 317(2) The owner of the property stolen. 317(5) The owner of the property stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of transfer containing false statement of consideration. 320 The creditors who are affected thereby. 321 The creditors who are affected thereby. 322 The person affected thereby. Fraudulent removal or concealment of property. 323 The person affected thereby. Mischief, when the only loss or damage caused is loss or damage to a private person. 324(2), 324(4) The person to whom the loss or damage is caused. Mischief by killing or maiming animal. 325 The owner of the animal. Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. 326(a) The person to whom the loss or damage is caused. Criminal trespass. 329(3) The person in possession of the property trespassed upon. House-trespass. 329(4) The person in possession of the property trespassed upon. House-trespass to commit an offence (other than theft) punishable with imprisonment. 332(c) The person in possession of the house trespassed upon. Using a false trade or property mark. 345(3) The person to whom loss or injury is caused by such use. Counterfeiting a property mark used by another. 347(1) The person to whom loss or injury is caused by such use. 124 ----- 1 2 3 Selling goods marked with a counterfeit property mark. 349 The person to whom loss or injury is caused by such use. Criminal intimidation. 351(2), 351(3) The person intimidated. Insult intended to provoke a breach of peace. 352 The person insulted. Inducing person to believe himself an object of divine displeasure. Defamation, except such cases as are specified [against section 356(2) of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948377');) Sanhita, 2023, (45 of 2023) column 1 of the Table under sub-section (2). Printing or engraving matter, knowing it to be defamatory. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 354 The person induced. 356(2) The person defamed. 356(3) The person defamed. 356(4) The person defamed. Criminal breach of contract of service. 357 The person with whom the offender has contracted. (2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:.— Table Offence Section of the Bharatiya Nyaya Sanhita applicable Person by whom offence may be compounded 1 2 3 Word, gesture or act intended to insult the modesty of a woman. Marrying again during the life-time of a husband or wife. 79 The woman whom it was intended to insult or whose privacy was intruded upon. 82(1) The husband or wife of the person so marrying. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous hurt. 117(2) The person to whom hurt is caused. 125 ----- 1 2 3 Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempting wrongfully to confine a person. Theft, by clerk or servant of property in possession of master. 125(a) The person to whom hurt is caused. 125(b) The person to whom hurt is caused. 135 The person assaulted or to whom the force was used. 306 The owner of the property stolen. Criminal breach of trust. 316(2) The owner of the property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk or servant. Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. 316(4) The owner of the property in respect of which the breach of trust has been committed. 318(3) The person cheated. 318(4) The person cheated. 356(2) The person defamed. (3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under [sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be](javascript:fnOpenLinkPopUp('41840','947981');) compounded in like manner. (4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence; (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence. 126 ----- (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. **360. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge** of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,— (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence— (i) was against any law relating to a matter to which the executive power of the Union extends; or (ii) was investigated under any Central Act; or (iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution: Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case. **361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry** into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption- (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. 127 ----- (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. **362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be** **committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage** of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made. **363. Trial of persons previously convicted of offences against coinage, stamp-law or** **property.—(1) Where a person, having been convicted of an offence punishable under Chapter X or** Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or section 268, as the case may be. **364. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a** Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused persons than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law. **365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by** **another.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part** of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. 128 ----- (2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364. **366. Court to be open.—(1) The place in which any Criminal Court is held for the purpose of inquiring** into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an [offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the](javascript:fnOpenLinkPopUp('41840','948191');) [Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of](javascript:fnOpenLinkPopUp('10071','333187');) Children from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court: Provided further that _in camera trial shall be conducted as far as practicable by a woman Judge or_ Magistrate. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court: Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties. CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND **367. Procedure in case of accused being person of unsound mind.—(1) When a Magistrate holding** an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing. (2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist of Government hospital or Government medical college for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual disability: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 369. 129 ----- (4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369. (5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369. **368. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any** person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. (2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatrist or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 369. 130 ----- **369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if** found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or intellectual disability which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual disability, further determine if the release of the accused can be ordered: Provided that— (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training. **370. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under** section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. **371. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused** appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369. **372. When accused appears to have been of sound mind.—When the accused appears to be of sound** mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would 131 ----- have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session. **373. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted** upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not. **374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.—(1)** Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1). **375. Power of State Government to empower officer in charge to discharge.—The State** Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377. **376. Procedure where prisoner of unsound mind is reported capable of making his defence.—If** a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence. **377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a** person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. 132 ----- (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit. **378. Delivery of person of unsound mind to care of relative or friend.—(1) Whenever any relative** or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE **379. Procedure in cases mentioned in section 215.—(1) When, upon an application made to it in this** behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,— (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215. (3) A complaint made under this section shall be signed,— (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; 133 ----- (b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf. (4) In this section, “Court” has the same meaning as in section 215. **380. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to** make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly. (2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision. **381. Power to order costs.—Any Court dealing with an application made to it for filing a complaint** under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just. **382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made** under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. **383. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any** judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. **384. Procedure in certain cases of contempt.—(1) When any such offence as is described** [in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948213');) Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the 134 ----- Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. [(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record](javascript:fnOpenLinkPopUp('41840','948271');) shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. **385. Procedure where Court considers that case should not be dealt with under** **section 384.—(1) If the Court in any case considers that a person accused of any of the offences referred** to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report. **386. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government** so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 384 and 385. **387. Discharge of offender on submission of apology.—When any Court has under section 384** adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction. **388. Imprisonment or committal of person refusing to answer or produce document.—If any** witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385. **389. Summary procedure for punishment for non-attendance by a witness in obedience to** **summons.—(1) If any witness being summoned to appear before a Criminal Court is legally bound to** appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees. 135 ----- (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. **390. Appeals from convictions under sections 383, 384, 388 and 389.—(1) Any person sentenced by** any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate. **391. Certain Judges and Magistrates not to try certain offences when committed before** **themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other** than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. CHAPTER XXIX THE JUDGMENT **392. Judgment.—(1) The judgment in every trial in any Criminal Court of original jurisdiction shall** be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,— (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate. (2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost: Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means. 136 ----- (6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 511. **393. Language and contents of judgment.—(1) Except as otherwise expressly provided by this** Sanhita, every judgment referred to in section 392,— (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision. **394. Order for notifying address of previously convicted offender.—(1) When any person, having** been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence. 137 ----- (2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them. (3) If such conviction is set aside on appeal or otherwise, such order shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts. (6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. **395. Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence** (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied— (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any _bona fide purchaser of such property for the loss of the same if such_ property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. **396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central** Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). 138 ----- (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. (7) The compensation payable by the State Government under this section shall be in addition to the [payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the](javascript:fnOpenLinkPopUp('41840','948052');) Bharatiya Nyaya Sanhita, 2023 (45 of 2023). **397. Treatment of victims.—All hospitals, public or private, whether run by the Central Government,** the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical [treatment, free of cost, to the victims of any offence covered under section 64, section 65, section](javascript:fnOpenLinkPopUp('41840','948051');) [66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948053');) [Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual](javascript:fnOpenLinkPopUp('10071','333187');) Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident. **398. Witness protection scheme.—Every State Government shall prepare and notify a Witness** Protection Scheme for the State with a view to ensure protection of the witnesses. **399. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a police** officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. **400. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable** offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable. (2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. **401. Order to release on probation of good conduct or after admonition.—(1) When any person** not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is 139 ----- convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behavior: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2). (2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. (3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’ imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted. (6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section. (7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions. (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence. 140 ----- (10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. **402. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt** with,— (a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or (b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so. **403. Court not to alter judgment.—Save as otherwise provided by this Sanhita or by any other law** for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. **404. Copy of judgment to be given to accused and other persons.—(1) When the accused is** sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. (5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide. **405. Judgment when to be translated.—The original judgment shall be filed with the record of the** proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record. 141 ----- **406. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried** by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION **407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court** of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. **408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when** such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. **409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under** section 407, the High Court— (a) may confirm the sentence, or pass any other sentence warranted by law; or (b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. **410. Confirmation or new sentence to be signed by two Judges.—In every case so submitted, the** confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them. **411. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of** Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 433. **412. Procedure in cases submitted to High Court for confirmation.—In cases submitted by the** Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session. CHAPTER XXXI APPEALS **413. No appeal to lie unless otherwise provided.—No appeal shall lie from any judgment or order of** a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: 142 ----- Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. **414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping** **peace or good behavior.—Any person, —** (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. **415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its** extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,- (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session. [(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');) [section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948053');) shall be disposed of within a period of six months from the date of filing of such appeal. **416. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything in section** 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (i) if the conviction is by a High Court; or (ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence. **417. No appeal in petty cases.—Notwithstanding anything in section 415, there shall be no appeal by** a convicted person in any of the following cases, namely: — (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: 143 ----- Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. **418. Appeal by State Government against sentence.—(1) Save as otherwise provided in** sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. [(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');) [section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948054');) shall be disposed of within a period of six months from the date of filing of such appeal. # 419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and nonbailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. 144 ----- (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). **420. Appeal against conviction by High Court in certain cases.—Where the High Court has, on** appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. **421. Special right of appeal in certain cases.—Notwithstanding anything in this Chapter, when more** persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. **422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an** appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate. (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear. **423. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by** the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. **424. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition of** appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. **425. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the** judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that— (a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired. 145 ----- (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law. **426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not** dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— (i) to the appellant or his advocate; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground. **427. Powers of Appellate Court.—After perusing such record and hearing the appellant or his** advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may— (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction— (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or (ii) alter the finding, maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence— (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or (ii) alter the finding maintaining the sentence; or 146 ----- (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. **428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the** judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered. **429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided** on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith. **430. Suspension of sentence pending appeal; release of appellant on bail.—(1) Pending any appeal** by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond: Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,— (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court 147 ----- under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. **431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419,** the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. **432. Appellate Court may take further evidence or direct it to be taken.—(1) In dealing with any** appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his advocate shall have the right to be present when the additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry. **433. Procedure where Judges of Court of appeal are equally divided.—When an appeal under this** Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion: Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges. **434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate** Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,— (a) an appeal against acquittal under section 419, arising out of the same case; or (b) an appeal for the enhancement of sentence under section 418, arising out of the same case. **435. Abatement of appeals.—(1) Every appeal under section 418 or section 419 shall finally abate on** the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. _Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or_ sister. 148 ----- CHAPTER XXXII REFERENCE AND REVISION **436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves** a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. _Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses_ Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon. **437. Disposal of case according to decision of High Court.—(1) When a question has been so** referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid. **438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge** may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. _Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or_ appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 439. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. **439. Power to order inquiry.—On examining any record under section 438 or otherwise, the High** Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or subsection (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. 149 ----- **440. Sessions Judge's powers of revision.—(1) In the case of any proceeding the record of which has** been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442. (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. **441. Power of Additional Sessions Judge.—An Additional Sessions Judge shall have and may** exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge. **442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has** been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. **443. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more** persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge. (2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself. (3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge. 150 ----- **444. Option of Court to hear parties.—Save as otherwise expressly provided by this Sanhita, no party** has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate. **445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter** by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. CHAPTER XXXIII TRANSFER OF CRIMINAL CASES **446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to** the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case. **447. Power of High Court to transfer cases and appeals.—(1) Whenever it is made to appear to the** High Court— (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this section is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order— (i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. 151 ----- (3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bond or bail bond for the payment of any compensation which the High Court may award under sub-section (7). (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the disposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court's power of remand under section 346. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of the Government under section 218. **448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to** a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten thousand rupees” were substituted. **449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw** any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be. 152 ----- **450. Withdrawal of cases by Judicial Magistrates.—(1) Any Chief Judicial Magistrate may** withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself. **451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate or** Sub-divisional Magistrate may— (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. # 452. Reasons to be recorded.—A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it. CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES _A.—Death sentences_ **453. Execution of order passed under section 409.—When in a case submitted to the High Court for** the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. **454. Execution of sentence of death passed by High Court.—When a sentence of death is passed by** the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant. **455. Postponement of execution of sentence of death in case of appeal to Supreme** **Court.—(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies** [to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution,](javascript:fnOpenLinkPopUp('784','17057');) the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of. (2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced [makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause](javascript:fnOpenLinkPopUp('784','17055');) [(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence](javascript:fnOpenLinkPopUp('784','17057');) to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired. (3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave [to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to](javascript:fnOpenLinkPopUp('784','17060');) be postponed for such period as it considers sufficient to enable him to present such petition. **456. Commutation of sentence of death on pregnant woman.—If a woman sentenced to death is** found to be pregnant, the High Court shall commute the sentence to imprisonment for life. 153 ----- _B.—Imprisonment_ **457. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for** the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined. (2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either— (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be [deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908](javascript:fnOpenLinkPopUp('787','20247');) (5 of 1908); or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge [of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure,](javascript:fnOpenLinkPopUp('787','20247');) 1908 (5 of 1908). **458. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment** for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. **459. Direction of warrant for execution.—Every warrant for the execution of a sentence of** imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. **460. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the warrant** shall be lodged with the jailor. _Levy of fine_ **461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such** payment has been made, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 395. 154 ----- (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. **462. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 461 by** any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found. **463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not** **extend.—Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an** offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly. **464. Suspension of execution of sentence of imprisonment.—(1) When an offender has been** sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may— (a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days; (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. (2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment. _D.—General provisions regarding execution_ **465. Who may issue warrant.—Every warrant for the execution of a sentence may be issued either by** the Judge or Magistrate who passed the sentence, or by his successor-in-office. **466. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment** for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately. (2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, — 155 ----- (a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately; (b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. (3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment. **467. Sentence on offender already sentenced for another offence.—(1) When a person already** undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. **468. Period of detention undergone by accused to be set off against sentence of imprisonment.—** Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: Provided that in cases referred to in section 475, such period of detention shall be set off against the period of fourteen years referred to in that section. **469. Saving.—(1) Nothing in section 466 or section 467 shall be held to excuse any person from any** part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences. **470. Return of warrant on execution of sentence.—When a sentence has been fully executed, the** officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed. **471. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by** virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section 395”, the words and figures “or an order for payment of costs under section 400” had been inserted. 156 ----- _E.—Suspension, remission and commutation of sentences_ **472. Mercy petition in death sentence cases.—(1) A convict under the sentence of death or his legal** heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition [before the President of India under article 72 or the Governor of the State under article 161 of the](javascript:fnOpenLinkPopUp('784','16989');) Constitution within a period of thirty days from the date on which the Superintendent of the jail, — (i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court; or (ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired. (2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of such petition. (3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case there are more than one convict in a case, also files the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or the State Government for consideration along with the said mercy petition. (4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail. (5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice. (6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the jail or officer in charge of the jail. (7) No appeal shall lie in any Court against the order of the President or of the Governor made [under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of](javascript:fnOpenLinkPopUp('784','16989');) the decision by the President or the Governor shall not be inquired into in any Court. **473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment** for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. 157 ----- (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and— (a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (7) In this section and in section 474, the expression “appropriate Government” means,— (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed. **474. Power to commute sentence.—The appropriate Government may, without the consent of the** person sentenced, commute— (a) a sentence of death, for imprisonment for life; (b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years; (c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years; (d) a sentence of imprisonment for less than seven years, for fine; (e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced. **475. Restriction on powers of remission or commutation in certain cases.—Notwithstanding** anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment. **476. Concurrent power of Central Government in case of death sentences.—The powers conferred** by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government. **477. State Government to act after concurrence with Central Government in certain cases.—(1)** The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by any agency empowered to make investigation into an offence under 158 ----- any Central Act other than this Sanhita; or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS **478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-** bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. _Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it_ shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491. **479. Maximum period for which under trial prisoner can be detained.—(1) Where a person has,** during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: 159 ----- Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. _Explanation.—In computing the period of detention under this section for granting bail, the period of_ detention passed due to delay in proceeding caused by the accused shall be excluded. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail. **480. When bail may be taken in case of non-bailable offence.—(1) When any person accused of, or** suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but— (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years: Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; 160 ----- (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing. (5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond for his appearance to hear judgment delivered. **481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the** trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply. **482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason** to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including— (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence 161 ----- decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. **483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court** of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who [is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948052');) Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of [hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the](javascript:fnOpenLinkPopUp('41840','948052');) Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. **484. Amount of bond and reduction thereof.—(1) The amount of every bond executed under this** Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. **485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond** for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. (3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness. 162 ----- **486. Declaration by sureties.—Every person standing surety to an accused person for his release on** bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars. **487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person** for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed. # 488. Power to order sufficient bail when that first taken is insufficient.—If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. **489. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person** released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. **490. Deposit instead of recognizance.—When any person is required by any Court or officer to** execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. **491. Procedure when bond has been forfeited.—(1) Where, —** (a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or (b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. _Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall_ be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months. 163 ----- (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only. (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. **492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where** a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient. **493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any** surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. **494. Bond required from child.—When the person required by any Court, or officer to execute a bond** is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. **495. Appeal from orders under section 491.—All orders passed under section 491 shall be** appealable,— (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court. **496. Power to direct levy of amount due on certain recognizances.—The High Court or Court of** Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. CHAPTER XXXVI DISPOSAL OF PROPERTY **497. Order for custody and disposal of property pending trial in certain cases.—(1) When any** property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry 164 ----- or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. _Explanation.—For the purposes of this section, “property” includes—_ (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. (2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter. **498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or** trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. **499. Payment to innocent purchaser of money found on accused.—When any person is convicted** of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order. 165 ----- **500. Appeal against orders under section 498 or section 499.—(1) Any person aggrieved by an order** made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made. **[501. Destruction of libellous and other matter.—(1) On a conviction under section 294, section 295,](javascript:fnOpenLinkPopUp('41840','948299');)** [or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the](javascript:fnOpenLinkPopUp('41840','948377');) destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted. [(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276](javascript:fnOpenLinkPopUp('41840','948279');) [or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in](javascript:fnOpenLinkPopUp('41840','948282');) respect of which the conviction was had, to be destroyed. **502. Power to restore possession of immovable property.—(1) When a person is convicted of an** offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: Provided that no such order shall be made by the Court more than one month after the date of the conviction. (2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. **503. Procedure by police upon seizure of property.—(1) Whenever the seizure of property by any** police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. **504. Procedure where no claimant appears within six months.—(1) If no person within such period** establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide. 166 ----- (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate. **505. Power to sell perishable property.—If the person entitled to the possession of such property is** unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale. CHAPTER XXXVII IRREGULAR PROCEEDINGS **506. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to** do any of the following things, namely:— (a) to issue a search-warrant under section 97; (b) to order, under section 174, the police to investigate an offence; (c) to hold an inquest under section 196; (d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction; (e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210; (f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343; (h) to recall a case and try it himself under section 450; or (i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. **507. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in** this behalf, does any of the following things, namely:— (a) attaches and sells property under section 85; (b) issues a search-warrant for a document, parcel or other things in the custody of a postal authority; (c) demands security to keep the peace; (d) demands security for good behaviour; (e) discharges a person lawfully bound to be of good behaviour; (f) cancels a bond to keep the peace; (g) makes an order for maintenance; (h) makes an order under section 152 as to a local nuisance; (i) prohibits, under section 162, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter XI; (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210; (l) tries an offender; 167 ----- (m) tries an offender summarily; (n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 438, for proceedings; or (q) revises an order passed under section 491, his proceedings shall be void. **508. Proceedings in wrong place.—No finding, sentence or order of any Criminal Court shall be set** aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. **509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which** a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, [notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence](javascript:fnOpenLinkPopUp('41841','948496');) in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. **510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or** order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,— (a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge; (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. **511. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject** to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 168 ----- **512. Defect or error not to make attachment unlawful.—No attachment made under this Sanhita** shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES **513. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of** limitation” means the period specified in section 514 for taking cognizance of an offence. **514. Bar to taking cognizance after lapse of period of limitation.—(1) Except as otherwise provided** in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be— (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. (3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. _Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date_ of filing complaint under section 223 or the date of recording of information under section 173. **515. Commencement of period of limitation.—(1) The period of limitation, in relation to an offender,** shall commence,— (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier. (2) In computing the said period, the day from which such period is to be computed shall be excluded. **516. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during** which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. (3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of 169 ----- such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. _Explanation.—In computing the time required for obtaining the consent or sanction of the Government_ or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period of limitation, the time during which the offender— (a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or (b) has avoided arrest by absconding or concealing himself, shall be excluded. **517. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day** when the Court is closed, the Court may take cognizance on the day on which the Court reopens. _Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if,_ during its normal working hours, it remains closed on that day. **518. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin** to run at every moment of the time during which the offence continues. **519. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the** foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. CHAPTER XXXIX MISCELLANEOUS **520. Trials before High Courts.—When an offence is tried by the High Court otherwise than under** section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case. **521. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The** Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or airforce law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Courtmartial. _Explanation.—In this section—_ (a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company; (b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union. 170 ----- (2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Courtmartial. **[522. Forms.—Subject to the power conferred by article 227 of the Constitution, the forms set forth in](javascript:fnOpenLinkPopUp('784','17165');)** the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. **523. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of** the State Government, make rules— (a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed; (d) any other matter which is required to be, or may be, provided by rules made by the State Government. (2) All rules made under this section shall be published in the Official Gazette. **524. Power to alter functions allocated to Executive Magistrate in certain cases.—If the Legislative** Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class. **525. Cases in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall,** except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. _Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in,_ any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. **526. Practising advocate not to sit as Magistrate in certain Courts.—No advocate who practices in** the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. **527. Public servant concerned in sale not to purchase or bid for property.—A public servant having** any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property. **528. Saving of inherent powers of High Court.—Nothing in this Sanhita shall be deemed to limit or** affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 171 ----- **529. Duty of High Court to exercise continuous superintendence over Courts.—Every High Court** shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates. **530. Trial and proceedings to be held in electronic mode.—All trials, inquires and proceedings under** this Sanhita, including— (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. **531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.** (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; (b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita; (c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent. (3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time. 172 ----- THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression “Magistrate of the first class” and “any Magistrate” does not include Executive Magistrates; (ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Section Offence Punishment Cognizable or Non-cognizable Bailable or Nonbailable By what Court triable 1 2 3 4 5 6 # 49 Abetment of any offence, Same as for if the act abetted is offence committed in abetted. consequence, and where no express provision is made for its punishment. # 50 Abetment of any offence, Same as for if the person abetted does offence act with different abetted. intention from that of abettor. # 51 Abetment of any offence, Same as for when one act is abetted offence and a different act is done; intended to be subject to the proviso. abetted. # 52 Abettor when liable to Same as for cumulative punishment offence for act abetted and for act abetted. done. # 53 Abetment of any offence, Same as for when an effect is caused offence by the act abetted committed. different from that intended by the abettor. # 54 Abetment of any offence, Same as for if abettor present when offence offence is committed. committed. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. 173 According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. ----- 1 55 2 3 4 5 6 Abetment of an offence, 55 punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. If an act which causes harm to be done in consequence of the abetment. # 56 Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Abetment of an offence, Imprisonment According as 55 punishable with death or for 7 years and offence abetted imprisonment for life, if fine. is cognizable or the offence be not non-cognizable. committed in consequence of the abetment. If an act which causes Imprisonment According as harm to be done in for 14 years offence abetted consequence of the and fine. is cognizable or abetment. non-cognizable. # 56 Abetment of an offence, Imprisonment According as punishable with extending to offence abetted imprisonment, if the one-fourth of is cognizable or offence be not committed the longest non-cognizable. in consequence of the term provided abetment. for the offence, or fine, or both. If the abettor or the person Imprisonment According as abetted be a public extending to offence abetted servant whose duty it is to one-half of the is cognizable or prevent the offence. longest term non-cognizable. provided for the offence, or fine, or both. 57 Abetting commission of Imprisonment According as an offence by the public which may offence abetted or by more than ten extend to 7 is cognizable or persons. years and fine. non-cognizable. 58(a) Concealing design to Imprisonment According as commit offence for 7 years and offence abetted punishable with death or fine. is cognizable or imprisonment for life, if non-cognizable. the offence be committed. 58(b) If offence be not Imprisonment According as committed. for 3 years and offence abetted fine. is cognizable or non-cognizable. 59(a) A public servant Imprisonment According as concealing a design to extending to offence abetted commit an offence which one-half of the is cognizable or it is his duty to prevent, if longest term non-cognizable. the offence be committed. provided for the offence, or fine, or both. 174 Imprisonment for 7 years and fine. Imprisonment for 14 years and fine. Non-bailable. Court by which offence abetted is triable. Non-bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. Non-bailable. Court by which offence abetted is triable. Bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. ----- 1 2 3 4 5 6 59(b) If the offence be punishable with death or imprisonment for life. 59(c) If the offence be not committed. 60(a) Concealing a design to commit an offence punishable with imprisonment, if offence be committed. 60(b) If the offence be not committed. 59(b) If the offence be Imprisonment for 10 According as Non-bailable. Court by which punishable with death years. offence abetted is offence abetted is or imprisonment for cognizable or triable. life. non-cognizable. 59(c) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is fourth of the longest cognizable or triable. term provided for the non-cognizable. offence, or fine, or both. 60(a) Concealing a design to Imprisonment According as According as Court by which commit an offence extending to one- offence abetted is offence abetted offence abetted is punishable with fourth of the longest cognizable or is bailable or triable. imprisonment, if term provided for the non-cognizable. non-bailable. offence be committed. offence, or fine, or both. 60(b) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is eighth part of the cognizable or triable. longest term non-cognizable. provided for the offence, or fine, or both. 61(2) Criminal conspiracy to Same as for According as the According as Court by which (a) commit an offence abetment of the offence which is offence which abetment of the punishable with death, offence which is the the object of is object of offence which is imprisonment for life or object of the conspiracy is conspiracy is the object of rigorous imprisonment conspiracy. cognizable or bailable or conspiracy is for a term of 2 years or non-cognizable. non-bailable. triable. upwards. 61(2) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the (1) conspiracy. months, or fine, or first class. both. 62 Attempting to commit One half of the According as the According as The court by offence punishable with imprisonment for men offence is the offence which the offence imprisonment for life, life, or imprisonment cognizable or attempted by attempted is or imprisonment, and in not exceeding one- non-cognizable. the offender is triable. such attempt doing any half of the longest bailable or act towards the term, provided for non-bailable. commission of the the offence, or fine, offence. or both. Imprisonment for 10 years. 175 ----- 1 2 3 4 5 6 64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 10 years but which may extend to imprisonment for life, and fine. 64(2) Rape by a police officer Rigorous imprisonment Cognizable. Non-bailable. Court of Session. or a public servant or for not less than 10 years member of armed forces but which may extend to or a person being on the imprisonment for life management or on the which shall mean the staff of a jail, remand remainder of that home or other place of person's natural life and custody or women's or fine. children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. 65(1) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under sixteen but which may extend to years of age. imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. 65(2) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under twelve but which may extend to years of age. imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or death. 176 ----- # 1 2 3 4 5 6 66 Person committing an Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape and for not less than 20 inflicting injury which years but which may causes death or causes the extend to imprisonment woman to be in a for life which shall persistent vegetative state. mean imprisonment for the remainder of that person's natural life or death. 67 Sexual intercourse by Imprisonment for not Cognizable Bailable. Court of Session. husband upon his wife less than 2 years but (only on the during separation. which may extend to 7 complaint of years and fine. the victim). 68 Sexual intercourse by a Rigorous imprisonment Cognizable. Non-bailable. Court of Session. person in authority, etc. for not less than 5 years, but which may extend to 10 years and fine. # 69 Sexual intercourse by Imprisonment which Cognizable. Non-bailable. Court of Session. employing deceitful may extend to 10 years means, etc. and fine. # 70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. # 70(2) Gang rape on a woman Imprisonment for life Cognizable. Non-bailable. Court of Session. under eighteen years of which shall mean age. imprisonment for the remainder of that person's natural life and with fine or with death. # 71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session. which shall mean imprisonment for the remainder of that person's natural life or with death. # 72(1) Disclosure of identity of Imprisonment for 2 Cognizable. Bailable. Any Magistrate. the victim of certain years and fine. offences, etc. 177 ----- # 1 2 3 4 5 6 73 Printing or publication of Imprisonment for Cognizable. Bailable. Any Magistrate. a proceeding without prior 2 years and fine. permission of court. # 74 Assault or use of criminal Imprisonment for Cognizable. Non-bailable. Any Magistrate. force to woman with 1 year which may intent to outrage her extend to 5 years and modesty. fine. # 75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session. punishment for sexual with 3 years, or fine, or harassment specified in both. clause (i) or clause (ii) or clause (iii) of sub-section (1). # 75(3) Sexual harassment and Imprisonment for 1 Cognizable. Non-bailable. Court of Session. punishment for sexual year, or fine, or both. harassment specified in clause (iv) of sub-section (1). 76 Assault or use of criminal Imprisonment for not Cognizable. Non-bailable. Court of Session. force to woman with less than 3 years but intent to disrobe. which may extend to 7 years and fine. # 77 Voyeurism. Imprisonment for not Cognizable. Bailable. Court of Session. less than 1 year but which may extend to 3 years and fine. Second or subsequent Imprisonment for not Cognizable. Non-bailable. Court of Session. conviction. less than 3 years but which may extend to 7 years and fine. # 78(2) Stalking. Imprisonment up to Cognizable. Bailable. Any Magistrate. 3 years and fine. # Second or subsequent Imprisonment up to Cognizable. Non-bailable. Any Magistrate. conviction. 5 years and fine. 79 Uttering any word or Simple imprisonment Cognizable. Bailable. Any Magistrate. making any gesture for 3 years and fine. intended to insult the modesty of a woman, etc. 80(2) Dowry death. Imprisonment for not Cognizable. Non-bailable. Court of Session. less than 7 years but which may extend to imprisonment for life. 81 A man by deceit causing a Imprisonment for 10 Non- Non-bailable. Magistrate of the woman not lawfully years and fine. cognizable. first class. married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. 178 ----- 1 2 3 4 5 6 82(1) Marrying again during the Imprisonment for Non-cognizable. Bailable. Magistrate of the life time of a husband or 7 years and fine. first class. wife. 82(2) Same offence with Imprisonment for Non-cognizable. Bailable. Magistrate of the concealment of the former 10 years and fine. first class. marriage from the person with whom subsequent marriage is contracted. 83 A person with fraudulent Imprisonment up Non-cognizable. Non-bailable. Magistrate of the intention going through the to 7 years and fine. first class. ceremony of being married, knowing that he is not thereby lawfully married. 84 Enticing or taking away or Imprisonment for Non-cognizable. Bailable. Any Magistrate. detaining with a criminal 2 years, or fine, or intent a married woman. both. 85 Punishment for subjecting Imprisonment for Cognizable if Non-bailable. Magistrate of the a married woman to 3 years and fine. information relating first class. cruelty. to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. # 87 Kidnapping, abducting or Imprisonment for Cognizable. Non-bailable. Court of Session. inducing woman to 10 years and fine. compel her marriage, etc. # 88 Causing miscarriage. Imprisonment for Non-cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. If the woman be quick Imprisonment for Non-cognizable. Bailable. Magistrate of the with child. 7 years and fine. first class. 179 ----- 1 2 3 4 5 6 # 89 Causing miscarriage Imprisonment for life, Cognizable. Non-bailable. Court of Session. without women's consent. or imprisonment for 10 years and fine. # 90(1) Death caused by an act Imprisonment for 10 Cognizable. Non-bailable. Court of Session. done with intent to cause years and fine. miscarriage. # 90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session. women's consent. or as above. # 91 Act done with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. prevent a child being born 10 years, or fine, or alive, or to cause it to die both. after its birth. # 92 Causing death of a quick Imprisonment for Cognizable. Non-bailable. Court of Session. unborn child by an act 10 years and fine. amounting to culpable homicide. # 93 Exposure of a child under Imprisonment for Cognizable. Bailable. Magistrate of the 12 years of age by parent 7 years, or fine, or first class. or person having care of it both. with intention of wholly abandoning it. # 94 Concealment of birth by Imprisonment for 2 Cognizable. Bailable. Magistrate of the secret disposal of dead years, or fine, or both. first class. body. # 95 Hiring, employing or Imprisonment for not Cognizable. Non-bailable. Magistrate of the engaging a child to less than 3 years but first class. commit an offence. which may extend to 10 years and fine. If offence be committed. Same as for the Cognizable. Non-bailable. Court by which offence committed. offence committed is triable. # 96 Procuration of child. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. # 97 Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Magistrate of the a child under ten years 7 years and fine. first class. with intent to steal from its person. # 98 Selling child for purposes Imprisonment for Cognizable. Non-bailable. Court of Session. of prostitution, etc. 10 years and fine. # 99 Buying child for purposes Imprisonment for not Cognizable. Non-bailable. Court of Session. of prostitution, etc. less than 7 years but which may extend to 14 years and fine. # 103(1) Murder. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life and fine. 180 ----- # 1 2 3 4 5 6 103(2) Murder by group of five Death or with Cognizable. Non-bailable. Court of Session. or more persons. imprisonment for life and fine. # 104 Murder by life-convict. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life, which shall mean the remainder of that person's natural life. # 105 Culpable homicide not Imprisonment for life, Cognizable. Non-bailable. Court of Session. amounting to murder, if or Imprisonment for act by which the death is not less than 5 years caused is done with but which may extend intention of causing death, to 10 years and fine. etc. If act be done with Imprisonment for Cognizable. Non-bailable. Court of Session. knowledge that it is likely 10 years and with to cause death, but fine. without any intention to cause death, etc. 106(1) Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence. 5 years and fine. first class. Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence by registered 2 years and fine. first class. medical practitioner. # 106(2) Causing death by rash and Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the negligent driving of years and fine. first class. vehicle and escaping. # 107 Abetment of suicide of Death, or Cognizable. Non-bailable. Court of Session. child or person of imprisonment for life, unsound mind, etc. or imprisonment for 10 years and fine. # 108 Abetment of suicide. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. # 109(1) Attempt to murder. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. If such act causes hurt to Imprisonment for life, Cognizable. Non-bailable. Court of Session. any person. or as above. # 109(2) Attempt by life-convict to Death, or Cognizable. Non-bailable. Court of Session. murder, if hurt is caused. imprisonment for life which shall mean the remainder of that person's natural life. 110 Attempt to commit Imprisonment for 3 Cognizable. Non-bailable. Court of Session. culpable homicide. years, or fine or both. If such act causes hurt to Imprisonment for 7 Cognizable. Non-bailable. Court of Session. any person. years, or fine, or both. 181 ----- 1 2 3 4 5 6 111(2) Organised crime resulting Death or imprisonment Cognizable. Non-bailable. Court of Session. (a) in death of any person. for life and fine of not less than 10 lakh rupees. 111(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session. (b) less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(3) Abetting, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session. conspiring or knowingly less than 5 years but facilitating the commission which may extend to of organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(4) Being a member of an Imprisonment for not Cognizable. Non-bailable. Court of Session. organised crime syndicate. less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(5) Intentionally harbouring or Imprisonment for not Cognizable. Non-bailable. Court of Session. concealing any person who less than 3 years but committed offence of which may extend to organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(6) Possessing property Imprisonment for not Cognizable. Non-bailable. Court of Session. derived, or obtained from less than 3 years but the commission of which may extend to organised crime. imprisonment for life and fine of not less than 2 lakh rupees. 111(7) Possessing property on Imprisonment for not Cognizable. Non-bailable. Court of Session. behalf of a member of an less than 3 years but organised crime syndicate. which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. # 112 Petty Organised crime. Imprisonment for not Cognizable. Non-bailable. Magistrate of the less than 1 year but first class. which may extend to 7 years and fine. 113(2) Terrorist act resulting in Death or Cognizable. Non-bailable. Court of Session. (a) the death of any person. imprisonment for life and fine. 182 ----- 1 2 3 4 5 6 113(2) In any other case. Imprisonment for not (b) less than 5 years but which may extend to imprisonment for life and fine. 113(3) Conspiring, attempting, Imprisonment for not abetting, etc., or less than 5 years but knowingly facilitating the which may extend to commission of terrorist imprisonment for life act. and fine. # 113(4) Organising camps, Imprisonment for not training, etc., for less than 5 years but commission of terrorist which may extend to act. imprisonment for life and fine. # 113(5) Being a member of an Imprisonment for life organisation involved in and fine. terrorist act. # 113(6) Harbouring, concealing, Imprisonment for not etc., of any person who less than 3 years but committed a terrorist act. which may extend to imprisonment for life and fine. # 113(7) Possessing property Imprisonment for life derived or obtained from and fine. commission of terrorist act. # 115(2) Voluntarily causing hurt. Imprisonment for 1 year or fine of 10,000 rupees, or both. # 117(2) Voluntarily causing Imprisonment for 7 grievous hurt. years and fine. # 117(3) If hurt to results in Rigorous permanent disability or imprisonment for not persistent vegetative state. less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life. # 117(4) Grievous hurt caused by a Imprisonment for 7 group of 5 or more years and fine. persons. # 118(1) Voluntarily causing hurt Imprisonment for 3 by dangerous weapons or years, or fine of means. 20,000 rupees, or both. 183 Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Noncognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Any Magistrate. ----- # 1 2 3 4 5 6 # 118(2) Voluntarily causing Imprisonment for life Cognizable. Non-bailable. Magistrate of the grievous hurt by or imprisonment of first class. dangerous weapons or not less than 1 year means [except as provided but which may extend in section 122(2)]. to 10 years and fine. # 119(1) Voluntarily causing hurt Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the to extort property, or to years and fine. first class. constrain to an illegal act. # 119(2) Voluntarily causing Imprisonment for life, Cognizable. Non-bailable. Court of Session. grievous hurt for any or imprisonment for purpose referred to in sub-10 years and fine. section (1). # 120(1) Voluntarily causing hurt Imprisonment for 7 Cognizable. Bailable. Magistrate of the to extort confession or years and fine. first class. information, or to compel restoration of property, etc. 120(2) Voluntarily causing Imprisonment for 10 Cognizable. Non-bailable. Court of Session. grievous hurt to extort years and fine. confession or information, or to compel restoration of property, etc. 121(1) Voluntarily causing hurt Imprisonment for 5 Cognizable. Non-bailable. Magistrate of the to deter public servant years, or fine, or both. first class. from his duty. 121(2) Voluntarily causing Imprisonment not less Cognizable. Non-bailable. Court of Session. grievous hurt to deter than 1 year, or public servant from his imprisonment for 10 duty. years and fine. 122(1) Voluntarily causing hurt Imprisonment for 1 Non- Bailable. Any Magistrate. on grave and sudden month, or fine of cognizable. provocation, not intending 5,000 rupees, or both. to hurt any other than the person who gave the provocation. 122(2) Causing grievous hurt on Imprisonment for 5 Cognizable. Bailable. Magistrate of the grave and sudden years, or fine of first class. provocation, not intending 10,000 rupees, or to hurt any other than the both. person who gave the provocation. 123 Causing hurt by means of Imprisonment for 10 Cognizable. Non-bailable. Court of Session. poison, etc., with intent to years and fine. commit an offence. 184 ----- 1 2 3 4 5 6 124(1) Voluntarily causing grievous hurt by use of acid, etc. 124(2) Voluntarily throwing or attempting to throw acid. Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. Imprisonment for 5 years but which may extend to 7 years and fine. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. 125 Doing any act Imprisonment for 3 endangering human life or months, or fine of personal safety of others. 2,500 rupees, or both. 125(a) Where hurt is caused. Imprisonment for 6 months, or fine of 5,000 rupees, or both. 125(b) Where grievous hurt is caused. 126(2) Wrongfully restraining any person. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 years, or fine of 10,000 rupees, or both. Simple imprisonment Cognizable. Bailable. Any Magistrate. for 1 month, or fine of 5,000 rupees, or both. 127(2) Wrongfully confining any Imprisonment for Cognizable. Bailable. Any Magistrate. person. 1 year, or fine of 5,000 rupees, or both. 127(3) Wrongfully confining for Imprisonment for Cognizable. Bailable. Any Magistrate. three or more days. 3 years, or fine of 10,000 rupees, or both. 127(4) Wrongfully confining for Imprisonment for Cognizable. Non-bailable. Magistrate of the 10 or more days. 5 years and fine of first class. 10,000 rupees. 127(5) Keeping any person in Imprisonment for Cognizable. Bailable. Magistrate of the wrongful confinement, 2 years in addition to first class. knowing that a writ has any term of been issued for his imprisonment to liberation. under any other section and fine. 127(6) Wrongful confinement in Imprisonment for Cognizable. Bailable. Magistrate of the secret. 3 years in addition to first class. other punishment which he is liable to and fine. 185 ----- 1 2 3 4 5 6 127(7) Wrongful confinement for Imprisonment for 3 the purpose of extorting years and fine. property, or constraining to an illegal act, etc. 127(8) Wrongful confinement for Imprisonment for 3 the purpose of extorting years and fine. confession or information, or for compelling restoration of property, etc. Cognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. 131 Assault or criminal force otherwise than on grave provocation. 132 Assault or use of criminal force to deter public servant from discharge of his duty. 133 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. Imprisonment for 3 months, or fine of 1,000 rupees, or both. Noncognizable. Bailable. Any Magistrate. Imprisonment for 2 Cognizable. Non-bailable. Any Magistrate. years, or fine, or both. Imprisonment for 2 Nonyears, or fine, or both. cognizable. Bailable. Any Magistrate. 134 Assault or criminal force Imprisonment for 2 Cognizable. Bailable. Any Magistrate. in attempt to commit theft years, or fine, or both. of property worn or carried by a person. 135 Assault or use of criminal force in attempt wrongfully to confine a person. Imprisonment for 1 year, or fine of 5,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 136 Assault or use of criminal Simple imprisonment Nonforce on grave and sudden for one month, or fine cognizable. provocation. of 1,000 rupees, or both. Bailable. Any Magistrate. 137(2) Kidnapping. Imprisonment for 7 years and fine. Cognizable. Bailable. Magistrate of the first class. 139(1) Kidnapping a child for purposes of begging. Rigorous Cognizable. Non-bailable. Magistrate of the imprisonment not be first class. less than 10 years but which may extend to imprisonment for life, and fine. 186 ----- 1 2 3 4 5 6 139(2) Maiming a child for purposes of begging. 140(1) Kidnapping or abducting in order to murder. 140(2) Kidnapping for ransom, etc. 140(3) Kidnapping or abducting with intent secretly and wrongfully to confine a person. 140(4) Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. 141 Importation of a girl or boy from foreign country. 142 Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Imprisonment not be less than 20 years which may extend to remainder of that person's natural life, and fine. Cognizable. Non-bailable. Court of Session. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. Death, or imprisonment for life and fine. Cognizable. Non-bailable. Court of Session. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. Imprisonment for 10 years and fine. Punishment for kidnapping or abduction. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court by which the kidnapping or abduction is triable. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. 143(2) Trafficking of person. Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine. 143(3) Trafficking of more than one person. Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. 143(4) Trafficking of a child. Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. 187 ----- 1 2 3 4 5 6 143(5) Trafficking of more than Rigorous Cognizable. Non-bailable. Court of Session. one child. imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. 143(6) Person convicted of offence Imprisonment for life Cognizable. Non-bailable. Court of Session. of trafficking of child on which shall mean the more than one occasion. remainder of that person's natural life and fine. 143(7) Public servant or a police Imprisonment for life Cognizable. Non-bailable. Court of Session. officer involved in which shall mean the trafficking of child. remainder of that person's natural life and fine. 144(1) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked child. imprisonment for not less than 5 years but which may extend to 10 years and fine. 144(2) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked person. imprisonment for not less than 3 years but which may extend to 7 years and fine. 145 Habitual dealing in slaves. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 146 Unlawful compulsory Imprisonment for 1 Cognizable. Bailable. Any Magistrate. labour. year, or fine, or both. 147 Waging or attempting to Death, or Cognizable. Non-bailable. Court of Session. wage war, or abetting the imprisonment for life waging of war, against the and fine. Government of India. 148 Conspiring to commit Imprisonment for life, Cognizable. Non-bailable. Court of Session. certain offences against or imprisonment for the State. 10 years and fine. 149 Collecting arms, etc., with Imprisonment for life, Cognizable. Non-bailable. Court of Session. the intention of waging or imprisonment for war against the 10 years and fine. Government of India. 150 Concealing with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. facilitate a design to wage 10 years and fine. war. 151 Assaulting President, Imprisonment for Cognizable. Non-bailable. Court of Session. Governor, etc., with intent 7 years and fine. to compel or restrain the exercise of any lawful power. 188 ----- 1 2 3 4 5 6 152 Act endangering sovereignty, unity and integrity of India. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 7 years and fine. 153 Waging war against Imprisonment for life Cognizable. Non-bailable. Court of Session. Government of any and fine, or foreign State at peace with imprisonment for 7 the Government of India. years and fine, or fine. 154 Committing depredation Imprisonment for 7 on the territories of any years and fine, and foreign state at peace with forfeiture of certain the Government of India. property. 155 Receiving property taken Imprisonment for 7 by war or depredation years and fine, and mentioned in sections 153 forfeiture of certain and 154. property. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. 156 Public servant voluntarily allowing prisoner of state or war in his custody to escape. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 157 Public servant negligently Simple imprisonment suffering prisoner of State for 3 years and fine. or war in his custody to escape. Cognizable. Bailable. Magistrate of the first class. 158 Aiding escape of, rescuing Imprisonment for life, Cognizable. Non-bailable. Court of Session. or harbouring such or imprisonment for prisoner. 10 years and fine. 159 Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty. 160 Abetment of mutiny, if mutiny is committed in consequence thereof. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. Death, or Cognizable. Non-bailable. Court of Session. imprisonment for life, or imprisonment for 10 years and fine. 161 Abetment of assault by an Imprisonment for Cognizable. Non-bailable. Magistrate of the officer, soldier, sailor or 3 years and fine. first class. airman on his superior officer, when in execution of his office. 162 Abetment of such assault, if the assault committed. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 189 ----- 1 2 3 4 5 6 163 Abetment of the desertion of an officer, soldier, sailor or airman. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 164 Harbouring deserter. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 165 Deserter concealed on Fine of 3,000 rupees. Non- Bailable. Any Magistrate. board merchant vessel cognizable. through negligence of master or person in charge thereof. 166 Abetment of act of Imprisonment for Cognizable. Bailable. Any Magistrate. insubordination by an 2 years, or fine, or officer, soldier, sailor or both. airman if the offence be committed in consequence. 168 Wearing garb or carrying Imprisonment for 3 Cognizable. Bailable. Any Magistrate. token used by soldier, months, or fine of sailor or airman. 2,000 rupees, or both. 173 Bribery. Imprisonment for 1 Non- Bailable. Magistrate of the year or fine, or both, cognizable. first class. or if treating only, fine only. 174 Undue influence or Imprisonment for Non- Bailable. Magistrate of the personation at an election. 1 year, or fine, or cognizable. first class. both. 175 False statement in Fine. Non- Bailable. Magistrate of the connection with an cognizable. first class. election. 176 Illegal payments in Fine of 10,000 rupees. Non- Bailable. Magistrate of the connection with elections. cognizable. first class. 177 Failure to keep election Fine of 5,000 rupees. Non- Bailable. Magistrate of the accounts. cognizable. first class. 178 Counterfeiting coins, Imprisonment for life, Cognizable. Non-bailable. Court of Session. government stamps, or imprisonment for currency-notes or bank- 10 years and fine. notes. 179 Using as genuine forged Imprisonment for life, Cognizable. Non-bailable. Court of Session. or counterfeit coin, or imprisonment for Government stamp 10 years and fine. currency-notes or banknotes. 180 Possession of forged or Imprisonment for Cognizable. Non-bailable. Court of Session. counterfeit coin, 7 years, or fine, or Government stamp, both. currency-notes or banknotes. 190 ----- 1 2 3 4 5 6 181 Making, buying, selling or Imprisonment for life, Cognizable. Non-bailable. Court of Session. possessing machinery, or imprisonment for 10 instrument or material for years and fine. forging or counterfeiting coins, Government stamp, currency-notes or banknotes. 182(1) Making or using Fine of 300 rupees. Non- Bailable. Any Magistrate. documents resembling cognizable. currency-notes or banknotes. 182(2) On refusal to disclose the Fine of 600 rupees. Non- Bailable. Any Magistrate. name and address of the cognizable. printer. 183 Effacing any writing from a Imprisonment for 3 Cognizable. Bailable. Magistrate of the substance bearing a years, or fine, or both. first class. Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. 184 Using a Government stamp Imprisonment for 2 Cognizable. Bailable. Any Magistrate. known to have been before years, or fine, or both. used. 185 Erasure of mark denoting Imprisonment for 3 Cognizable. Bailable. Magistrate of the that stamps have been used. years, or fine, or both. first class. 186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate. 187 Person employed in a Mint Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the causing coin to be of a years and fine. first class. different weight or composition from that fixed by law. 188 Unlawfully taking from a Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the Mint any coining years and fine. first class. instrument. 189(2) Being member of an Imprisonment for 6 Cognizable. Bailable. Any Magistrate. unlawful assembly. months, or fine, or both. 189(3) Joining or continuing in an Imprisonment for 2 Cognizable. Bailable. Any Magistrate. unlawful assembly, years, or fine, or both. knowing that it has been commanded to disperse. 189(4) Joining an unlawful Imprisonment for 2 Cognizable. Bailable. Any Magistrate. assembly armed with any years, or fine, or both. deadly weapon. 189(5) Knowingly joining or Imprisonment for 6 Cognizable. Bailable. Any Magistrate. continuing in any assembly months, or fine, or of five or more persons both. after it has been commanded to disperse. 191 ----- 1 2 3 4 5 6 189(6) Hiring, engaging or The same as for a Cognizable. According as The Court by employing persons to take member of such offence is which the offence part in an unlawful assembly, and for any bailable or non- is triable. assembly. offence committed by bailable. any member of such assembly. 189(7) Harbouring persons hired Imprisonment for Cognizable. Bailable. Any Magistrate. for an unlawful assembly. 6 months, or fine, or both. 189(8) Being hired to take part in Imprisonment for Cognizable. Bailable. Any Magistrate. an unlawful assembly or 6 months, or fine, or riot. both. 189(9) Or to go armed. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 190 Every member of The same as for the According as According as The Court by unlawful assembly guilty offence. offence is offence is which the offence of offence committed in cognizable or bailable or non- is triable. prosecution of common non- bailable. object. cognizable. 191(2) Rioting. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 191(3) Rioting, armed with a Imprisonment for Cognizable. Bailable. Magistrate of the deadly weapon. 5 years, or fine, or first class. both. 192 Wantonly giving Imprisonment for Cognizable. Bailable. Any Magistrate. provocation with intent to 1 year, or fine, or cause riot, if rioting be both. committed. If not committed. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine, or both. 193(1) Owner or occupier of land Fine of 1,000 rupees. Non- Bailable. Any Magistrate. not giving information of cognizable. riot, etc. 193(2) Person for whose benefit Fine. Non- Bailable. Any Magistrate. or on whose behalf a riot cognizable. takes place not using all lawful means to prevent it. 193(3) Agent of owner or Fine. Non- Bailable. Any Magistrate. occupier for whose cognizable. benefit a riot is committed not using all lawful means to prevent it. 194(2) Committing affray. Imprisonment for one Cognizable. Bailable. Any Magistrate. month, or fine of 1,000 rupees, or both. 192 ----- 1 2 3 4 5 6 195(1) Assaulting or obstructing public servant when suppressing riot, etc. 195(2) Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. 196(1) Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 196(2) Promoting enmity between classes in place of worship, etc. 197(1) Imputations, assertions prejudicial to national integration. 197(2) If committed in a place of public worship, etc. 198 Public servant disobeying direction of the law with intent to cause injury to any person. 199 Public servant disobeying direction under law. 200 Non-treatment of victim by hospital. 201 Public servant framing an incorrect document with intent to cause injury. 202 Public servant unlawfully engaging in trade. 203 Public servant unlawfully buying or bidding for property. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine not first class. less than 25,000 rupees, or both. Imprisonment for Non- Bailable. Any Magistrate. 1 year, or fine, or cognizable. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years and fine. first class. Simple imprisonment Non- Bailable. Magistrate of the for 1 year, or fine, or cognizable. first class. both. Rigorous Cognizable. Bailable. Magistrate of the imprisonment for not first class. less than 6 months which may extend to 2 years and fine. Imprisonment for Non- Bailable. Magistrate of the 1 year, or fine, or cognizable. first class. both. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. Simple imprisonment Non- Bailable. Magistrate of the for 1 year, or fine, or cognizable. first class. both, or community service. Simple imprisonment Non- Bailable. Magistrate f the for 2 years, or fine, or cognizable. firstclass. both and confiscation of property, if purchased. 193 ----- 1 2 3 4 5 6 204 Personating a public servant. 205 Wearing garb or carrying token used by public servant with fraudulent intent. 206(a) Absconding to avoid service of summons or other proceeding from a public servant. 206(b) If summons or notice require attendance in person, etc., in a Court. 207(a) Preventing service of summons or other proceeding, or preventing publication thereof. 207(b) If summons, etc., require attendance in person, etc., in a Court. 208(a) Non-attendance in obedience to an order from public servant. 208(b) If the order requires personal attendance, etc., in a Court 209 Non-appearance in response to a proclamation under section 84 of this Sanhita. In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender. Imprisonment for not Cognizable. Non-bailable. Any Magistrate. less than 6 months but which may extend to 3 years and fine. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 5,000 rupees, or both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both, or community service. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 194 Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. ----- 1 2 3 4 5 6 210(a) Omission to produce Simple imprisonment Non document to public for 1 month, or fine of cognizable. servant by person legally 5,000 rupees, or both. bound to produce or deliver it. 210(b) If the document is Simple imprisonment Non required to be produced in for 6 months, or fine cognizable. or delivered to a Court. of 10,000 rupees, or both. 211(a) Intentional omission to Simple imprisonment Non give notice or information for 1 month, or fine of cognizable. to public servant by 5,000 rupees, or both. person legally bound to give it. 211(b) If the notice or Simple imprisonment Non information required for 6 months, or fine cognizable. respects the commission of 10,000 rupees, or of an offence, etc. both. 211(c) If the notice or Imprisonment for Non information is required by 6 months, or fine of cognizable. an order passed under 1,000 rupees, or both. sub-section (1) of section 394 of this Sanhita. 212(a) Knowingly furnishing Simple imprisonment Non false information to public for 6 months, or fine cognizable. servant. of 5,000 rupees, or both. 212(b) If the information Imprisonment for Non required respects the 2 years, or fine, or cognizable. commission of an offence, both. etc. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. 195 ----- 1 2 3 4 5 6 213 Refusing oath when duly required to take oath by a public servant. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Noncognizable. Noncognizable. Noncognizable. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. Magistrate of the first class. Bailable. Any Magistrate. Bailable. Any Magistrate. 214 Being legally bound to Simple imprisonment state truth, and refusing to for 6 months, or fine answer public servant of 5,000 rupees, or authorised to question. both. 215 Refusing to sign a Simple imprisonment Nonstatement made to a for 3 months, or fine cognizable. public servant when of 3,000 rupees, or legally required to do so. both. 216 Knowingly stating to a Imprisonment for Nonpublic servant on oath as 3 years and fine. cognizable. true that which is false. 217 Giving false information Imprisonment for Nonto a public servant in 1 year, or with fine of cognizable. order to cause him to use 10,000 rupees, or his lawful power to the both. injury or annoyance of any person. 218 Resistance to the taking of Imprisonment for Nonproperty by the lawful 6 months, or fine of cognizable. authority of a public 10,000 rupees, or servant. both. 196 ----- 1 2 3 4 5 6 219 Obstructing sale of Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of a public 5,000 rupees, or both. servant. 220 Illegal purchase or bid for Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of public 200 rupees, or both. servant. 221 Obstructing public servant Imprisonment for Non- Bailable. Any Magistrate. in discharge of his public 3 months, or fine of cognizable. functions. 2,500 rupees, or both. 222(a) Omission to assist public Simple imprisonment Non- Bailable. Any Magistrate. servant when bound by for 1 month, or fine of cognizable. law to give such 2,500 rupees, or both. assistance. 222(b) Wilfully neglecting to aid Simple imprisonment Non- Bailable. Any Magistrate. a public servant who for 6 months, or fine cognizable. demands aid in the of 5,000 rupees, or execution of process, the both. prevention of offences, etc. 223(a) Disobedience to an order Simple imprisonment Cognizable. Bailable. Any Magistrate. lawfully promulgated by a for 6 months, or fine public servant, if such of 2,500 rupees, or disobedience causes both. obstruction, annoyance or injury to persons lawfully employed. 223(b) If such disobedience Imprisonment for Cognizable. Bailable. Any Magistrate. causes danger to human 1 year, or fine of life, health or safety, or 5,000 rupees, or both. causes or tends to cause a riot or affray. 224 Threat of injury to public Imprisonment for Non- Bailable. Any Magistrate. servant, etc. 2 years, or fine, or cognizable. both. 225 Threat of injury to induce Imprisonment for Non- Bailable. Any Magistrate. person to refrain from 1 year, or fine, or cognizable. applying for protection to both. public servant. 226 Attempt to commit Imprisonment for Non- Bailable. Any Magistrate. suicide to compel or 1 year, or fine, or cognizable. restraint exercise of both, or community lawful power. service. 229(1) Intentionally giving or Imprisonment for Non- Bailable. Magistrate of the fabricating false evidence 7 years and 10,000 cognizable. first class. in a judicial proceeding. rupees. 197 ----- 1 2 3 4 5 6 229(2) Giving or fabricating false Imprisonment for Non- Bailable. Any Magistrate. evidence in any other 3 years and 5,000 cognizable. case. rupees. 230(1) Giving or fabricating false Imprisonment for life, Non- Non-bailable. Court of Session. evidence with intent to or rigorous cognizable. cause any person to be imprisonment for convicted of capital 10 years and 50,000 offence. rupees. 230(2) If innocent person be Death, or as above. Non- Non-bailable. Court of Session. thereby convicted and cognizable. executed. 231 Giving or fabricating false The same as for the Non- Non-bailable. Court of Session. evidence with intent to offence. cognizable. procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. 232(1) Threatening any person to Imprisonment for Cognizable. Non-bailable. Court by which give false evidence. 7 years, or fine, or offence of giving both. false evidence is triable. 232(2) If innocent person is The same as for the Cognizable. Non-bailable. Court by which convicted and sentenced offence. offence of giving in consequence of false false evidence is evidence with death, or triable. imprisonment for more than 7 years. 233 Using in a judicial The same as for Non- According as Court by which proceeding evidence giving or fabricating cognizable. offence of offence of giving known to be false or false evidence. giving such or fabricating fabricated. evidence is false evidence is bailable or non- triable. bailable. 234 Knowingly issuing or The same as for Non- Bailable. Court by which signing a false certificate giving false evidence. cognizable. offence of giving relating to any fact of false evidence is which such certificate is triable. by law admissible in evidence. 235 Using as a true certificate The same as for Non- Bailable. Court by which one known to be false in a giving false evidence. cognizable. offence of giving material point. false evidence is triable. 236 False statement made in The same as for Non- Bailable. Court by which any declaration which is giving false evidence. cognizable. offence of giving by law receivable as false evidence is evidence. triable. 198 ----- 1 2 3 4 5 6 237 Using as true any such The same as for Non- Bailable. Court by which declaration known to be giving false evidence. cognizable. offence of giving false. false evidence is triable. 238(a) Causing disappearance of Imprisonment for According as Bailable. Court of Session. evidence of an offence 7 years and fine. the offence in committed, or giving false relation to information touching it to which screen the offender, if a disappearance capital offence. of evidence is caused is cognizable or noncognizable. 238(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. imprisonment for 10 years. 238(c) If punishable with less Imprisonment for Non- Bailable. Court by which than 10 years' one-fourth of the cognizable. the offence is imprisonment. longest term provided triable. for the offence, or fine, or both. 239 Intentional omission to Imprisonment for Non- Bailable. Any Magistrate. give information of an 6 months, or fine of cognizable. offence by a person 5,000 rupees, or both. legally bound to inform. 240 Giving false information Imprisonment for Non- Bailable. Any Magistrate. respecting an offence 2 years, or fine, or cognizable. committed. both. 241 Secreting or destroying Imprisonment for Non- Bailable. Magistrate of the any document to prevent 3 years, or fine of cognizable. first class. its production as evidence. 5,000 rupees, or both. 242 False personation for the Imprisonment for Non- Bailable. Magistrate of the purpose of any act or 3 years, or fine, or cognizable. first class. proceeding in a suit or both. criminal prosecution, or for becoming bail or security. 243 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment, etc., of 3 years, or fine, of cognizable. property to prevent its 5,000 rupees, or both. seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. 199 ----- 1 2 3 4 5 6 244 Claiming property Imprisonment for Non- Bailable. Any Magistrate. without right, or 2 years, or fine, or cognizable. practising deception both. touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. 245 Fraudulently suffering a Imprisonment for Non- Bailable. Magistrate of the decree to pass for a sum 2 years, or fine, or cognizable. first class. not due, or suffering both. decree to be executed after it has been satisfied. 246 False claim in a Court. Imprisonment for Non- Bailable. Magistrate of the 2 years and fine. cognizable. first class. 247 Fraudulently obtaining a Imprisonment for Non- Bailable. Magistrate of the decree for a sum not due, 2 years, or fine, or cognizable. first class. or causing a decree to be both. executed after it has been satisfied. 248(a) False charge of offence Imprisonment for Non- Bailable. Magistrate of the made with intent to injure. 5 years, or fine of cognizable. first class. 2 lakh rupees, or both. 248(b) Criminal proceeding Imprisonment for Non- Bailable. Court of Session. instituted on a false 10 years and fine. cognizable. charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. 249(a) Harbouring an offender, if Imprisonment for Cognizable. Bailable. Magistrate of the the offence is punishable 5 years and fine. first class. with death. 249(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 249(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term, and of the descriptions, provided for the offence, or fine, or both. 200 ----- 1 2 3 4 5 6 250(a) Taking gift, etc., to screen Imprisonment for Cognizable. Bailable. Magistrate of the an offender from 7 years and fine. first class. punishment if the offence is punishable with death. 250(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 250(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less one-fourth of the first class. than 10 years. longest term provided for the offence, or fine, or both. 251(a) Offering gift or Imprisonment for Non- Bailable. Magistrate of the restoration of property in 7 years and fine. cognizable. first class. consideration of screening offender if the offence is punishable with death. 251(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. with imprisonment for 10 years. 251(c) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for less one-fourth of the cognizable. first class. than 10 years. longest term, provided for the offence, or fine, or both. 252 Taking gift to help to Imprisonment for Cognizable. Bailable. Magistrate of the recover movable property 2 years, or fine, or first class. of which a person has both. been deprived by an offence without causing apprehension of offender. 253(a) Harbouring an offender Imprisonment for Cognizable. Bailable. Magistrate of the who has escaped from 7 years and fine. first class. custody, or whose apprehension has been ordered, if the offence is punishable with death. 253(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. with imprisonment for without fine. 10 years. 201 ----- 1 2 3 4 5 6 253(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term provided for the offence, or fine, or both. 254 Harbouring robbers or Rigorous Cognizable. Bailable. Magistrate of the dacoits. imprisonment for first class. 7 years and fine. 255 Public servant disobeying Imprisonment for Non- Bailable. Any Magistrate. a direction of law with 2 years, or fine, or cognizable. intent to save person from both. punishment, or property from forfeiture. 256 Public servant framing an Imprisonment for Cognizable. Bailable. Magistrate of the incorrect record or writing 3 years, or fine, or first class. with intent to save person both. from punishment, or property from forfeiture. 257 Public servant in a judicial Imprisonment for Non- Bailable. Magistrate of the proceeding corruptly 7 years, or fine, or cognizable. first class. making and pronouncing both. an order, report, etc. contrary to law. 258 Commitment for trial or Imprisonment for Non- Bailable. Magistrate of the confinement by a person 7 years, or fine, or cognizable. first class. having authority, who both. knows that he is acting contrary to law. 259(a) Intentional omission to Imprisonment for According as Bailable. Magistrate of the apprehend on the part of a 7 years, with or the offence in first class. public servant bound by without fine. relation to law to apprehend an which such offender, if the offence is omission has punishable with death. been made is cognizable or noncognizable. 259(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. imprisonment for without fine. 10 years. 259(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less 2 years, with or first class. than 10 years. without fine. 202 ----- 1 2 3 4 5 6 260(a) Intentional omission to Imprisonment for life, Cognizable. Non-bailable. Court of Session. apprehend on the part of a or imprisonment for public servant bound by 14 years, with or law to apprehend person without fine. under sentence of a Court if under sentence of death. 260(b) If under sentence of imprisonment for life or imprisonment for 10 years, or upwards. 260(c) If under sentence of imprisonment for less than 10 years or lawfully committed to custody. 261 Escape from confinement negligently suffered by a public servant. 262 Resistance or obstruction by a person to his lawful apprehension. 263(a) Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. 263(b) If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. 263(c) If charged with offence punishable with death. 263(d) If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years, with or first class. without fine. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. Simple imprisonment for 2 years, or fine, or both. Noncognizable. Bailable. Any Magistrate. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 263(e) If under sentence of death. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 203 ----- 1 2 3 4 5 6 264 Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:- (a) in case of intentional Imprisonment for Non- Bailable. Magistrate of the omission or sufferance; 3 years, or fine, or cognizable. first class. both. (b) in case of negligent Simple imprisonment Non- Bailable. Any Magistrate. omission or sufferance. for 2 years, or fine, or cognizable. both. 265 Resistance or obstruction Imprisonment Cognizable. Bailable. Any Magistrate. to lawful apprehension, or for 6 months, or fine, escape or rescue in cases or both. not otherwise provided for. 266 Violation of condition of Punishment of Cognizable. Non-bailable. The Court by remission of punishment. original sentence, which the original or if part of the offence was punishment has triable. been undergone, the residue. 267 Intentional insult or Simple imprisonment Non- Bailable. The Court in interruption to a public for 6 months, or fine cognizable. which the offence servant sitting in any of 5,000 rupees, or is committed, stage of a judicial both. subject to the proceeding. provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 268 Personation of an assessor. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or both. cognizable. first class. 269 Failure by person released Imprisonment for Cognizable. Non-bailable. Any Magistrate. on bond or bail bond to 1 year, or fine, or both. appear in Court. 271 Negligently doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 6 months, or fine, or infection of any disease both. dangerous to life. 272 Malignantly doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 2 years, or fine, or both. infection of any disease dangerous to life. 273 Knowingly disobeying any Imprisonment for Non- Bailable. Any Magistrate. quarantine rule. 6 months, or fine, or cognizable. both. 274 Adulterating food or drink Imprisonment for Non- Bailable. Any Magistrate. intended for sale, so as to 6 months, or fine of cognizable. make the same noxious. 5,000 rupees, or both. 204 ----- 1 2 3 4 5 6 275 Selling any food or drink as Imprisonment for Non- Bailable. Any Magistrate. food and drink, knowing the 6 months, or fine of cognizable. same to be noxious. 5,000 rupees, or both. 276 Adulterating any drug or Imprisonment for Non- Non-bailable. Any Magistrate. medical preparation intended 1 year, or fine of 5,000 cognizable. for sale so as to lessen its rupees, or both. efficacy, or to change its operation, or to make it noxious. 277 Sale of adulterated drugs. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine of cognizable. 5,000 rupees, or both. 278 Knowingly selling of drug Imprisonment for Non- Bailable. Any Magistrate. as a different drug or 6 months, or fine of cognizable. preparation. 5,000 rupees, or both. 279 Fouling water of public Imprisonment for Cognizable. Bailable. Any Magistrate. spring or reservoir. 6 months, or fine of 5,000 rupees, or both. 280 Making atmosphere Fine of 1,000 rupees. Non- Bailable. Any Magistrate. noxious to health. cognizable. 281 Rash driving or riding on Imprisonment for Cognizable. Bailable. Any Magistrate. a public way. 6 months, or fine of 1,000 rupees, or both. 282 Rash navigation of vessel. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine of 10,000 rupees, or both. 283 Exhibition of a false light, Imprisonment for Cognizable. Bailable. Magistrate of the mark or buoy. 7 years, and fine first class. which shall not be less than 10,000 rupees. 284 Conveying person by Imprisonment for Cognizable. Bailable. Any Magistrate. water for hire in unsafe or 6 months, or fine of overloaded vessel. 5,000 rupees, or both. 285 Causing danger or Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate. obstruction in public way or line of navigation. 286 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to poisonous 6 months, or fine of substance. 5,000 rupees, or both. 287 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to fire or 6 months, or fine of combustible matter. 2,000 rupees, or both. 288 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to explosive 6 months, or fine of substance. 5,000 rupees, or both. 289 Negligent conduct with Imprisonment for Non- Bailable. Any Magistrate. respect to machinery. 6 months, or fine of cognizable. 5,000 rupees, or both. 205 ----- 1 2 3 4 5 6 290 Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. 291 Negligent conduct with respect to animal. 292 Committing public nuisance in cases not otherwise provided for. 293 Continuance of nuisance after injunction to discontinue. 294(2) Sale, etc., of obscene books, etc. 295 Sale, etc., of obscene objects to child. Imprisonment for Non6 months, or fine of cognizable. 5,000 rupees, or both. Bailable. Any Magistrate. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine of 5,000 rupees, or both. Fine of 1,000 rupees. Non- Bailable. Any Magistrate. cognizable. 293 Continuance of nuisance Simple imprisonment Cognizable. Bailable. Any Magistrate. after injunction to for 6 months, or fine discontinue. of 5,000 rupees, or both. 294(2) Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. books, etc. with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees. 295 Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. objects to child. with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. 296 Obscene acts and songs. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 1,000 rupees, or both. 297(1) Keeping a lottery office. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 297(2) Publishing proposals Fine of 5,000 rupees. Non- Bailable. Any Magistrate. relating to lotteries. cognizable. 298 Defiling, etc., place of Imprisonment for Cognizable. Non-bailable. Any Magistrate. worship, with intent to 2 years, or fine, or insult the religion of any both. class. 206 ----- 1 2 3 4 5 6 299 Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 300 Disturbing religious assembly. 301 Trespassing on burial places, etc. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. 300 Disturbing religious Imprisonment for Cognizable. Bailable. Any Magistrate. assembly. 1 year, or fine, or both. 301 Trespassing on burial Imprisonment for Cognizable. Bailable. Any Magistrate. places, etc. 1 year, or fine, or both. 302 Uttering words, etc., with Imprisonment for Non- Bailable. Any Magistrate. deliberate intent to wound 1 year, or fine, or cognizable. religious feelings. both. 303(2) Theft. Rigorous Cognizable. Non-bailable. Any Magistrate. imprisonment for not be less than 1 year but which may extend to 5 years, and fine. Where value of property Upon return of the Non- Bailable. Any Magistrate. is less than 5,000 rupees. value of property or cognizable. restoration of the stolen property, shall be punished with community service. 304(2) Snatching. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 3 years and fine. 305 Theft in a dwelling house, Imprisonment for Cognizable. Non-bailable. Any Magistrate. or means of transportation 7 years and fine. or place of worship, etc. 306 Theft by clerk or servant Imprisonment for Cognizable. Non-bailable. Any Magistrate. of property in possession 7 years and fine. of master or employer. 308(2) Extortion. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years, or fine, or first class. both. 308(3) Putting or attempting to Imprisonment for Cognizable. Bailable. Any Magistrate. put in fear of injury, in 2 years, or fine, or order to commit extortion. both. 308(4) Putting or attempting to Imprisonment for Cognizable. Non-bailable. Magistrate of the put a person in fear of 7 years and fine. first class. death or grievous hurt in order to commit extortion. 308(5) Extortion by putting a Imprisonment for Cognizable. Non-bailable. Magistrate of the person in fear of death or 10 years and fine. first class. grievous hurt. 207 ----- 1 2 3 4 5 6 308(6) Putting a person in fear of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. 308(7) Extortion by threat of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years. 309(4) Robbery. Rigorous Cognizable. Non-bailable. Magistrate of the imprisonment for first class. 10 years and fine. If robbery committed on Rigorous Cognizable. Non-bailable. Magistrate of the highway between sunset imprisonment for first class. and sunrise. 14 years. 309(5) Attempt to commit Rigorous Cognizable. Non-bailable. Magistrate of the robbery. imprisonment for first class. 7 years and fine. 309(6) Causing hurt. Imprisonment for life, Cognizable. Non-bailable. Magistrate of the or rigorous first class. imprisonment for 10 years and fine. 310(2) Dacoity. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. 310(3) Murder in dacoity. Death, imprisonment Cognizable. Non-bailable. Court of Session. for life, or rigorous imprisonment for not less than 10 years and fine. 310(4) Making preparation to Rigorous Cognizable. Non-bailable. Court of Session. commit dacoity. imprisonment for 10 years and fine. 310(5) Being one of five or Rigorous Cognizable. Non-bailable. Court of Session. more persons assembled imprisonment for for the purpose of 7 years and fine. committing dacoity. 208 ----- 1 2 3 4 5 6 310(6) Belonging to a gang of Imprisonment for life, Cognizable. Non-bailable. Court of Session. persons associated for the or rigorous purpose of habitually imprisonment for committing dacoity. 10 years and fine. 311 Robbery or dacoity, with Imprisonment for not Cognizable. Non-bailable. Court of Session. attempt to cause death or less than 7 years. grievous hurt. 312 Attempt to commit Imprisonment for not Cognizable. Non-bailable. Court of Session. robbery or dacoity when less than 7 years. armed with deadly weapon. 313 Belonging to a wandering Rigorous Cognizable. Non-bailable. Magistrate of the gang of persons imprisonment for first class. associated for the purpose 7 years and fine. of habitually committing thefts. 314 Dishonest Imprisonment of not Non- Bailable. Any Magistrate. misappropriation of less than 6 months but cognizable. movable property, or which may extend converting it to one's own to 2 years and fine. use. 315 Dishonest Imprisonment for Non- Bailable. Magistrate of the misappropriation of 3 years and fine. cognizable. first class. property possessed by deceased person at the time of his death. If by clerk or person Imprisonment for Non- Bailable. Magistrate of the employed by deceased. 7 years. cognizable. first class. 316(2) Criminal breach of trust. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years, or fine, or first class. both. 316(3) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a carrier, wharfinger, 7 years and fine. first class. etc. 316(4) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a clerk or servant. 7 years and fine. first class. 316(5) Criminal breach of trust Imprisonment for life, Cognizable. Non-bailable. Magistrate of the by public servant or by or imprisonment for first class. banker, merchant or 10 years and fine. agent, etc. 317(2) Dishonestly receiving Imprisonment for Cognizable. Non-bailable. Any Magistrate. stolen property 3 years, or fine, or knowing it to be stolen. both. 209 ----- 1 2 3 4 5 6 317(3) Dishonestly receiving stolen property, knowing that it was obtained by dacoity. 317(4) Habitually dealing in stolen property. 317(5) Assisting in concealment Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. ) Assisting in concealment Imprisonment for Cognizable. Non-bailable. Any Magistrate. or disposal of stolen 3 years, or fine, or property, knowing it to be both. stolen. 318(2) Cheating. Imprisonment for Non3 years, or fine, or cognizable. both. 318(3) Cheating a person whose Imprisonment for Non interest the offender was 5 years, or fine, or cognizable. bound, either by law or by both. legal contract, to protect. Bailable. Any Magistrate. Bailable. Any Magistrate. 318(4) Cheating and dishonestly inducing delivery of property. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 319(2) Cheating by personation. Imprisonment for Cognizable Bailable. Any Magistrate. 5 years, or with fine, or with both. 320 Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. Imprisonment of not Nonbe less than 6 months cognizable. but which may extend to 2 years, or fine, or both. 321 Dishonest or fraudulently Imprisonment for Nonpreventing from being 2 years, or fine, or cognizable. made available for his both. creditors a debt or demand due to the offender. 322 Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration. Imprisonment for Non3 years, or fine, or cognizable. both. 210 Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. ----- 1 2 3 4 5 6 323 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment of property, 3 years, or fine, or cognizable. of himself or any other both. person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. 324(2) Mischief. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 324(3) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to any property 1 year, or fine, or cognizable. including property of both. Government or Local Authority. 324(4) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to the amount of 2 years, or fine, or cognizable. twenty thousand rupees both. but less than 2 lakh rupees. 324(5) Mischief causing loss or Imprisonment for Cognizable. Bailable. Magistrate of the damage to the amount of 5 years, or fine, or first class. one lakh rupees or both. upwards. 324(6) Mischief with preparation Imprisonment for Cognizable. Bailable. Magistrate of the for causing to any person 5 years, and fine. first class. death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. 325 Mischief by killing or Imprisonment for Cognizable. Bailable. Magistrate of the maiming animal. 5 years, or fine, or first class. both. 326(a) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the diminution of supply of 5 years, or fine, or first class. water for agricultural both. purposes, etc. 326(b) Mischief by injury to Imprisonment for Cognizable. Bailable. Magistrate of the public road, bridge, 5 years, or fine, or first class. navigable river, or both. navigable channel, and rendering it impassable or less safe for travelling or conveying property. 326(c) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the inundation or obstruction 5 years, or with fine, first class. to public drainage or with both. attended with damage. 211 ----- 1 2 3 4 5 6 326(d) Mischief by destroying or Imprisonment for 7 Cognizable. Bailable. Magistrate of the moving or rendering less years, or fine, or both. first class. useful a lighthouse or seamark, or by exhibiting false lights. 326(e) Mischief by destroying or Imprisonment for Non- Bailable. Any Magistrate. moving, etc., a landmark 1 year, or fine, or cognizable. fixed by public authority. both. 326(f) Mischief by fire or Imprisonment for Cognizable. Bailable. Magistrate of the explosive substance with 7 years and fine. first class. intent to cause damage. 326(g) Mischief by fire or Imprisonment for life, Cognizable. Non-bailable. Court of Session. explosive substance with or imprisonment for intent to destroy a house, 10 years and fine. etc. 327(1) Mischief with intent to Imprisonment for 10 Cognizable. Non-bailable. Court of Session. destroy or make unsafe a years and fine. decked vessel or a vessel of 20 tonnes burden. 327(2) The mischief described in Imprisonment for life, Cognizable. Non-bailable. Court of Session. the last section when or imprisonment for committed by fire or any 10 years and fine. explosive substance. 328 Running vessel with Imprisonment for Cognizable. Non-bailable. Court of Session. intent to commit theft, etc. 10 years and fine. 329(3) Criminal trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 5,000 rupees, or both. 329(4) House-trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 1 year, or fine of 5,000 rupees, or both. 331(1) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking. 2 years and fine. 331(2) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Any Magistrate. or house-breaking by 3 years and fine. night. 331(3) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking in order 3 years and fine. to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the years. first class. 212 ----- 1 2 3 4 5 6 331(4) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking by night 5 years and fine. in order to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for Cognizable. Non-bailable. Magistrate of the 14 years. first class. 331(5) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking after 10 years and fine. first class. preparation made for causing hurt, assault, etc. 331(6) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking by 14 years and fine. first class. night, after preparation made for causing hurt, etc. 331(7) Grievous hurt caused Imprisonment for life, Cognizable. Non-bailable. Court of Session. whilst committing or imprisonment for lurking house-trespass 10 years and fine. or house-breaking. 331(8) Death or grievous hurt Imprisonment for life, Cognizable. Non-bailable. Court of Session. caused by one of several or imprisonment for persons jointly concerned 10 years and fine. in house-breaking by night, etc. 332(a) House-trespass in order Imprisonment for life, Cognizable. Non-bailable. Court of Session. to the commission of an or rigorous offence punishable with imprisonment for death. 10 years and fine. 332(b) House-trespass in order Imprisonment for Cognizable. Non-bailable. Court of Session. to the commission of an 10 years and fine. offence punishable with imprisonment for life. 332(c) House-trespass in order Imprisonment for Cognizable. Bailable. Any Magistrate. to the commission of an 2 years and fine. offence punishable with imprisonment. If the offence is theft. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 7 years. 333 House-trespass, having Imprisonment for Cognizable. Non-bailable. Any Magistrate. made preparation for 7 years and fine. causing hurt, assault, etc. 334(1) Dishonestly breaking Imprisonment for Cognizable. Non-bailable. Any Magistrate. open or unfastening any 2 years, or fine, or closed receptacle both. containing or supposed to contain property. 213 ----- 1 2 3 4 5 6 334(2) Being entrusted with any Imprisonment for Cognizable. Bailable. Any Magistrate. closed receptacle 3 years, or fine, or containing or supposed to both. contain any property, and fraudulently opening the same. 336(2) Forgery. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or cognizable. first class. both. 336(3) Forgery for the purpose of Imprisonment for Cognizable. Non-bailable. Magistrate of the cheating. 7 years and fine. first class. 336(4) Forgery for the purpose of Imprisonment for Cognizable. Bailable. Magistrate of the harming the reputation of 3 years and fine. first class. any person or knowing that it is likely to be used for that purpose. 337 Forgery of a record of a Imprisonment for Non- Non-bailable. Magistrate of the Court or of a Registrar of 7 years and fine cognizable. first class. Births, etc., kept by a public servant. 338 Forgery of a valuable Imprisonment for life, Non- Non-bailable. Magistrate of the security, will, or authority or imprisonment for cognizable. first class. to make or transfer any 10 years and fine. valuable security, or to receive any money, etc. When the valuable Imprisonment for life, Cognizable. Non-bailable. Magistrate of the security is a promissory or imprisonment for first class. note of the Central 10 years and fine. Government. 339 Having possession of a Imprisonment for Cognizable. Bailable. Magistrate of the document, knowing it to 7 years and fine. first class. be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 337. If the document is one Imprisonment for Non- Bailable. Magistrate of the of the description life, or imprisonment cognizable. first class. mentioned in section 338. for 7 years and fine. 340(2) Using as genuine a forged Punishment for Cognizable. Bailable. Magistrate of the document which is known forgery of such first class. to be forged. document. 214 ----- 1 2 3 4 5 6 341(1) Making or counterfeiting Imprisonment for life, Cognizable. Bailable. Magistrate of the a seal, plate, etc., with or imprisonment for first class. intent to commit a forgery 7 years and fine. punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(2) Making or counterfeiting Imprisonment for Cognizable. Bailable. Magistrate of the a seal, plate, etc., with 7 years and fine. first class. intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(3) Possesses any seal, plate Imprisonment for Cognizable. Bailable. Magistrate of the or other instrument 3 years and fine. first class. knowing the same to be counterfeit. 341(4) Fraudulently or Same as if he had Cognizable. Bailable. Magistrate of the dishonestly uses as made or counterfeited first class. genuine any seal, plate or such seal, plate or other instrument knowing other instrument. or having reason to believe the same to be counterfeit. 342(1) Counterfeiting a device or Imprisonment for life, Non- Bailable. Magistrate of the mark used for or imprisonment for cognizable. first class. authenticating documents 7 years and fine. described in section 338 or possessing counterfeit marked material. 342(2) Counterfeiting a device or Imprisonment for Non- Non-bailable. Magistrate of the mark used for 7 years and fine. cognizable. first class. authenticating documents other than those described in section 338 or possessing counterfeit marked material. 343 Fraudulently destroying or Imprisonment for life, Non- Non-bailable. Magistrate of the defacing, or attempting to or imprisonment for cognizable. first class. destroy or deface, or 7 years and fine. secreting, a will, etc. 344 Falsification of accounts. Imprisonment for Non- Bailable. Magistrate of the 7 years, or fine, or cognizable. first class. both. 215 ----- 1 2 3 4 5 6 345(3) Using a false property Imprisonment for Non mark with intent to 1 year, or fine, or cognizable. deceive or injure any both. person. 346 Removing, destroying or Imprisonment for Nondefacing property mark 1 year, or fine, or cognizable. with intent to cause both. injury. 347(1) Counterfeiting a property Imprisonment for Non mark used by another, 2 years, or fine, or cognizable. with intent to cause both. damage or injury. 347(2) Counterfeiting a property Imprisonment for Non mark used by a public 3 years and fine. cognizable. servant, or any mark used by him to denote the manufacture, quality, etc., of any property. 348 Fraudulently making or Imprisonment for Nonhaving possession of any 3 years, or fine, or cognizable. die, plate or other both. instrument for counterfeiting any public or private property mark. 349 Knowingly selling goods Imprisonment for Nonmarked with a counterfeit 1 year, or fine, or cognizable. property mark. both. 350(1) Fraudulently making a Imprisonment for Non false mark upon any 3 years, or fine, or cognizable. package or receptacle both. containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. 350(2) Making use of any such Imprisonment for Non false mark. 3 years, or fine, or cognizable. both. 351(2) Criminal intimidation. Imprisonment for Non2 years, or fine, or cognizable both. 351(3) If threat be to cause death Imprisonment for Non or grievous hurt, etc. 7 years, or fine, or cognizable both. 351(4) Criminal intimidation by Imprisonment for Non anonymous 2 years, in addition to cognizable. communication or having the punishment under taken precaution to section 351(1). conceal whence the threat comes. 216 Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Magistrate of the first class. Bailable. Magistrate of the first class. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable Any Magistrate. Bailable Magistrate of the first class. Bailable. Magistrate of the first class. ----- 1 2 3 4 5 6 352 Insult intended to provoke Imprisonment for Non- Bailable. Any Magistrate. breach of the peace. 2 years, or fine, or cognizable. both. 353(1) False statement, rumour, Imprisonment for Non- Non-bailable. Any Magistrate. etc., circulated with intent 3 years, or fine, or cognizable. to cause mutiny or offence both. against the public peace. 353(2) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., with intent to create 3 years, or fine, or enmity, hatred or ill-will both. between different classes. 353(3) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., made in place of 5 years and fine. worship, etc., with intent to create enmity, hatred or ill-will. 354 Act caused by inducing a Imprisonment for Non- Bailable. Any Magistrate. person to believe that he 1 year, or fine, or cognizable. will be rendered an object both. of Divine displeasure. 355 Appearing in a public Simple imprisonment Non- Bailable. Any Magistrate. place, etc., in a state of for 24 hours, or fine cognizable. intoxication, and causing of 1,000 rupees, or annoyance to any person. both or with community service. 356(2) Defamation against the Simple imprisonment Non- Bailable. Court of Session. President or the Vice- for 2 years, or fine or cognizable. President or the Governor both, or community of a State or service. Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Defamation in any other Simple imprisonment Non- Bailable. Magistrate of the case. for 2 years, or fine or cognizable. first class. both or community service. 217 ----- 1 2 3 4 5 6 356(3) Printing or engraving Simple imprisonment Non matter knowing it to be for 2 years, or fine, or cognizable. defamatory against the both. President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Printing or engraving Simple imprisonment Nonmatter knowing it to be for 2 years, or fine, or cognizable. defamatory, in any other both. case. 356(4) Sale of printed or Simple imprisonment Non engraved substance for 2 years, or fine, or cognizable. containing defamatory both. matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Sale of printed or Simple imprisonment Nonengraved substance for 2 years, or fine, or cognizable. containing defamatory both. matter, knowing it to contain such matter in any other case. 357 Being bound to attend on Imprisonment for Nonor supply the wants of a 3 months, or fine of cognizable. person who is helpless 5,000 rupees, or both. from youth, unsoundness of mind or disease, and voluntarily omitting to do so. 218 Bailable. Court of Session. Bailable. Magistrate of the first class. Bailable. Court of Session. Bailable. Magistrate of the first class. Bailable. Any Magistrate. ----- **II.--CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS** Offence Cognizable or non-cognizable. Bailable or nonbailable. By what court triable. 1 2 3 4 If punishable with death, imprisonment for life, or imprisonment for more than 7 years. Cognizable. Non-bailable. Court of Session. If punishable with imprisonment for Cognizable. Non-bailable. Magistrate of the first class. 3 years and upwards but not more than 7 years. If punishable with imprisonment for less than 3 years or with fine only. Non-cognizable. Bailable. Any Magistrate.] 219 ----- THE SECOND SCHEDULE (See section 522) FORM No.1 NOTICE FOR APPEARANCE BY THE POLICE [See section 35(3)] Serial No……. Police Station……… To, ................................. [Name of the Accused/Noticee] ................................. [Last known Address] ................................. [Phone No./ Email ID (if any)] In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I hereby inform you that during the investigation of FIR/Case No …………………..dated…………… u/s ………………………………… registered at Police Station ……………………………………………..., it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ………..........…… AM/PM on……………………... at Police Station. Name and Designation of the Officer In charge (Seal) ______ 220 ----- FORM No. 2 SUMMONS TO AN ACCUSED PERSON (See section 63) To..............................................(name of accused) of ..............................................(address) WHEREAS your attendance is necessary to answer to a charge of.......................................... .............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate, before the (Magistrate) of...................................................................................., on the..............................................day............................................... Herein fail not. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 221 ----- FORM No. 3 WARRANT OF ARREST (See section 72) To .............................................. (name and designation of the person or persons who is or are to execute _the warrant)._ WHEREAS (name _of_ _accused)_ of (address) stands charged with the offence of ...................................................... (state the offence), you are hereby directed to arrest the said ......................................................, and to produce him before me. Herein fail not. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) (See section 73) This warrant may be endorsed as follows:— If the said.............................................................. shall give bail himself in the sum of rupees.............................................. with one surety in the sum of rupees.............................................. (or two sureties each in the sum of rupees..............................................) to attend before me on the.............................................. day of.............................................. and to continue so to attend until otherwise directed by me, he may be released. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 222 ----- FORM No. 4 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 83) I, ............................................................(name), of..........................................................., being brought before the District Magistrate of...........................................................(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of..........................................................., do hereby bind myself to attend in the Court of.................................................................on the..................................day of ...........................................................next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees................................................. . Dated, this.............................................. day of.............................................., 20 ............... . (Signature) I do hereby declare myself surety for the above-named.............................................. of.......................................................... that he shall attend before in the Court of on the.............................................. day of.............................................. next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees............................................................. . Dated, this.............................................. day of.............................................., 20 ............. . (Signature) ———— 223 ----- FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 84) WHEREAS a complaint has been made before me that................................................... (name, _description and address) has committed (or_ is suspected to have committed) the offence of .............................................., punishable under section.............................................. of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction that the said.............................................. (name) has absconded (or is concealing himself to avoid the service of the said warranty); Proclamation is hereby made that the said.............................................. of.............................................. is required to appear at.............................................. (place) before this Court (or before me) to answer the said complaint on the.............................................. day of.............................................. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 224 ----- FORM No. 6 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 84, 90 and 93) WHEREAS complaint has been made before me that..............................................(name, description and _address)_ has committed (or is suspected to have committed) the offence of ..............................................(mention the offence concisely) and a warrant has been issued to compel the attendance of..............................................(name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said..............................................(name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said..............................................(name) is required to appear at..............................................(place) before the Court..............................................on the........................................day of.........................................next at..............................................o'clock to be examined touching..............................................the offence complained of. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 225 ----- FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 85) To the officer in charge of the police station at.............................................. WHEREAS a warrant has been duly issued to compel the attendance of.....................................................................(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said..............................................to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said..............................................to the value of rupees..............................................which you may find within the District..............................................of..............................................and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 226 ----- **FORM No. 8** ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 85) To .............................................. (name and designation of the person or persons who is or are to execute _the warrant)._ Whereas complaint has been made before me that .............................................. (name, description and _address) has committed (or is suspected to have committed) the offence of .............................................._ punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said .............................................. to appear to answer the said charge within .............................................. days; and whereas the said .............................................. is possessed of the following property, other than land paying revenue to Government, in the village (or town), of .............................................., in the District of .............................................., _viz., .............................................., and an order has been made for the_ attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both[*], of sub-section (3) of section 85, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) - Strike out the one which is not applicable, depending on the nature of the property to be attached. 227 ----- **FORM No. 9** ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 85) To the District Magistrate/Collector of the District of .............................................. WHEREAS complaint has been made before me that .............................................. (name, description _and_ _address)_ has committed (or _is_ _suspected_ _to_ _have_ _committed)_ the offence of .............................................., punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the _service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published_ requiring the said ....................................... (name) to appear to answer the said charge within ......................................... days; and whereas the said .............................................. is possessed of certain land paying revenue to Government in the village (or town) of .............................................., in the District of ..............................................; You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both[*], of sub-section (4) of section 85, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) - Strike out the one which is not desired. 228 ----- **FORM No. 10** WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 90) To .............................................. (name and designation of the police officer or other person or persons _who is or are to execute the warrant)._ WHEREAS complaint has been made before me that .............................................. (name and description of accused) of .............................................. (address) has (or is suspected to have) committed the offence of .............................................. (mention the offence concisely), and it appears likely that .............................................. (name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said .............................................. (name of witness), and on the .............................................. day of .............................................. to bring him before this Court .............................................., to be examined touching the offence complained of. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) ______ 229 ----- **FORM No. 11** WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 96) To .............................................. (name and designation of the police officer or other person or persons _who is or are to execute the warrant)._ WHEREAS information has been laid .............................................. (or complaint has been made) before me of the commission .............................................. (or suspected commission) of the offence of .............................................. (mention the offence concisely), and it has been made to appear to me that the production of .............................................. (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence); This is to authorise and require you to search for the said .............................................. (the thing _specified) in the .............................................. (describe the house or place or part thereof to which the_ _search is to be confined), and, if found, to produce the same forthwith before this Court, returning this_ warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) ______ 230 ----- **FORM No. 12** WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 97) To .............................................. (name and designation of the police officer above the rank of a constable). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the .............................................. (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section); This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case _may be) (add, when the case requires it) and also of any instruments and materials which you may_ reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court) (Signature) ______ 231 ----- **FORM No. 13** BOND TO KEEP THE PEACE (See sections 125 and 126) WHEREAS I,.............................................................. (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to keep the peace for the term of ............................................. or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government, the sum of rupees .............................................. Dated, this .............................................. day of .............................................., 20 ............ . (Signature) ______ 232 ----- **FORM No. 14** BOND FOR GOOD BEHAVIOUR (See sections 127, 128 and 129) Whereas I, ............................................................... (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of .............................................. (state the period) or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees ................... Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) (Where a bond with sureties is to be executed, add) We do hereby declare ourselves sureties for the above-named ........................................ that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees ................................. Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court) (Signature) ______ 233 ----- **FORM No. 15** SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 132) To .............................................. of .............................................. WHEREAS it has been made to appear to me by credible information that ................................ (state the _substance of the information), and that you are likely to commit a breach of the peace (or by which act a_ _breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly_ _authorised agent) at the office of the Magistrate of .............................................. on the_ .............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees .............................................. [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) _surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you_ will keep the peace for the term of .............................................. Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court) (Signature) ______ 234 ----- **FORM No. 16** WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 141) To the Officer in charge of the Jail at .............................................. WHEREAS .............................................. (name and address) appeared before me in person (or by his _authorised agent) on the .............................................. day of .............................................. in obedience to_ a summons calling upon him to show cause why he should not enter into a bond for rupees .............................................. with one surety (or a bond with two sureties each in rupees ..............................................), that he, the said .............................................. (name) would keep the peace for the period of months; and whereas an order was then made requiring the said .............................................. (name) to enter into and find such security ......................................... (state _the security ordered when it differs from that mentioned in the summons), and he has failed to comply with_ the said order; This is to authorise and require you to receive the said .............................................. (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .............................................. (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court) (Signature) ______ 235 ----- FORM No. 17 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 141) To the Officer in charge of the Jail at.............................................. WHEREAS it has been made to appear to me that .............................................. (name and description) has been concealing his presence within the district of .............................................. and that there is reason to believe that he is doing so with a view to committing a cognizable offence; _or_ WHEREAS evidence of the general character of..............................................(name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, _etc., as the case may be);_ AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees.............................................. and the said surety (or each of the said sureties) rupees ..............................................and the said..............................................(name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished; This is to authorise and require you receive the said..............................................( _name) into your_ custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ........... . (Seal of the Court) (Signature) ———— 236 ----- **FORM No. 18** WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 141 and 142) To the Officer in charge of the Jail at..............................................(or other officer in whose custody the _person is)._ WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the.............................................. day of ..............................................20..............................................; and has since duly given security under section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023. _or_ WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the......................................................... day of ..............................................20.................; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorise and require you forthwith to discharge the said .............................................. (name) from your custody unless he is liable to be detained for some other cause. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 237 ----- **FORM No. 19** WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE (See section 144) To the Officer in charge of the Jail at.............................................. WHEREAS..............................................(name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife ..............................................(name) [or his child..............................................(name) or his father or mother..............................................(name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said......................................................( name) to allow to his said ..............................................wife (or child _or_ father _or_ mother) for maintenance the monthly sum of rupees..............................................; and whereas it has been further proved that the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................; And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of..............................................; This is to authorise and require you receive the said..............................................(name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 238 ----- **FORM No. 20** WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE (See section 144) To............................................................................................................................................. .......... (name and designation of the police officer or other person to execute the warrant). WHEREAS an order has been duly made requiring..............................................(name) to allow to his said wife (or child _or_ father _or_ mother) for maintenance the monthly sum of rupees.............................................., and whereas the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of.............................................. This is to authorise and require you to attach any movable property belonging to the said..............................................(name) which may be found within the district of.............................................., and if within..............................................(state the number of days or _hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable_ property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 239 ----- **FORM No. 21** ORDER FOR THE REMOVAL OF NUISANCES (See section 152) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place) ........................................................... by, etc., ..............................................(state what it is that causes the _obstruction or nuisance), and that such obstruction (or nuisance) still exists;_ _or_ WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of ..............................................(state the particular trade or occupation and the place where _it is carried on), and that the same is injurious to the public health (or_ comfort) by reason..............................................(state briefly in what manner the injurious effects are caused), and should be suppressed or removed to different place; _or_ WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well _or_ excavation) adjacent to the public way ..............................................(describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); _or_ WHEREAS, etc., etc., (as the case may be); I do hereby direct and require you within..............................................(state the time allowed) (state _what is required to be done to abate the nuisance) ............................................. or to appear_ at..............................................in the ............................................. Court of..............................................on the ..............................................day of..............................................next, and to show cause why this order should not be enforced; _or_ I do hereby direct and require you within..............................................(state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; _or_ I do hereby direct and require you within..............................................(state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; _or_ I do hereby direct and require you, etc., etc. (as the case may be). Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 240 ----- **FORM No. 22** MAGISTRATE'S NOTICE AND PEREMPTORY ORDER (See section 160) To..............................................(name, description and address). I HEREBY give you notice that it has been found that the order issued on the ...............................................................day of..................................................................................requiring you ..............................................(state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state _the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience_ thereto. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 241 ----- **FORM No. 23** INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 161) To..............................................(name, description and address). WHEREAS the inquiry into the conditional order issued by me on the..............................................day of .............................................., 20.............................................., is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and enjoin you forthwith to .............................................. (state plainly what is required to be done as a _temporary safeguard), pending the result of the inquiry._ Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 242 ----- **FORM No. 24** MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE (See section 162) To..............................................(name, description and address). WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper _recital, guided by Form No. 21 or Form No. 25, as the case may be);_ I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 243 ----- **FORM No. 25** MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. (See section 163) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you are in possession (or have the management) of ..............................................(describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; _or_ WHEREAS it has been made to appear to me that you and a number of other persons (mention the class _of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be)_ and that such procession is likely to lead to a riot or an affray; _or_ WHEREAS, etc., etc., (as the case may be); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; _or_ I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require). Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 244 ----- **FORM No. 26** MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE (See section 164) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between..............................................(describe the parties by name and residence or residence only _if the dispute be between bodies of villagers) concerning certain..............................................(state_ _concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon_ to give in a written statement of their respective claims as to the fact of actual possession of the said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said..............................................(name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said..............................................(the _subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly_ forbid any disturbance of his (or their) possession in the meantime. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 245 ----- **FORM No. 27** WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. (See section 165) To the officer in charge of the police station at.............................................. (or, To the Collector of..............................................). WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed between..............................................(describe the parties concerned by name and residence, or residence _only if the dispute be between bodies of villagers) concerning certain..............................................(state_ _concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were_ thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said..............................................(the subject of _dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree_ or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 246 ----- **FORM No. 28** MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER (See section 166) A dispute having arisen concerning the right of use of..............................................(state concisely the _subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed_ exclusively by..............................................(describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout _the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if_ _the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is_ capable of being enjoyed"); I do order that the said..............................................(the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 247 ----- **FORM No. 29** BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER (See section 189) I,..............................................(name), of.............................................., being charged with the offence of.............................................., and after inquiry required to appear before the Magistrate of.............................................. _or_ and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at.............................................., in the Court of........................................., on the..............................................day of..............................................next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein. I bind myself to forfeit to Government, the sum of rupees..............................................; Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or _sureties)_ for the above said .............................................. (name) that he shall attend at..............................................in the Court of......................................., on the.....................................day of..............................................next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees..................... Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 248 ----- **FORM No. 30** BOND TO PROSECUTE OR GIVE EVIDENCE (See section 190) I,..............................................(name) of ............................................. (place), do hereby bind myself to attend at.....................................................................in the Court of............................................................. at.............................................................o'clock on the..............................................................................day of..............................................next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of..............................................against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.................. Dated, this.............................................. day of.............................................., 20 ............ . (Signature) ———— 249 ----- **FORM No. 31** SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 229) To, ....................................................................................................... (Name of the accused) of..............................................(address) WHEREAS your attendance is necessary to answer a charge of a petty offence ..............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate) before..............................................(Magistrate) of..............................................on the..............................................day of.............................................. 20.............................................., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) (Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.) ———— 250 ----- **FORM No. 32** NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,.............................................. etc. (state the offence as in the charge) Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 251 ----- **FORM No. 33** CHARGES (See sections 234, 235 and 236) I. CHARGES WITH ONE-HEAD (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:— (b) On section 147.—That you, on or about the...................................................................................day of.............................................., at.............................................., waged war against the Government of India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and seal of the Magistrate) [To be substituted for (b)]:— (2) On section 151.—That you, on or about the..............................................................................day of.............................................., at.............................................., with the intention of inducing the President of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Government) assaulted President (or, as the case may be, the Governor), and thereby committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (3) On section 198.—That you, on or about the................................................................................day of.............................................., at.............................................., did (or omitted to do, as the case may be) ............................................., such conduct being contrary to the provisions of..............................................Act .............................................., section.............................................., and known by you to be prejudicial to.............................................., and thereby committed an offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (4) On section 229.—That you, on or about the...............................................................................day of.............................................., at.............................................., in the course of the trial of ..............................................before.............................................., stated in evidence that “..............................................” which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (5) On section 105.—That you, on or about the..................................................................................day of.............................................., at.............................................., committed culpable homicide not amounting to murder, causing the death of.............................................., and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (6) On section 108.—That you, on or about the..............................................................................day of......................................................, at......................................................., abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (7) On section 117(2).—That you, on or about the...........................................................................day of.............................................., at.............................................., voluntarily caused grievous hurt 252 ----- to..................................., and thereby committed an offence punishable under section 117(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (8) On section 309(2).—That you, on or about the..........................................................................day of.............................................., at.............................................., robbed.............................................. (state the name), and thereby committed an offence punishable under section 309(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (9) On section 310(2).—That you, on or about the............................................................................day of.............................................., at.............................................., committed dacoity, an offence punishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. II. CHARGES WITH TWO OR MORE HEADS (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:— (b) On section 179.—First—That you, on or about the..............................................day of.............................................., at.............................................., knowing a coin to be counterfeit, delivered the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That_ you, on or about the...............................................................day of.............................................., at.............................................., knowing a coin to be counterfeit attempted to induce another person, by name, _A.B.,_ to receive it as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (c) And I hereby direct that you be tried by the said Court on the said charge. (Signature and seal of the Magistrate) [To be substituted for (b)]:— (2) On sections 103 and 105.—First—That you, on or about the..................................... day of.............................................., at.............................................., committed murder by causing the death of.............................................., and thereby committed an offence punishable under section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That you, on or about the......................................day of........................................,_ at.............................................., by causing the death of.............................................., committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (3) On sections 303(2) and 307.—First—That you, on or about the..................................... day of................................, at......, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That you, on or about the.............................................................................................day_ of.............................................., at.............................................., committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Thirdly—That you, on or about the................................................................................................day_ of.............................................., at.............................................., committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, 253 ----- and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Fourthly—That_ you, on or about the.................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (4)Alternative charge on section 229.—That you, on or about the...................................... day of......................................., at......................................., in the course of the inquiry into.............................................., before.............................................., stated in evidence that ‘‘..............................................’’, and that you, on or about the..............................................day of .............................................., at.............................................., in the course of the trial of, ....................................... before, stated in the evidence that ‘‘..............................................’’, one of which statements you either knew or believed to be false, did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the Court of Session’’.) III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION I,..................................................(name and office of Magistrate, etc.) hereby charge you ..............................................(name of accused person) as follows:— That you, on or about the..............................................day of.............................................., at.............................................., committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or Magistrate, as the case may be). And you, the said ................................................................(name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the...................................................... day of.............................................., had been convicted by the..................................................(state Court by _which conviction was had) at..............................................of an offence punishable under Chapter XVII of_ the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of house-breaking by night..............................................(describe the offence in the words used in the _section under which the accused was convicted), which conviction is still in full force and effect, and that_ you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023. And I hereby direct that you be tried, etc. ———— 254 ----- **FORM No. 34** SUMMONS TO WITNESS (See sections 63 and 267) To..............................................of.............................................. WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed the offence of..............................................(state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution. You are hereby summoned to appear before this Court on the.............................................day of..............................................next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 255 ----- **FORM No. 35** WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT (See sections 258, 271 and 278) To the Officer in charge of Jail at.............................................. WHEREAS on the.........................................................................day of ..............................................., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ..............................................of the Calendar for 20 ................................., was convicted before me.................................................................................(name and official designation) of the offence of..............................................(mention the offence or offences concisely) under section (or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act ...........), and was sentenced to..............................................(state the punishment fully and distinctly). This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 256 ----- **FORM No. 36** WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 273) To the Officer in charge of Jail at.............................................. WHEREAS.....................................................................................(name and description) has brought against..............................................(name and description of the accused person) the complaint that..............................................(mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said............................................. (name) and the order of dismissal awards payment by the said..............................................(name of _complainant) of the sum of rupees..............................................as compensation; and whereas the said sum_ has not been paid and an order has been made for his simple imprisonment in Jail for the period of..............................................days, unless the aforesaid sum be sooner paid; This is to authorise and require you to receive the said..............................................(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .......................................................................(term of imprisonment), subject to the provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 257 ----- **FORM No. 37** ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE (See section 302) To the Officer in charge of Jail at.............................................. WHEREAS the attendance of..............................................(name _of_ _prisoner)_ at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of..............................................(state shortly the offence charged) or for the purpose of a proceeding..............................................(state shortly the particulars of the proceeding). You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..............................................................on the.............................................................day of.............................................., 20........., by..............................................A. M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) ———— 258 ----- **FORM No. 38** ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 302) To the Officer in charge of the Jail at............................................. WHEREAS complaint has been made before this Court that..............................................(name of the _accused) of has committed the offence of..............................................(state offence concisely with time and_ _place) and it appears that..............................................(name of prisoner) at present confined/detained in_ the above-mentioned prison, is likely to give material evidence for the prosecution/defence. You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..................................................................on the.........................................................day of.............................................., 20............, by A. M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) ———— 259 ----- **FORM No. 39** WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED (See section 384) To the Officer in charge of the Jail at.............................................. WHEREAS at a Court held before me on this day..............................................(name and description of _the offender) in the presence (or view) of the Court committed wilful contempt._ And whereas for such contempt the said..............................................(name of the offender) has been adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple imprisonment for the period of..............................................(state the number of months or days). This is to authorise and require you to receive the said..............................................(name of the _offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said_ period of..............................................(term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 260 ----- **FORM No. 40** MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 388) To.............................................. (name and designation of officer of Court) WHEREAS..............................................(name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for..............................................(term of detention adjudged); This is to authorise and require you to take the said..............................................(name) into custody, and him safely to keep in your custody for the period of..............................................days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 261 ----- **FORM No. 41** WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 407) To the Officer in charge of the Jail at.............................................. WHEREAS at the session held before me on the...................................................................day of.............................................., 20..............................................,..............................................(name _of_ _prisoner), the (1st, 2nd, 3rd,_ _as the case may be), prisoner in case No. ................. of the Calendar for_ 20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence by the..............................................Court of........................................................................ This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said .......................................................................Court. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 262 ----- **FORM No. 42** WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 427, 453 and 456) To the Officer in charge of the Jail at.............................................. WHEREAS at a Session held on the...............................................................................................day of.............................................., 20.........., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session, was convicted of the offence of..........................................................................., punishable under section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to..................... and thereupon committed to your custody; and whereas by the order of the ................................................................ Court of ............................................................. order of the .............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; This is to authorise and require you safely to keep the said..............................................(prisoner’s _name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the_ proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, _or_ _if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and_ there to carry into execution the punishment of imprisonment under the said order according to law”. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 263 ----- **FORM No. 43** WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See sections 453 and 454) To the Officer in charge of the Jail at.............................................. WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on the..............................................day of .............................................., 20 ..............,has been by a warrant of the Court, dated the.................... day of .............................................., committed to your custody under sentence of death; .............................................. and whereas the order of the High Court at ..............................................confirming the said sentence has been received by this Court. This is to authorise and require you to carry the said sentence into execution by causing the said..............................................to be hanged by the neck until he be dead, at..............................................(time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 264 ----- **FORM No. 44** WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 461) To.............................................. (name and designation of the police officer or other person or persons who is or are to execute the _warrant)._ WHEREAS..............................................(name _and_ _description_ _of_ _the_ _offender)_ was on the..............................................day of.............................................., 20........., convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and whereas the said..............................................(name), although required to pay the said fine, has not paid the same or any part thereof; This is to authorise and require you to attach any movable property belonging to the said ...................................................................................(name), which may be found within the district of..............................................; and, if within..............................................(state the number of days or _hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable_ property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............. . (Seal of the Court) (Signature) ———— 265 ----- **FORM No. 45** WARRANT FOR RECOVERY OF FINE (See section 461) To the Collector of the district of.............................................. WHEREAS.............................................. _(name, address and description of the offender) was on_ the..............................................day of.............................................., 20.........., convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and WHEREAS the said..............................................(name), although require to pay the said fine, has not paid the same or any part of thereof; You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said..............................................(name) and to certify without delay what you have done in pursuance of this order. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 266 ----- **FORM No. 46** BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE [See section 464 (1) (b)] WHEREAS I,..............................................(name) inhabitant of..............................................(place), have been sentenced to pay a fine of rupees..............................................and in default of payment thereof to undergo imprisonment for..............................................; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates), namely:— I hereby bind myself to appear before the Court of......................................................................... at.............................................. o'clock on the following date (or dates), namely:— and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.............................................. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ..............................................on the following date (or dates), namely:— And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees............................................... (Signature) ———— 267 ----- **FORM No. 47** BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................., 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court of..............................................on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees............................... Dated, this.............................................. day of.............................................., 20 ............ . (Signature) ———— 268 ----- **FORM No. 48** WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See section 487) To the Officer in charge of the Jail at.............................................. (or other officer in whose custody the person is) WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of this Court, dated the..................................................................................day of.............................................., and has since with his surety (or sureties) duly executed a bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023; This is to authorise and require you forthwith to discharge the said....................................... (name) from your custody, unless he is liable to be detained for some other matter. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 269 ----- **FORM No. 49** WARRANT OF ATTACHMENT TO ENFORCE A BOND (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS..............................................(name, description and address of person) has failed to appear on..............................................(mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees..............................................(the penalty in the bond); and whereas the said..............................................(name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him; This is to authorise and require you to attach any movable property of the said ..............................................(name) that you may find within the district of ..............................., by seizure and detention, and, if the said amount be not paid within........................................., days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 270 ----- **FORM No. 50** NOTICE TO SURETY ON BREACH OF A BOND (See section 491) To .............................................. of .............................................. WHEREAS on the..............................................day of.............................................., 20 ........................., you became surety for..............................................(name) of..............................................(place) that he should appear before this Court on the..............................................day of ..............................................and bound yourself in default thereof to forfeit the sum of rupees..................to Government; and whereas the said..............................................(name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees. You are hereby required to pay the said penalty or show cause, within..............................................days from this date, why payment of the said sum should not be enforced against you. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 271 ----- **FORM No. 51** NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To.............................................. of.............................................. WHEREAS on the..............................................day of ............................, 20..................., you became surety by a bond for..............................................(name) of.............................................. (place) that he would be of good behaviour for the period of..............................................and bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and whereas the said..............................................(name) has been convicted of the offence of.............................................. (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited; You are hereby required to pay the said penalty of rupees .................... or to show cause within .............................................. days why it should not be paid. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 272 ----- **FORM No. 52** WARRANT OF ATTACHMENT AGAINST A SURETY (See section 491) To..............................................of.............................................. WHEREAS..............................................(name, description and address) has bound himself as surety for the appearance of .............................................. (mention the condition of the bond) and the said .............................................. (name) has made default, and thereby forfeited to Government the sum of rupees ........................ (the penalty in the bond); This is to authorise and require you to attach any movable property of the said ................................................................(name) which you may find within .............................................. the district of .............................................., by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 273 ----- **FORM No. 53** WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS..............................................(name and description of surety) has bound himself as a surety for the appearance of.............................................. (state the condition of the bond) and the said..............................................(name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said..............................................(name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the _period);_ This is to authorise and require you, the said Superintendent (or Keeper) to receive the said..............................................(name) into your custody with the warrant and to keep him safely in the said Jail for the said..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 274 ----- **FORM No. 54** NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 491) To..............................................(name, description and address) WHEREAS on the..............................................day of.............................................., 20................,you entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me within..............................................days why payment of the same should not be enforced against you. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 275 ----- **FORM No. 55** WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To.............................................. (name and designation of police officer), at the police station of.............................................. WHEREAS..............................................(name _and_ _description)_ did, on the..............................................day of.............................................., 20........................, enter into a bond for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees.............., which you may find within the district of.............................................., and, if the said sum be not paid within.........................................., to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 276 ----- **FORM No. 56** WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS proof has been given before me and duly recorded that................................(name and _description) has committed a breach of the bond entered into by him to keep the peace, whereby he has_ forfeited to Government the sum of rupees.................. ; and whereas the said..............................................(name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail of the period of..............................................(term _of imprisonment);_ This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said..............................................(name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 277 ----- **FORM No. 57** WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS ......................................................................(name, description and address) did, on the..............................................day of.............................................., 20.................., give security by bond in the sum of rupees................... for the good behavior of..............................................(name, etc., of the _principal), and proof has been given before me and duly recorded of the commission by the_ said..............................................(name) of the offence of ..............................................whereby the said bond has been forfeited; and whereas notice has been given to the said..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees......................which you may find within the district of.............................................., and, if the said sum be not paid within.............................................. , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 278 ----- **FORM No. 58** WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Superintendent (or Keeper) of the Civil Jail at............................................. WHEREAS..........................................................................(name, description and address) did, on the .............................................. day of.............................................., 20.................., give security by bond in the sum of rupees........................for the good behaviour of...................................(name, etc., of the _principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby_ the said..............................................(name) has forfeited to Government the sum of rupees.................., and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail for the period of..............................................(term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper), to receive the said..............................................(name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of..............................................(term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ————— 279 -----

4-Mar-2014

7

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

https://www.indiacode.nic.in/bitstream/123456789/20336/1/street_vendors_%28protection_of_livelihood_and_regulation_of_street_vending%29_act%2c_2014.pdf

Andaman and Nicobar Islands

# THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 _______________ # ARRANGEMENT OF SECTIONS _______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and provisions. 2. Definitions. CHAPTER II REGULATION OF STREET VENDING 3. Survey of street vendors and protection from eviction or relocation. 4. Issue of certificate of vending. 5. Conditions for issue of certificate of vending. 6. Categories of certificate of vending and issue of identity cards. 7. Criteria for issuing certificate of vending. 8. Vending fees. 9. Validity and renewal of certificate of vending. 10. Cancellation or suspension of certificate of vending. 11. Appeal from decision of Town Vending Committee. CHAPTER III RIGHTS AND OBLIGATIONS OF STREET VENDORS 12. Rights of street vendor. 13. Right of street vendor for a new site or area on relocation. 14. Duty of street vendors. 15. Maintenance of cleanliness and public hygiene. 16. Maintenance of civic amenities in vending zone in good condition. 17. Payment of maintenance charges. CHAPTER IV RELOCATION AND EVICTION OF STREET VENDORS 18. Relocation or eviction of street vendors. 19. Seizure and reclaiming of goods. CHAPTER V DISPUTE REDRESSAL MECHANISM 20. Redressal of grievances or resolution of disputes of street vendors. 1 ----- SECTIONS 21. Plan for street vending. CHAPTER VI PLAN FOR STREET VENDING CHAPTER VII TOWN VENDING COMMITTEE 22. Town Vending Committee. 23. Meetings of Town Vending Committee. 24. Temporary association of persons with Town Vending Committee for particular purposes. 25. Office space and other employees for Town Vending Committee. 26. Publication of street vendor’s charter and data-base and carrying out of social audit. CHAPTER VIII PREVENTION OF HARASSMENT OF STREET VENDORS 27. Prevention of harassment by police and other authorities. CHAPTER IX PENAL PROVISIONS 28. Penalty for contraventions. CHAPTER X MISCELLANEOUS 29. Provisions of this Act, not to be construed as conferring ownership rights, etc. 30. Returns. 31. Promotional measures. 32. Research, training and awareness. 33. Act to have overriding effect. 34. Powers to delegate. 35. Power to amend Schedules. 36. Power to make rules. 37. Power to make bye-laws. 38. Scheme for street vendors. 39. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 ACT NO. 7 OF 2014 [4th March, 2014.] # An Act to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and provisions.—(1) This Act may be called the Street** Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. (4) The provisions of this Act shall not apply to any land, premises and trains owned and controlled by the Railways under the Railway Act, 1989 (24 of 1989). **STATE AMENDMENT** **Union Territory of Jammu and Kashmir and Ladakh** **Section 1.--In sub-section (2), omit 'except the State of Jammu and Kashmir’.** [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and _vide Union Territory of Ladakh_ Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means in respect of matters relating to,— (i) a Union territory without Legislature, the Central Government; (ii) the Union territories with Legislature, the Government of the National Capital Territory of Delhi or, as the case may be, the Government of Union territory of Puducherry; (iii) a State, the State Government; (b) “holding capacity” means the maximum number of street vendors who can in any vending zone and has been determined as such by the local authority on the commendations of the Town Vending Committee; (c) “local authority” means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of 2006) or such other body 1. 1[st] May, 2014, vide notification No. S.O. 1185 (E), dated 1[st] May, 2014, see Gazette of India, Extraordinary, Part II, Sec. 3(ii). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 3 ----- entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the “planning authority” which regulates the land use in that city or town; (d) “mobile vendors” means street vendors who carry out vending activities in designated area by moving from one place to another place vending their goods and services; (e) “natural market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determine das such by the local authority on the recommendations of the Town Vending Committee; (f) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly; (g) “planning authority” means an Urban Development Authority or any other authority in any city or town designated by the appropriate Government as responsible for regulating the land use by defining the precise extent of areas for any particular activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicable Town and Country Planning Act or the Urban Development Act or the Municipal Act, as the case may be; (h) “prescribed” means prescribed by rules made under this Act by the appropriate Government; (i) “Schedule” means the Schedule annexed to this Act; (j) “scheme” means a scheme framed by the appropriate Government under section 38; _(k) “stationary vendors” means street vendors who carry out vending activities on regular basis at_ a specific location; (l) “street vendor” means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, sidewalk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly; (m) “Town Vending Committee” means the body constituted by the appropriate Government under section 22; (n) “vending zone” means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public. (2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area. **STATE AMENDMENT** **Union Territory of Jammu and Kashmir** **Section 2.-In sub-section (1), in clause (a), in sub-clause (ii), after “the Government of the National** Capital Territory of Delhi”, insert “the Government of the Union territory of Jammu and Kashmir” [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020).] 4 ----- CHAPTER II REGULATION OF STREET VENDING **3. Survey of street vendor sand protection from eviction or relocation.—(1) The Town Vending** Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall be carried out at least once in every five years. (2) The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommodated in the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones. (3) No street vendor shall be evicted or, as the case may be, relocated till the survey specified under sub-section (1) has been completed and the certificate of vending is issued to all street vendors. **4. Issue of certificate of vending.—(1) Every street vendor, identified under the survey carried out** under sub-section (1) of section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be issued a certificate of vending by the Town Vending Committee, subject to such terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending: Provided that a person, whether or not included under the survey under sub-section (1) of section 3, who has been issued a certificate of vending before the commencement of this Act, whether known as licence or any other form of permission (whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been issued such certificate of vending. (2) Where, in the intervening period between two surveys, any person seeks to vend, the Town Vending Committee may grant a certificate of vending to such person, subject to the scheme, the plan for street vending and the holding capacity of the vending zones. (3) Where the number of street vendors identified under sub-section (1) or the number of persons seeking to vend under sub-section (2) are more than the holding capacity of the vending zone and exceeds the number of persons to be accommodated in that vending zone, the Town Vending Committee shall carry out a draw of lots for issuing the certificate of vending for that vending zone and the remaining persons shall be accommodated in any adjoining vending zone to avoid relocation. **5. Conditions for issue of certificate of vending.—(1) Every street vendor shall give an undertaking** to the Town Vending Committee prior to the issue of a certificate of vending under section 4, that— _(a) he shall carry on the business of street vending himself or through any of his family member;_ (b) he has no other means of livelihood: (c) he shall not transfer in any manner whatsoever, including rent, the certificate of vending or the place specified therein to any other person. (2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending— (a) spouse of the street vendor; (b) dependent child of the street vendor: Provided that where a dispute arises as to who is entitled to vend in the place of the vendor, the matter shall be decided by the committee under section 20. **6. Categories of certificate of vending and issue of identity cards.—(1) The certificate of vending** shall be issued under any of the following categories, namely:— 5 ----- (a) a stationary vendor; (b) a mobile vendor; or (c) any other category as may be specified in the scheme. (2) The certificate of vending issued for the categories specified in sub-section (1) shall be in such form, and issued in such manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities, the days and timings for carrying on such vending activities and the conditions and restriction subject to which he shall carry on such vending activities. (3) Every street vendor who has been issued certificate of vending under sub-section (1) shall be issued identity cards in such form and manner as may be specified in the scheme. **7. Criteria for issuing certificate of vending.—The criteria to be followed by the Town Vending** Committee for issuing certificate of vending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, women, persons with disabilities, minorities or such other categories as may be specified in the scheme. **8. Vending fees.—Every street vendor who has been issued certificate of vending shall pay such** vending fees as may be specified in the scheme. **9. Validity and renewal of certificate of vending.—(1) Every certificate of vending shall be valid** for such period as may be specified in the scheme. (2) Every certificate of vending shall be renewable for such period, in such manner, and on payment of such fees, as may be specified in the scheme. **10. Cancellation or suspension of certificate of vending.—Where a street vendor who has been** issued a certificate of vending under this Act commits breach of any of the conditions thereof or any other terms and conditions specified or the purpose of regulating street vending under this Act or any rules or schemes made thereunder, or where the Town Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud, the Town Vending Committee may, without prejudice to any other fine which may have been incurred by the street vendor under this Act, cancel the certificate of vending or suspend the same in such as may be specified in the scheme and for such period as it deems fit: Provided that no such cancellation or suspension shall be made by the Town Vending Committee unless an opportunity of hearing has been given to the street vendor. **11. Appeal from decision of Town Vending Committee.—(1) Any person who is aggrieved by any** decision of the Town Vending Committee with respect to issue of certificate of vending under section 6 or cancellation or suspension of certificate of vending under section 10 may prefer an appeal to the local authority in such form, within such period, and in such manner, as may be prescribed. (2) No appeal shall be disposed of by the local authority unless the appellant has been given an opportunity of hearing. CHAPTER III RIGHTS AND OBLIGATIONS OF STREET VENDORS **12. Rights of street vendors.—(1) Every street vendor shall have the right to carry on the business of** street vending activities in accordance with the terms and conditions mentioned in the certificate of vending. (2) Notwithstanding anything contained in sub-section (1), where any area or space, as the case may be, has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zone. **13. Right of street vendor for a new site or area on relocation.—Every street vendor, who** possesses a certificate of vending, shall, in case of his relocation under section 18, be entitled for new site 6 ----- or area, as the case may be, for carrying out his vending activities as may be determined by the local authority, in consultation with the Town Vending Committee. **14. Duty of street vendors.—Where a street vendor occupies space on a time sharing basis, he shall** remove his goods and wares every day at the end of the time-sharing period allowed to him. **15. Maintenance of cleanliness and public hygiene.—Every street vendor shall maintain cleanliness** and public hygiene in the vending zones and the adjoining areas. **16. Maintenance of civic amenities in vending zone in good condition.—Every street vendor shall** maintain civic amenities and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the same. **17. Payment of maintenance charges.—Every street vendor shall pay such periodic maintenance** charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authority. CHAPTER IV RELOCATION AND EVICTION OF STREET VENDORS **18. Relocation or eviction of street vendors.—(1) The local authority may, on the recommendations** of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the scheme. (2) The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme. (3) No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days’ notice for the same in such manner as may be specified in the scheme. (4) A street vendor shall be relocated or evicted by the local authority physically in such manner as may be specified in the scheme only after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice. (5) Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice, shall be liable to pay for every day of such default, a penalty which may extend up to two hundred and fifty rupees, as may be determined by the local authority, but shall not be more than the value of goods seized. **19. Seizure and reclaiming of goods.—(1) If the street vendor fails to vacate the place specified in** the certificate of vending, after the lapse of the period specified in the notice given under sub-section (3) of section 18, the local authority, in addition to evicting the street vendor under section 18, may, if it deems necessary, seize the goods of such street vendor in such manner as may be specified in the scheme: Provided that where any such seizure is carried out, a list of goods seized shall be prepared, as specified in the scheme, and a copy thereof, duly signed by the person authorised to seize the goods, shall be issued to the street vendor. (2) The street vendor whose goods have been seized under sub-section (1) may, reclaim his goods in such manner, and after paying such fees, as may be specified in the scheme: Provided that in case of non-perishable goods, the local authority shall release the goods within two working days of the claim being made by the street vendor and in case of perishable goods the local authority shall release the goods on the same day of the claim being made by the street vendor. 7 ----- CHAPTER V DISPUTE REDRESSAL MECHANISM **20. Redressal of grievances or resolution of disputes of street vendors.—(1) The appropriate** Government may constitute one or more committees consisting of a Chairperson who has been a civil judge or a judicial magistrate and two other professional shaving such experience as may be prescribed for the purpose of deciding the applications received under sub-section (2): Provided that no employee of the appropriate Government or the local authority shall be appointed as members of the committee. (2) Every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under sub-section (1) in such form and manner as maybe prescribed. (3) On receipt of grievance or dispute under sub-section (2), the committee referred to in sub-section (1) shall, after verification and enquiry in such manner, as may be prescribed, take steps for redressal of such grievance or resolution of such dispute, within such time and in such manner as may be prescribed. (4) Any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form, within such time and in such manner as may be prescribed. (5) The local authority shall dispose of the appeal received under sub-section (4) within such time and in such manner as may be prescribed: Provided that the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved person. CHAPTER VI PLAN FOR STREET VENDING **21.** **Plan for street vending.—(1) Every local authority shall, in consultation with the planning** authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors covering the matters contained in the First Schedule. (2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors. CHAPTER VII TOWN VENDING COMMITTEE **22. Town Vending Committee.—(1) The appropriate Government may, by rules made in this behalf,** provide for the term and the manner of constituting a Town Vending Committee in each local authority: Provided that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority. (2) Each Town Vending Committee shall consist of:— (a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and (b) such number of other members as may be prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organisations, community based organisations, resident welfare associations, banks and such other interests as it deems proper; (c) the number of members nominated to represent the non-governmental organisations and the community based organisations shall not be less than ten per cent.; 8 ----- (d) the number of members representing the street vendors shall not be less than forty per cent. who shall be elected by the street vendors themselves in such manner as may be prescribed: Provided that one-third of members representing the street vendors shall be from amongst women vendors: Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities from amongst the members representing street vendors. _(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances_ as may be prescribed by the appropriate Government. **23. Meetings of Town Vending Committee.—(1) The Town Vending Committee shall meet at such** times and places within the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings, and discharge such functions, as may be prescribed. (2) Every decision of the Town Vending Committee shall be notified along with the reasons for taking such decision. **24. Temporary association of persons with Town Vending Committee for particular** **purposes.—(1) The Town Vending Committee may associate with itself in such manner and for such** purposes, as may be prescribed, any person whose assistance or advice it may desire, in carrying out any of the provisions of this Act. (2) A person associated under sub-section (1) shall be paid such allowances as maybe prescribed. **25. Office space and other employees for Town Vending Committee.—The local authority shall** provide the Town Vending Committee with appropriate office space and such employees as may be prescribed. **26. Publication of street vendor’s charter and data-base and carrying out of social audit.—(1)** Every Town Vending Committee shall publish the street vendor's charter specifying therein the time within which the certificate of vending shall be issued to a street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein. (2) Every Town Vending Committee shall maintain up to date records of registered street vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be prescribed. (3) Every Town Vending Committee shall carry out social audit of its activities under the Act or the rules or the schemes made there under in such form and manner as may be specified in the scheme. CHAPTER VIII PREVENTION OF HARASSMENT OF STREET VENDORS **27. Prevention of harassment by police and other authorities.—Notwithstanding anything** contained in any other law for the time being in force, no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force. CHAPTER IX PENAL PROVISIONS **28. Penalty for contraventions.—If any street vendor—** (a) indulges in vending activities without a certificate of vending; (b) contravenes the terms of certificate of vending; or 9 ----- (c) contravenes any other terms and conditions specified for the purpose of regulating street vending under this Act or any rules or schemes made thereunder, he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authority. CHAPTER X MISCELLANEOUS **29. Provisions of this Act, not to be construed as conferring ownership rights, etc.—(1) Nothing** contained in this Act shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in the vending zones allotted to him or in respect of any place on which he carries on such vending activity. (2) Nothing contained in sub-section (1) shall apply to any stationery vendor, if a temporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions of any law for the time being in force for carrying out such vending activity. **30. Returns.—Every Town Vending Committee shall furnish, from time to time, to the appropriate** Government and the local authority such returns as may be prescribed. **31. Promotional measures.—The appropriate Government may, in consultation with the Town** Vending Committee, local authority, planning authority and street vendors associations or unions, undertake promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors. **32. Research, training and awareness.—The appropriate Government may, to the extent of** availability of financial and other resources,— (a) organise capacity building programmes to enable the street vendors to exercise the rights contemplated under this Act; (b) undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through Town Vending Committee. **33. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything in consistent there in contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. **34. Powers to delegate.—The appropriate Government may, by general or special order in writing,** delegate such of its powers and functions under this Act (excluding the power to frame scheme under section 38 and power to make rules under section 36), as it may deem necessary, to the local authority or the Town Vending Committee or any other officer, subject to such conditions, if any, as may be specified in that order. **35. Power to amend Schedules.—(1) On the recommendations made by the appropriate Government** or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedules and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly. (2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued. **36. Power to make rules.—(1) The appropriate Government shall, within one year from the date of** commencement of this Act, by notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the age for street vending under sub-section (1) of section 4; 10 ----- (b) the form, period and manner of filing appeal with the local authority under sub-section (1) of section 11; (c) the persons and the experience such person shall have under sub-section (1) of section 20; (d) the form and the manner of making application under sub-section (2) of section 20; (e) the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20; (f) the form, the time within which and the manner in which an appeal may be filed under sub-section (4) of section 20; (g) the time within which and the manner in which an appeal shall be disposed of under sub-section (5) of section 20; (h) the term of, and the manner of constituting, the Town Vending Committee under sub-section (1) of section 22; (i) the number of other members of the Town Vending Committee under clause (b) of sub-section (2) of section 22; (j) the manner of elections among street vendors under clause (d) of sub-section (2) of section 22; (k) the allowances to Chairperson and members under sub-section (3) of section 22; (l) the time and place for meeting, procedure for transaction of business at meetings and functions to be discharged by the Town Vending Committee under section 23; (m) the manner and the purpose for which a person may be associated under sub-section (1) of section 24; (n) the allowances to be paid to an associated person under sub-section (2) of section 24; (o) the other employees of Town Vending Committee under section 25; (p) the manner of maintaining up to date record of all street vendors under sub-section (2) of section 26; (q) the returns to be furnished under section 30; (r) the manner of publishing summary of scheme under sub-section (2) of section 38. (3) Every rule and scheme made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session,for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme. (4) Every rule or scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House. **37. Power to make bye-laws.—Subject to the provisions of this Act or any rule or scheme made** thereunder, the local authority may make bye-laws to provide for all or any of the following matters, namely:— (a) the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones; 11 ----- (b) determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section 17; (c) determination of penalty under sub-section (5) of section 18 and section 28; (d) the regulation of the collection of taxes and fees in the vending zones; (e) the regulation of traffic in the vending zones; (f) the regulation of the quality of products and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards; (g) the regulation of civic services in the vending zones; and (h) the regulation of such other matters in the vending zones as may be necessary. **38. Scheme for street vendors.—(1) For the purposes of this Act, the appropriate Government shall** frame a scheme, within six months from the date of commencement of this Act, after due consultations with the local authority and the Town Vending Committee, by notification, which may specify all or any of the matters provided in the Second Schedule. (2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the local authority in at least two local newspapers in such manner as may be prescribed. **39. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not in consistent with the provisions of this Act, as appear to it to be necessary expedient for removing the difficulty: Provided that no order shall be made under this section after expiry of three years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 12 ----- THE FIRST SCHEDULE (See section 21) PLAN FOR STREET VENDING (1) The plan for street vending shall,— (a) ensure that all existing street vendors identified in the survey, subject to a norm conforming to two and half per cent. of the population of the ward, zone, town or city, as the case may be, are accommodated in the plan for street vending; (b) ensure the right of commuters to move freely and use the roads without any impediment; (c) ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets; (d) take into account the civic facilities for appropriate use of identified spaces or areas as vending zones; (e) promote convenient, efficient and cost effective distribution of goods and provision of services; (f) such other matters as may be specified in the scheme to give effect to the plan for street vending. (2) The plan for street vending shall contain all of the following matters, namely:— (a) determination of spatial planning norms for street vending; (b) earmarking of space or area for vending zones; (c) determination of vending zones as restriction-free-vending zones, restricted vending zones and no-vending zones; (d) making of spatial plans conducive and adequate for the prevalent number of street vendors in that city or town and also for the future growth, by adopting such norms as may be necessary; (e) consequential changes needed in the existing master plan, development plan, zonal plan, layout plan and any other plan for accommodating street vendors in the designated vending zones. (3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles, namely:— (a) any existing market, or a natural market as identified under the survey shall not be declared as a no-vending zone; (b) declaration of no-vending zone shall be done in a manner which displace sthe minimum percentage of street vendors; (c) overcrowding of any place shall not be a basis for declaring any area as a no-vending zone provided that restrictions may be placed on issuing certificate of vending in such areas to persons not identified as street vendors in the survey; (d) sanitary concerns shall not be the basis for declaring any area as a no-vending zone unless such concerns can be solely attributed to street vendors and cannot be resolved through appropriate civic action by the local authority; (e) till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone. 13 ----- THE SECOND SCHEDULE (See section 38) Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:— (a) the manner of conducting survey; (b) the period within which certificate of vending shall be issued to the street vendors identified under the survey; (c) the terms and conditions subject to which certificate of vending may be issued to a street vendor including to those persons who wish to carry on street vending during the intervening period of two surveys; (d) the form and the manner in which the certificate of vending may be issued to a street vendor; (e) the form and manner of issuing identity cards to street vendors; (f) the criteria for issuing certificate of vending to street vendors; (g) the vending fees to be paid on the basis of category of street vending, which may be different for different cities; (h) the manner of collecting, through banks, counters of local authority and counters of Town Vending Committee, vending fees, maintenance charges and penalties for registration, use of parking space for mobile stalls and availing of civic services; (i) the period of validity of certificate of vending; (j) the period for which and the manner in which a certificate of vending may be renewed and the fees for such renewal; (k) the manner in which the certificate of vending may be suspended or cancelled; (l) the categories of street vendors other than stationery vendors and mobile vendors; (m) the other categories of persons for preference for issue of certificate of vending; (n) the public purpose for which a street vendor may be relocated and the manner of relocating street vendor; (o) the manner of evicting a street vendor; (p) the manner of giving notice for eviction of a street vendor; (q) the manner of evicting a street vendor physically on failure to evict; (r) the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized; (s) the manner of reclaiming seized goods by the street vendor and the fees for the same; (t) the form and the manner for carrying out social audit of the activities of Town Vending Committee; (u) the conditions under which private places may be designated as restriction free-vending zones, restricted-vending zones and no-vending zones; (v) the terms and conditions for street vending including norms to be observed for up keeping public health and hygiene; (w) the designation of State Nodal Officer for co-ordination of all matters relating to street vending at the state level; (x) the manner of maintenance of proper records and other documents by the Town Vending Committee, local authority, planning authority and State Nodal Officer in respect of street vendors; 14 ----- (y) the manner of carrying out vending activities on time-sharing basis; (z) the principles for determination of vending zones as restriction-free-vending zones, restricted-vending zones and no-vending zones; (za) the principles for determining holding capacity of vending zones and the manner of undertaking comprehensive census and survey; (zb) principles of relocation subject to the following: (i) relocation should be avoided as far as possible, unless there is clear and urgent need for the land in question; (ii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project; (iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels; (iv) livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure; (v) loss of assets shall be avoided and in case of any loss, it shall be compensated; (vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act; (vii) state machinery shall take comprehensive measures to check and control the practice of forced evictions; (viii) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated; (zc) any other matter which may be included in the scheme for carrying out the purposes of this Act. 15 -----